21Use of poisonous substances

21 Use of poisonous substances

(1) A person commits an offence if the person uses on Trust land, or brings onto Trust land, a pesticide, herbicide or other poisonous substance.

Penalty: 10 penalty units.

(2) Subsection (1) does not apply to a pesticide, herbicide or other poisonous substance brought on to Trust land, or reasonably used on Trust land, for a domestic purpose.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) A domestic purpose includes the use of a pesticide, herbicide or other poisonous substance for an activity such as cleaning or gardening by, or on behalf of, persons who: (a) live on Trust land; or (b) operate a business on Trust land, for which such an activity is a reasonable part of the business operations. (4) Strict liability applies to subsection (1).

Note: For general circumstances in which an activity will not constitute an offence, see section 13.