Agricultural And Veterinary Chemicals (Control Of Use) Regulations 2005 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) regulations 2005

As in force at 16 December 2021

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Preliminary matters1 — Citation2 — Commencement3 — Definitions4 — Approved testing methods5 — Approved training coursesPart 2 — Possession, use and supply of chemical products generallyDivision 1 — Aerial spraying equipment7 — Aerial spraying equipmentDivision 2 — Possession, use and supply of certain agricultural chemical products8 — Prescribed products9 — Possession and use of prescribed product10 — Supply of prescribed products to persons who are not authorisedDivision 3 — Recording use of chemical products11 — Information about use of agricultural chemical products12 — Ground spray applicator or pilot must record information13 — Record of use of agricultural chemical products to be kept14 — Records about use of veterinary chemical products bynon-veterinarians to be kept15 — Records to be signed and datedPart 3 — Possession and use of restricted chemical products16 — Persons authorised to have possession of and use restricted chemical products16A — Application for authorisation16B — Issue of restricted chemical product authorisationPart 4 — Possession and use of S7 chemical products (S7 authorisations)17 — Application for authorisation18 — Issue of S7 authorisationPart 5 — Licensing requirements for ground and aerial sprayingDivision 1 — Ground spraying19 — Classes of ground spray applicator's licenceDivision 2 — Aerial spraying20 — Application for aerial spraying business licence21 — Application for pilot (chemical rating) licencePart 6 — Manufacture, sale and use of fertilisersDivision 1 — Application and interpretation22 — Fertilisers to which this Part applies23 — Substances exempt from application of this Part24 — Neutralising value of limeDivision 2 — Labelling of fertilisers by manufacturers and sellers25 — Offence26 — Containers to be labelled27 — Information on labels28 — Attaching labels to containers29 — Printing on labels and delivery dockets30 — Labels and delivery dockets to be in English31 — Other requirements for delivery dockets for bulk fertiliser or custom fertiliser mix32 — Additional information: phosphatic fertiliserPart 7 — Harmful ingredients in fertilisers33 — Harmful ingredients34 — Maximum amounts of harmful ingredients in fertilisersPart 8 — Standards for agricultural produce35 — Chemical residues in agricultural produce36 — Maximum residue limits37 — Exceeding maximum residue limits38 — Requirements for working out chemical residuesPart 9 — Infringement notices39 — When infringement notice may be servedWhen infringement notice may be served40 — Prescribed amountPrescribed amount41 — Contents of infringement notice42 — Expiation of offenceExpiation of offence43 — Withdrawal of infringement noticeWithdrawal of infringement notice44 — How service effectedHow service effected45 — Additional mattersAdditional mattersPart 10 — Administrative matters46 — Information published in the Schedule 1 — Minimum percentage contents of elements in fertilisersSchedule 2 — Persons authorised to have possession of and use restricted chemical productSchedule 3 — Infringement notices prescribed offences and amountsENDNOTES northern territory of australia

northern territory of australia

As in force at 16 December 2021

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) regulations 2005

Regulations under the Agricultural and Veterinary Chemicals (Control of Use) Act 2004

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005.

2Commencement

(1)
Regulation 6 comes into operation on the date fixed by the Minister by notice in the Gazette.
(2)
The remaining provisions of these Regulations come into operation on the day on which these Regulations are notified in the Gazette.

3Definitions

In these Regulations, unless the contrary intention appears:

AOAC means the Association of the Official Analytical Chemists.

APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth).

approved testing method has the meaning in regulation 4.

approved training course has the meaning in regulation 5.

chemical residue, in agricultural produce, has the meaning in regulation 35.

element means boron, calcium, cobalt, copper, iron, magnesium, manganese, molybdenum, nitrogen, phosphorus, potassium, selenium, sulfur or zinc.

harmful ingredient, in a fertiliser, has the meaning in regulation 33.

lime means agricultural lime that:

(a)
consists mainly of a combination of calcium and magnesium carbonates; and
(b)
has an effective neutralising value of at least 50%.

minimum percentage content, of an element specified in Schedule 1, column 1 that is in a fertiliser, means:

(a)
if it is a solid fertiliser – the percentage content specified opposite in Schedule 1, column 2; or
(b)
if it is a liquid fertiliser – the percentage content specified opposite in Schedule 1, column 3.

MRL Standard means the MRL Standard published by or on behalf of the APVMA, as amended from time to time.

neutralising value, of lime, has the meaning in regulation 24.

percentage content, of a solid that is in a substance, means:

(a)
if the solid is in a solid substance – the proportion (expressed as a percentage) that the solid’s weight bears to the total weight of the substance; or
(b)
if the solid in a liquid substance – the proportion (expressed as a percentage) that the solid’s weight bears to the total volume of the substance.

phosphatic fertiliser means a fertiliser that contains phosphorus in a percentage content greater than 2%.

S7 authorisation means an authorisation under Part 4 to have possession of and use an S7 chemical product.

4Approved testing methods

An approved testing method for testing a substance is:

(a)
a method for testing the substance approved by the Chemicals Coordinator by notice in the Gazette; or
(b)
if there is no method approved by the Chemicals Coordinator – the method for testing the substance most recently published by the AOAC.

5Approved training courses

An approved training course for handling a substance is a course for handling the substance approved by the Chemicals Coordinator by notice in the Gazette.

Part 2Possession, use and supply of chemical products generallyDivision 1Aerial spraying equipment 7Aerial spraying equipment

(1)
A person must not use aerial spraying equipment unless each of the individual spray nozzles used in the equipment is fitted with an operating leak proof cut off valve.
Maximum penalty: 50 penalty units.
(2)
A person must not carry out aerial spraying unless one or more of the following applies:
- (a)
  a smoke generating device is operated at ground level at or near the point at which the agricultural chemical product is applied immediately before, and at all times during, the application;
- (b)
  the aircraft is fitted with a smoke generating device that is operated immediately before, and at all times during, the application of the agricultural chemical product;
- (c)
  a windsock that is clearly visible to the pilot of the aircraft is operating at ground level at or near the point at which the agricultural chemical product is applied.
Maximum penalty: 50 penalty units.

Division 2Possession, use and supply of certain agricultural chemical products 8Prescribed products

The Chemicals Coordinator may, by Gazette notice, declare a product to be a prescribed product for this Division.

9Possession and use of prescribed product

A person must not have possession of or use a prescribed product unless:

(a)
the person has successfully completed an approved training course for handling the product; or
(b)
the person is authorised to use the product under a ground spray applicator’s licence or a pilot (chemical rating) licence and uses the product in accordance with the licence.

Maximum penalty: 30 penalty units.

10Supply of prescribed products to persons who are not authorised

A person must not, without reasonable excuse, supply a prescribed product to a person who is not authorised under these Regulations to have possession of or use the product.

Maximum penalty: 30 penalty units

Division 3Recording use of chemical products 11Information about use of agricultural chemical products

The information required to be kept under section 72 of the Act, or recorded under regulation 12 or 13, about the use of agricultural chemical products is the following:

(a)
the name and address of the person who used the product;
(b)
if the product is used in a ground spraying business or an aerial spraying business – the names and addresses of the business, the licensee of the business and the client on whose behalf the product was used;
(c)
the full name and APVMA registration number of the product;
(d)
the rate at which the product was applied or the amount of product applied;
(e)
the method of application;
(f)
if the method of application was aerial spraying:
- (i)
  the name and address of the pilot who flew the aircraft used to apply the product;
- (ii)
  the type of aircraft used and the registration mark of that aircraft; and
- (iii)
  a description of the manner in which the product was applied and the equipment used to apply it;
(g)
if applicable – the expiry date of the product;
(h)
the date and time the product was used, including the times at which the use started and finished if applicable;
(i)
the address or location of the land on which the product was used, including sufficient information to identify the particular paddock or the particular part of a paddock, and the size of the area, on which the product was used;
(j)
the type of crop, pasture or other plants in the area where the product was used;
(k)
the weather conditions in the area at the time of use, including temperature and wind direction and speed, and any changes in wind direction or speed during the time of use;
(l)
the name of the pest intended to be controlled or eradicated by the use;
(m)
the withholding period;
(n)
details of the permit or authorisation authorising the use;
(o)
the additional information required under that permit or authorisation to be recorded.

12Ground spray applicator or pilot must record information

A person who carries out spraying on behalf of a ground spraying business licensee or an aerial spraying business licensee must, as soon as practicable after carrying out the spraying:

(a)
record the information prescribed by regulation 11 in respect of that spraying; and
(b)
give the record to the licensee.

Maximum penalty: 50 penalty units.

13Record of use of agricultural chemical products to be kept

(1)
This regulation applies to a person who uses an agricultural chemical product in any of the following ways:
- (a)
  in the course of a business (other than a ground spraying business or an aerial spraying business) involving the use of agricultural chemical products;
- (b)
  in the course of carrying out pest control operations on behalf of a public authority;
- (c)
  to treat turf on a sporting ground or other recreational area;
- (d)
  to treat by means of spray equipment a horticultural crop that has not been harvested;
- (e)
  to treat by any means whatsoever a horticultural crop that has been harvested;
- (f)
  to treat a crop or pasture other than a horticultural crop, or to treat trees in a plantation, by means of powered spray equipment;
- (g)
  to treat stored grain or stockfood;
- (h)
  for any other purpose by means of ground driven powered spray equipment.
(2)
A person who uses an agricultural chemical product must keep for 2 years after the use a record of the information prescribed by regulation 11.
Maximum penalty: 50 penalty units.
(3)
In this regulation:
ground driven powered spray equipment means powered spray equipment that is mounted on or attached to a vehicle.
horticultural crop means fruit, vegetables, flowers, nuts, herbs or spices intended for sale.
powered spray equipment means spray equipment that is powered other than by human energy.
public authority means:
- (a)
  the Territory; or
- (b)
  a statutory corporation; or
- (c)
  a local government council.
spray equipment means a machine or other equipment used to spray a chemical product through the air.

14Records about use of veterinary chemical products by

If a person who is not a veterinarian uses a registered veterinary chemical product to treat an animal of a food-producing species, the person must keep for 2 years after the use a record of the following:

(a)
the name of the product or the chemical name or common name of the active constituent of the product;
(b)
the dates and times the product is administered;
(c)
the amount of the dose administered;
(d)
the route by which the dose is administered;
(e)
the withholding period;
(f)
the means by which the animal can be identified.

Maximum penalty: 50 penalty units.

15Records to be signed and dated

A person who is required to keep a record under section 72 of the Act or under this Division must sign and date the record on the day on which the record is made.

Maximum penalty: 50 penalty units.

Part 3Possession and use of restricted chemical products 16Persons authorised to have possession of and use restricted chemical products

For section 48(5) of the Act:

(a)
a person specified in Schedule 2 is authorised to have possession of and use the restricted chemical product specified opposite in Schedule 2; and
(b)
the Chemicals Coordinator may authorise a person to have possession of and use a restricted chemical product.

16AApplication for authorisation

An application for a restricted chemical product authorisation must be in the approved form.

16BIssue of restricted chemical product authorisation

(1)
The Chemicals Coordinator may issue a restricted chemical product authorisation that authorises the possession and use of a particular restricted chemical product if satisfied that the applicant:
- (a)
  has a genuine and sufficient reason for having possession of and using the restricted chemical product; and
- (b)
  is competent to handle the restricted chemical product.
(2)
A restricted chemical product authorisation is subject to the conditions specified in the authorisation.
(3)
A decision under this regulation to issue, or refuse to issue, a restricted chemical product authorisation is a reviewable decision and the applicant for the authorisation is the affected person for the decision.

Part 4Possession and use of S7 chemical products (S7 authorisations) 17Application for authorisation

An application for an S7 authorisation must be in the approved form.

18Issue of S7 authorisation

(1)
The Chemicals Coordinator may issue an S7 authorisation that authorises the possession and use of a particular S7 chemical product if satisfied that the applicant:
- (a)
  has a genuine and sufficient reason for having possession of and using the S7 chemical product; and
- (b)
  is competent to handle the S7 chemical product.
(2)
An S7 authorisation is subject to the conditions specified in the authorisation.
(3)
The Chemicals Coordinator may refuse to issue an S7 authorisation if the applicant has, within the 3 years immediately before the date of the application, been found guilty of:
- (a)
  an offence against the Act or these Regulations; or
- (b)
  an offence relating to the misuse of chemicals under another law of the Territory or a law of the Commonwealth, a State or another Territory.
(4)
The Chemicals Coordinator must not issue an S7 authorisation in respect of a particular S7 chemical product if satisfied that the applicant’s possession or use of the product would pose an unacceptable risk to:
- (a)
  the health or safety of persons;
- (b)
  the environment; or
- (c)
  domestic or export trade in agricultural produce.
(5)
A decision under this regulation to issue, or refuse to issue, an S7 authorisation is a reviewable decision and the applicant for the authorisation is the affected person for the decision.

Part 5Licensing requirements for ground and aerial sprayingDivision 1Ground spraying 19Classes of ground spray applicator's licence

(1)
The Chemicals Coordinator may grant an unrestricted or a restricted ground spray applicator’s licence.
(2)
An unrestricted ground spray applicator’s licence authorises the carrying out of all classes of ground spraying.
(3)
A restricted ground spray applicator’s licence authorises the carrying out of the class of ground spraying specified in the licence.

Division 2Aerial spraying 20Application for aerial spraying business licence

An application for an aerial spraying business licence must be accompanied by evidence that the applicant holds an Air Operator’s Certificate under the Civil Aviation Act 1988 (Cth) authorising the applicant to conduct aerial agricultural operations.

21Application for pilot (chemical rating) licence

(1)
An application for a pilot (chemical rating) licence must be accompanied by the following:
- (a)
  evidence that the applicant holds a commercial or senior commercial pilot’s licence under the Civil Aviation Act 1988 (Cth) that is endorsed with an agricultural rating;
- (b)
  details of any applications for an equivalent interstate licence made by the applicant at any time, including the outcomes of those applications;
- (c)
  details of any equivalent interstate licences held by the applicant at any time, including details of any cancellations or suspensions;
- (d)
  the conditions to which the applicant proposes that the licence should be subject;
- (e)
  evidence that the applicant holds a Spraysafe Certificate issued by the Aerial Agricultural Association of Australia.
(2)
In subregulation (1):
equivalent interstate licence, in relation to a licence under Part 5, Division 2 of the Act, means a licence or other authorisation granted or issued under a law of a State or another Territory of the Commonwealth that is equivalent to the licence under that Division.

Part 6Manufacture, sale and use of fertilisersDivision 1Application and interpretation 22Fertilisers to which this Part applies

(1)
This Part applies in relation to a fertiliser that:
- (a)
  contains at least one element in at least its minimum percentage content;
- (b)
  is manufactured, or is sold, for conditioning, altering the acidity of or fertilising soil or for supplying nutrients to plants; and
- (c)
  is manufactured for sale, or is sold, in containers of 25 kilograms or more or as bulk supplies.
(2)
The substances to which this Part applies include gypsum, lime and soil conditioner.
(3)
In subregulation (2):
soil conditioner means a substance for improving soil structure by enhancing soil aggregation and permeability to air and water and by reducing crusting of dry soil.

23Substances exempt from application of this Part

(1)
This Part does not apply to any of the following substances unless the manufacturer or seller of the substance claims that it is a fertiliser:
- (a)
  composted or unprocessed animal manure;
- (b)
  material attached to, or supplying nutrients to, seed;
- (c)
  peat or peat moss;
- (d)
  pelletised or mixed animal manure, whether mixed with vegetable matter or not;
- (e)
  planting unit mixture;
- (f)
  potting mixture;
- (g)
  unprocessed biological manufacturer’s waste.
(2)
In subregulation (1):
claim includes a representation that the percentage content of an element in a substance is at least equal to the element’s minimum percentage content.

24Neutralising value of lime

The neutralising value of lime is the ability of lime to neutralise acidity compared with the ability of pure calcium carbonate to neutralise acidity and must be worked out using AOAC official method 955.01.

Division 2Labelling of fertilisers by manufacturers and sellers 25Offence

(1)
A person who manufactures fertiliser for sale in the Territory must comply with the requirements of this Part in relation to the fertiliser.
Maximum penalty: 30 penalty units.
(2)
A person who sells fertiliser in the Territory must comply with the requirements of this Part in relation to the fertiliser.
Maximum penalty: 30 penalty units.
(3)
A person does not contravene this regulation if the fertiliser is manufactured for sale, or is sold, to another person who is in the business of manufacturing fertiliser.

26Containers to be labelled

A container of fertiliser must be labelled.

27Information on labels

(1)
The label of a container of fertiliser (including a custom fertiliser mixture) must include the following information:
- (a)
  the fertiliser’s distinguishing name;
- (b)
  the name and principal place of business of its manufacturer or seller;
- (c)
  in respect of each element that is in the fertiliser in at least its minimum percentage content:
  - (i)
    the element’s name;
  - (ii)
    the percentage content of the element in the fertiliser; and
  - (iii)
    each form of the element that is in the fertiliser;
- (d)
  the additional information specified in regulation 32 if applicable.
(2)
In subregulation (1):
distinguishing name, of a fertiliser, means the name that identifies the fertiliser from another fertiliser.
principal place of business means:
- (a)
  for a fertiliser manufacturer – the manufacturer’s principal place of business in Australia; or
- (b)
  for a fertiliser seller – the seller’s principal place of business in the Territory or, if the seller does not have a principal place of business in the Territory, the seller’s principal place of business in Australia.
28Attaching labels to containers
(1)
The label of a container of fertiliser must be printed or stencilled on, or securely attached to, the outside of the container.
(2)
If it is not possible to comply with subregulation (1) because the fertiliser is a bulk fertiliser or a custom fertiliser mix, the label must be attached to the delivery docket for the fertiliser.

29Printing on labels and delivery dockets

The printing on a label of a container of fertiliser or the delivery docket for fertiliser must be:

(a)
legible;
(b)
indelible; and
(c)
in a colour that affords a distinct contrast to the background colour.

30Labels and delivery dockets to be in English

The information on the label of a container of fertiliser or the delivery docket for fertiliser must be in English and may also be in another language.

31Other requirements for delivery dockets for bulk fertiliser or custom fertiliser mix

The delivery docket for a bulk fertiliser or a custom fertiliser mix:

(a)
must be handed to the purchaser, or a person authorised by the purchaser, at the time of delivery; or
(b)
if neither the purchaser nor a person authorised by the purchaser is present at the time of delivery – must be left in a conspicuous place on the purchaser’s premises and a copy of the docket must be posted to the purchaser within 7 days after the delivery.

32Additional information: phosphatic fertiliser

(1)
The label on a container of phosphatic fertiliser must include a warning that the fertiliser must not be fed to stock if it contains more than:
- (a)
  40 grams of fluorine per kilogram of phosphorus; or
- (b)
  100 milligrams of cadmium per kilogram of phosphorus.
(2)
In subregulation (1):
stock means vertebrate animals, bees, crustaceans or molluscs.

Part 7Harmful ingredients in fertilisers 33Harmful ingredients

The following are harmful ingredients in fertilisers:

(a)
cadmium;
(b)
lead;
(c)
mercury.

34Maximum amounts of harmful ingredients in fertilisers

(1)
The maximum amount of cadmium a fertiliser may contain is:
- (a)
  if it is phosphatic fertiliser – 300 milligrams per kilogram of phosphorus;
- (b)
  if it is nonphosphatic fertiliser other than trace element fertiliser – 10 milligrams per kilogram of total product; or
- (c)
  if it is a trace element fertiliser – 50 milligrams per kilogram of total product.
(2)
The maximum amount of lead a fertiliser may contain is:
- (a)
  if it is a fertiliser other than lime or gypsum, a fertiliser containing at least 25% organic matter, a fertiliser with added zinc for soil or a trace element fertiliser – 100 milligrams per kilogram of total product;
- (b)
  if it is lime or gypsum – 30 milligrams per kilogram of total product;
- (c)
  if it is a fertiliser containing at least 25% organic matter – 300 milligrams per kilogram of total product;
- (d)
  if it is a fertiliser with added zinc for soil – 500 milligrams per kilogram of total product; or
- (e)
  if it is trace element fertiliser for:
  - (i)
    foliar application only – 500 milligrams per kilogram of total product;
  - (ii)
    foliar or direct soil application – 500 milligrams per kilogram of total product; or
  - (iii)
    direct soil application only – 2 000 milligrams per kilogram of total product.
(3)
The maximum amount of mercury a fertiliser may contain is 5 milligrams per kilogram of total product.
(4)
In this regulation:
fertiliser with added zinc for soil means a fertiliser for direct soil application containing at least 5% added zinc but does not include a trace element fertiliser.
trace element means boron, cobalt, copper, iron, manganese, molybdenum, selenium or zinc.
trace element fertiliser means a fertiliser for direct soil application or foliar application in which the only elements in at least their minimum percentage contents are trace elements.

Part 8Standards for agricultural produce 35Chemical residues in agricultural produce

(1)
A chemical residue in agricultural produce is a substance that is present in or on the produce as a result of:
- (a)
  the direct or indirect use of a chemical product in relation to the produce; or
- (b)
  contact between a chemical product and the produce.
(2)
In this regulation:
environmental contaminant means a substance the source of which is environmental and not the direct or indirect use of a chemical product.
substance includes an active constituent of a chemical product, a metabolite produced as a result of the direct or indirect use of a chemical product, and an environmental contaminant.

36Maximum residue limits

(1)
The maximum residue limits for a chemical product, or a substance associated with a chemical product, in agricultural produce intended or normally used for human consumption are the maximum residue limits set out in Table 1 of the MRL Standard.
(2)
The maximum residue limits for a chemical product, or a substance associated with a chemical product, in agricultural produce intended or normally used for animal consumption are the maximum residue limits set out in Table 4 of the MRL Standard.
(3)
The maximum residue limits for a chemical product, or a substance associated with a chemical product, in agricultural produce intended or normally used for both human and animal consumption are the maximum residue limits set out in Table 1 of the MRL Standard.

37Exceeding maximum residue limits

(1)
A chemical residue in agricultural produce exceeds the maximum residue limit if the chemical residue in the produce exceeds the maximum residue limit prescribed by regulation 36.
(2)
If no maximum residue limit is prescribed by regulation 36 for a chemical residue in agricultural produce, the chemical residue must not be present in the produce.
(3)
For subregulation (1), a chemical residue must be worked out in accordance with regulation 38.

38Requirements for working out chemical residues

A chemical residue must be worked out in accordance with the following:

(a)
the portion of the agricultural produce that must be sampled and analysed is the portion set out in Table 1 of the MRL Standard;
(b)
the sampling method must be in accordance with the Codex Alimentarius, Volume 2A, Codex Standards for Pesticides in Foods, Section 1, Recommended Methods of Sampling for the Determination of Pesticide Residues for Compliance with MRL’s, as amended from time to time;
(c)
the results of the analysis are to be rounded in accordance with AS 2706-1984, Australian Standard for Numerical Values – Rounding and Interpretation of Limiting Values, as amended from time to time, to take into account the number of significant figures in the maximum residue limit;
(d)
if practicable, the analysis must be carried out by a laboratory that has a relevant accreditation from the National Association of Testing Authorities Australia.

Part 9Infringement notices 39When infringement notice may be served

If a chemical adviser believes a person has committed an offence against a provision of the Act or these Regulations specified in Schedule 3, column 1, the chemical adviser may serve an infringement notice on the person.

40Prescribed amount

The prescribed amount that may be paid, instead of the penalty that may otherwise be imposed for an offence specified in Schedule 3, column 1 is the amount specified opposite in column 2.

41Contents of infringement notice

(1)
An infringement notice must include the following particulars:
- (a)
  the name and address of the alleged offender, if known;
- (b)
  the date of the infringement notice;
- (c)
  the date, time and place of the offence;
- (d)
  the nature of the offence and the prescribed amount payable in respect of that offence;
- (e)
  the enforcement agency, within the meaning of the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable.
(2)
An infringement notice must contain the following statements:
- (a)
  a statement to the effect that:
  - (i)
    the alleged offender may expiate the offence and avoid enforcement action under the Fines and Penalties (Recovery) Act 2001 if he or she pays the prescribed amount to the enforcement agency specified in the infringement notice within 28 days of service of the infringement notice; and
  - (ii)
    if the alleged offender pays the prescribed amount within the period specified in the infringement notice, the enforcement agency will take no further action in relation to the offence;
- (b)
  a statement to the effect that if the alleged offender does not pay the prescribed amount within the period specified in the infringement notice and does not serve on the enforcement agency specified in the infringement notice a statement of election to have the matter dealt with by a court (as contained in the infringement notice), unless the infringement notice is withdrawn:
  - (i)
    the Fines and Penalties (Recovery) Act 2001 will apply and the alleged offender may be served with a courtesy letter in accordance with that Act requiring payment of the prescribed amount together with the costs in respect of the issue of that letter; and
  - (ii)
    if the alleged offender does not make the payment as required by a courtesy letter, enforcement action may be taken against him or her under the Fines and Penalties (Recovery) Act 2001 which, after due process, may result in the suspension of the alleged offender’s licence to drive, the seizure of property, the deduction of wages or salary, the registration of a statutory charge on land, a community work order or imprisonment if a community work order is breached;
- (c)
  a statement to the effect that the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under the Fines and Penalties (Recovery) Act 2001 by completing a statement of election (as contained in the infringement notice) and serving it on the enforcement agency specified in the infringement notice;
- (d)
  a statement of election, for completion by the alleged offender if he or she elects to have the matter dealt with by a court, that includes the information required by regulation 7(1) of the Fines and Penalties (Recovery) Regulations 2001.
42Expiation of offence
(1)
If an alleged offender pays the prescribed amount specified in an infringement notice in accordance with the notice, the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of the offence.
(2)
If an alleged offender tenders a cheque in payment of a prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on presentation.

43Withdrawal of infringement notice

An infringement notice may be withdrawn at any time within 28 days after it is served, but before payment of the prescribed amount specified in the infringement notice, by serving on the alleged offender a notice:

(a)
signed by the Chemicals Coordinator; and
(b)
stating that the infringement notice is withdrawn.

44How service effected

Service of an infringement notice or a notice of withdrawal of an infringement notice is effected:

(a)
by serving it personally on the alleged offender;
(b)
by posting it to the alleged offender at his or her last known address; or
(c)
by leaving it for the alleged offender at his or her last known place of residence or business with a person apparently resident or employed there and apparently not less than 16 years of age.

45Additional matters

This Part:

(a)
does not prevent more than one infringement notice for the same offence being served on an alleged offender, but it is sufficient for the application of regulation 42 to an alleged offender on whom more than one infringement notice has been served for the alleged offender to pay the prescribed amount in accordance with any one of those notices;
(b)
does not limit the penalty that may be imposed by a court for an offence; and
(c)
does not require an infringement notice to be served and does not affect the liability of a person to be prosecuted in a court for an offence in respect of which an infringement notice has not been served.

Part 10Administrative matters 46Information published in the

If the Chemicals Coordinator publishes information in the Gazette, the information must be made available for inspection by the public at a place specified in the Gazette notice.

Schedule 1Minimum percentage contents of elements in fertilisers

regulation 3

Column 1 Element	Column 2 Minimum percentage content in solid fertiliser (% w/w)	Column 3 Minimum percentage content in liquid fertiliser (% w/v)
Boron	0.005	0.005
Calcium	0.5	0.1
Cobalt	0.001	0.001
Copper	0.005	0.005
Iron	0.01	0.005
Magnesium	0.5	0.1
Manganese	0.01	0.005
Molybdenum	0.001	0.001
Nitrogen – in the form of ammonium, nitrate, organic, urea or other form – total nitrogen	0.2 0.5	0.1
Phosphorus – citrate or water soluble – citrate insoluble – total phosphorus	0.2 0.1 0.5	0.1
Potassium – in the form of chloride, nitrate, organic, sulphate or other form – total phosphorus	0.2 0.5	0.1
Selenium	0.001	0.001
Sulfur	0.5	0.1
Zinc	0.005	0.005

Schedule 2Persons authorised to have possession of and use restricted chemical product

regulation 16

A restricted chemical product containing bifenthrin or chlorpyrifos	The holder of an authority under the Medicines, Poisons and Therapeutic Goods Act 2012 to possess and use the product
A restricted chemical product containing sodium monofluoroacetate (1080)	A person who is authorised under an S7 authorisation to have possession of and use the product.
A restricted chemical product containing endosulfan	A person who is authorised under an S7 authorisation to have possession of and use the product

Schedule 3Infringement notices prescribed offences and amounts

regulations 39 and 40

Column 1 Offence Provision	Column 2 Prescribed Amount
Part A – Offences against Act
Sections 17, 19, 21, 42, 46, 47 and 72 – if the alleged offender is a natural person – if the alleged offender is a body corporate	1 penalty unit 5 penalty units
Sections 22 and 25 – if the alleged offender is a natural person – if the alleged offender is a body corporate	2 penalty units 10 penalty units
Sections 23, 26 and 39 – if the alleged offender is a natural person – if the alleged offender is a body corporate	4 penalty units 20 penalty units
Sections 27, 33, 34 and 35	2 penalty units
Sections 28, 29, 30 and 31	4 penalty units
Sections 38, 48, 49, 50, 53, 54 and 55 – if the alleged offender is a natural person – if the alleged offender is a body corporate	5 penalty units 25 penalty units
Sections 40 and 43	5 penalty units
Sections 41, 44, 45 and 51	1 penalty unit
Part B – Offences against Regulations
Regulations 7, 12, 13, 14, 15 and 25	2 penalty units

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Agricultural and Veterinary Chemicals (Control of Use) Regulations (SL No. 22, 2005)
Notified	31 May 2005
Commenced	r 6: nc (rep by SL No. 20, 2008 before commencement); rem: 31 May 2005
Agricultural and Veterinary Chemicals (Control of Use) Amendment Regulations2008 (SL No. 20, 2008)
Notified	30 July 2008
Commenced	30 July 2008
Medicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012)
Assent date	27 April 2012
Commenced	1 May 2014 (Gaz S22, 30 April 2014, p 12)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date	2 June 2014
Commenced	s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2)
Jabiru Town Development Repeal Act 2021 (Act No. 29, 2021)
Assent date	15 December 2021
Commenced	16 December 2021 (s 2)

3
GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 13 and 41 and sch 2

4
LIST OF AMENDMENTS

r 3 amd No. 20, 2008, r 3

pt 2

div 1 hdg sub No. 20, 2008, r 4

r 6 rep No. 20, 2008, r 5

r 7 amd No. 20, 2008, r 16

rr 8 – 9 sub No. 20, 2008, r 6

r 10 amd No. 20, 2008, r 16

r 11 amd No. 20, 2008, r 7

r 12 amd No. 20, 2008, r 16

r 13 amd No. 20, 2008, rr 8 and 16; Act No. 19, 2014, s 26; Act No. 29, 2021, s 10

rr 14 – 15 amd No. 20, 2008, r 16

r 16 sub No. 20, 2008, r 9

rr 16A – 16B ins No. 20, 2008, r 9

r 18 amd No. 20, 2008, r 10

r 20 sub No. 20, 2008, r 11

r 21 amd No. 20, 2008, r 12

r 25 amd No. 20, 2008, r 16

pt 10 hdg ins No. 20, 2008, r 13

r 46 ins No. 20, 2008, r 13

sch 2 amd No. 20, 2008, r 14; Act No. 13, 2012, s 304

sch 3 amd No. 20, 2008, r 15

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Citations

Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 (NT)

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