48Prior notice of use of pesticide near sensitive place

#### 48 Prior notice of use of pesticide near sensitive place 48 Prior notice of use of pesticide near sensitive place > > (1) A person who carries out fumigation work, pest management technician work or timber pest management technician work must ensure that, at least 5 working days before using a pesticide within 20 metres of a sensitive place (other than a hospital), a pesticide use notice is given to the person (or an agent of the person) having the care, control or management of the sensitive place. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—400 penalty units, or > > > > > (b) in the case of an individual—200 penalty units. > > > (2) For the purposes of this clause, pesticide is used within 20 metres of a sensitive place if it is used— > > > > > (a) within 20 metres of any common boundary between the land on which the pesticide is used and the sensitive place, or > > > > > (b) if the sensitive place consists only of a building or part of a building—within 20 metres of the building or part of the building. > > > (3) A person does not commit an offence under this clause if he or she could not have reasonably known that the place where the pesticide is to be used is within 20 metres of a sensitive place. > > > (4) Despite subclause (1), a pesticide use notice may be given under this clause immediately before the carrying out of the fumigation work, pest management technician work or timber pest management technician work 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 who carries out the work makes records of the emergency and the use of pesticide. > > > (5) For the purposes of this clause, a pesticide use notice must be given in person or by telephone, post, facsimile transmission or email or by placing the notice in the person’s letter box. > > > (5A) 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). > > > (6) Nothing in this clause prevents a person who carries out fumigation work, pest management technician work or timber pest management technician work from giving any other notice before using a pesticide whether or not within 20 metres of a sensitive place. > > > (7) In this clause— > > > > using a pesticide means spraying a pesticide outdoors, or injecting a pesticide directly into the ground outdoors. > > **cl 48:** Am 2021 (694), Schs 1\[11\] \[12\], 2\[24\] \[25\].