Agricultural and Veterinary Chemicals (Control of Use) Order (No. 3) 2001 (TAS)

Agricultural and Veterinary Chemicals (Control of Use) Order (No. 3) 2001

I make the following order under section 20(2) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 .7 December 2001

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1Short titleThis order may be cited as the Agricultural and Veterinary Chemicals (Control of Use) Order (No. 3) 2001 . 2CommencementThis order takes effect on the day on which its making is notified in the Gazette. 3Interpretation (1)  In this order – Act means the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ; permit means a permit granted and in force under the Act; sell includes – (a) any method of disposition for valuable consideration; and (b) barter or exchange; and (c) the disposition to an agent for sale on consignment; and (d) offering or attempting to sell; and (e) receiving or having in possession for sale; and (f) exposing for sale; and (g) sending, delivering or supplying for sale; and (h) causing or permitting to be sold or offered or exposed for sale; and (i) disposal by way of raffle, lottery or other game of chance; tributyltin antifouling chemical product means a chemical product containing a tributyltin compound used to control fouling on marine vessels. (2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws. 4Application of chemical products (1) A person must not handle a tributyltin antifouling chemical product by using that product for the purpose of applying it to the hull of a marine vessel up to and including 25 metres in length. (2) Except as permitted by a permit, a person must not handle a tributyltin antifouling chemical product by using that product for the purpose of applying it to the hull of a marine vessel more than 25 metres in length. 5Sale of chemical products (1) A person must not sell a tributyltin antifouling chemical product to a person who is not the holder of a permit. (2) A person who sells a tributyltin antifouling chemical product must – (a) keep a record of each sale; and (b) keep that record for 2 years. (3)  A record must include the following: (a) the name and address of the person selling the chemical product; (b) the name of the chemical product; (c) the name and address of the purchaser of the chemical product; (d) the number of the purchaser’s permit; (e) the date of the sale of the chemical product; (f) the quantity of the chemical product sold. 6RescissionThe Agricultural and Veterinary Chemicals (Control of Use) Order (No. 2) 2001 is rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 19 December 2001

This order is administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the order) This order –

(a) regulates the application and sale of tributyltin antifouling chemical products; and (b) rescinds the Agricultural and Veterinary Chemicals (Control of Use) Order (No. 2) 2001 .