46Prior notice of use of pesticide in residential complex

#### 46 Prior notice of use of pesticide in residential complex 46 Prior notice of use of pesticide in residential complex > > (1) A person who engages a person to carry out fumigation work, pest management technician work or timber pest management technician work in any common area of a residential complex must ensure that a pesticide use notice is given at least 5 working days before the proposed use— > > > > > (a) to each resident in person or by telephone, post, facsimile transmission or email or by placing the notice in the resident’s letter box or under the resident’s front door, or > > > > > (b) by placing the notice in writing— > > > > > > > (i) on the main notice boards at the residential complex (if available), and > > > > > > > (ii) if the pesticide is to be used in a common area within a building—at each entrance to the building concerned, and > > > > > > > (iii) if the pesticide is to be used in a common area outside a building—at each entrance to each building adjoining the common area concerned. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—400 penalty units, or > > > > > (b) in the case of an individual—200 penalty units. > > > (2) Notice is not required to be given under this clause if— > > > > > (a) the work is to be carried out in an emergency so as to deal with biting or dangerous pests (such as rodents, wasps, bees, venomous spiders, fleas, bird mites or similar creatures), and > > > > > (b) the person carrying out the work displays a notice under clause 47 and makes records of the emergency and the use of pesticide. > > > (2A) Also, notice is not required to be given under this clause if— > > > > > (a) the work to be carried out is pest management technician work or timber pest management technician work, and > > > > > (b) the work will be carried out by a person specified in clause 12A(1), and > > > > > (c) the work will be carried out for a purpose specified in clause 12A(2)(a) or (b). > > > (3) Without limiting the meaning of the term, a person who engages a person to carry out fumigation work, pest management technician work or timber pest management technician work includes the following— > > > > > (a) a managing agent of an owners corporation for a strata scheme, > > > > > (b) a managing agent for an association for a community scheme, > > > > > (c) a park manager for a caravan park, > > > > where that agent or manager, or a member of his or her staff, arranges for a person to carry out the work. > > **cl 46:** Am 2021 (694), Schs 1\[9\], 2\[19\]–\[21\].