40Obligations on public authorities concerning use of pesticide

40 Obligations on public authorities concerning use of pesticide

40 Obligations on public authorities concerning use of pesticide

(1) A public authority must not use, or allow any person to use, any pesticide in a prescribed public place that is owned by or is under the control of the public authority unless the public authority has first—

(a) prepared, finalised and notified the Environment Protection Authority of a plan (a pesticide use notification plan) in accordance with this Division, and

(b) given public notice of the proposed use of pesticide in accordance with that plan.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(2) A public authority may satisfy a requirement under this clause if it prepares and notifies one or more pesticide use notification plans that apply to all prescribed public places that it owns or controls.

(3) Subclause (1) does not apply in respect of the use of pesticide in a prescribed public place that is owned by or is under the control of a public authority if the pesticide is used by another public authority and that other public authority has—

(a) prepared, finalised and notified the Environment Protection Authority of a pesticide use notification plan in accordance with this Division, and

(b) given public notice in accordance with that plan.

(4) Subclause (1) does not apply in relation to the use of pesticide in public baths or in any swimming pool or spa.