6Kinds of prescribed pesticide work

#### 6 Kinds of prescribed pesticide work 6 Kinds of prescribed pesticide work > > (1) Each of the following is prescribed for the purposes of section 5A of the Act as prescribed pesticide work— > > > > > (a) aerial applicator pilot work—being the piloting by an individual of an aircraft that is being used to apply a pesticide to property (whether or not for fee or reward), > > > > > (b) aerial applicator business—being a business carried on for aerial applicator pilot work, > > > > > (c) RPA applicator pilot work—being the remote piloting by an individual of an unmanned aircraft that is being used to apply a pesticide to property (whether or not for fee or reward), > > > > > (d) RPA applicator business—being a business carried on for RPA applicator pilot work, > > > > > (e) fumigation work—being the use by an individual of fumigants (other than sterilising fumigants applied from single use canisters) for the prevention, control or eradication of pests for fee or reward or for a public authority (whether or not for fee or reward), > > > > > (f) ground applicator work—being the use by an individual of pesticides (other than fumigants) for the control of weeds or of pests affecting plants or soil for fee or reward, but it does not include— > > > > > > > (i) aerial applicator pilot work, or > > > > > > > (ii) RPA applicator pilot work, or > > > > > > > (iii) fumigation work, or > > > > > > > (iv) the use of pesticide on land owned or occupied by the person using the pesticide or by a relative (within the meaning of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075)) of the person, > > > > > (g) pest management technician work—being the use by an individual of pesticides (other than restricted pesticides used to control vertebrates or fumigants) for the prevention, control or eradication of pests for fee or reward or for a public authority (whether or not for fee or reward) but it does not include— > > > > > > > (i) aerial applicator pilot work, or > > > > > > > (ii) RPA applicator pilot work, or > > > > > > > (iii) fumigation work, or > > > > > > > (iv) ground applicator work, or > > > > > > > (v) timber pest management technician work, > > > > > (h) timber pest management technician work—being the use by an individual of pesticides, other than restricted pesticides used to control vertebrates or fumigants, for the prevention, control or eradication of pests that attack, infest or destroy timber or timber products for fee or reward or for a public authority, whether or not for fee or reward, but it does not include— > > > > > > > (i) aerial applicator work, or > > > > > > > (ii) RPA applicator pilot work, or > > > > > > > (iii) fumigation work, or > > > > > > > (iv) ground applicator work, or > > > > > > > (v) pest management technician work. > > > > Note— > > > > The Act, section 45 sets out the requirement for a licence to carry out prescribed pesticide work. > > > (2) Despite subclause (1), each of the following uses of pesticides is not prescribed pesticide work if the use does not occur in connection with the piloting or use of an aircraft— > > > > > (a) the use on land of pesticides by an individual who is the owner or occupier of the land (or who is the employee of such a person) in connection with agricultural activities on that land, > > > > > (b) the use of pesticides by an individual for amenity horticulture purposes (such as ground or garden maintenance, landscaping, floriculture, arboriculture or the operations of a nursery), > > > > > (c) the use of pesticides by an individual for bush care purposes, > > > > > (d) the use of pesticides by an individual for the purposes of water treatment (including the treatment of water in pools and spas), > > > > > (e) the application of paint by an individual that contains anti-fouling pesticides, > > > > > (f) the use of pesticides by an individual to treat or prevent an ectoparasitic infestation, > > > > > (g) the use of pesticides by an individual to treat or preserve timber at a treatment plant. > > > (3) A business is carried on for aerial applicator pilot work or RPA applicator pilot work if— > > > > > (a) a business is carried on by a person (other than a public authority) and the person— > > > > > > > (i) employs or engages an individual to carry out that work for the business, or > > > > > > > (ii) carries out that work as a self-employed individual, or > > > > > (b) a public authority employs or engages an individual to carry out that work for it. > > **cl 6:** Am 2021 (694), Schs 1\[1\], 2\[3\] \[4\].