Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979 (WA)
Western Australia
Western Australia
CONTENTS
1 . Short title 1
2 . Interpretation 1
3 . Prescribed areas 1
4 . Spraying of acids 2
5 . Storage of esters of acids 3
6 . Restrictions as to vehicles and equipment 4
7 . Applications to Director 4
Compilationtable 7
Western Australia
Agriculture and Related Resources Protection Act 1976
These regulations may be cited as the
In these regulations, unless the contrary intention appears —
The following areas are prescribed areas for the purposes of these regulations —
(a) any area within 5 kilometres of a place where tomatoes or grapevines are being grown for commercial purposes;
(b) any area being more than 5 kilometres but not more than 10 kilometres from a place where tomatoes or grapevines are being grown for commercial purposes;
(c) the area within an imaginary circle having a radius of 19 kilometres with the Geraldton Post Office as its centre;
[(d) deleted] (e) the area within an imaginary circle having a radius of 50 kilometres with the Geraldton Post Office as its centre but outside an imaginary circle having a radius of 19 kilometres with the Geraldton Post Office as its centre;
(f) an area within 10 kilometres of a place where irrigated agricultural or horticultural crops are being grown for commercial purposes which is situated within 50 kilometres of the Kununurra Post Office;
(g) an area more than 10 kilometres but not more than 50 kilometres from a place where irrigated agricultural or horticultural crops are being grown for commercial purposes which is situated within 50 kilometres of the Kununurra Post Office;
(h) all the land bounded by lines starting from the junction of Ida Street and Anzac Terrace in the town of Bassendean extending east to the southeast corner of Swan location 3218; then north to the southeast corner of Swan location 1339; then west to the northwest corner of Swan location 277; then south to the starting point.
(1) A person shall not, within the prescribed areas described in regulation 3(a), (c), (f) or (h), spray —
(a) an ester of an acid; or
(b) unless he has the prior written approval of the Director, a chemical containing an acid.
(2) A person shall not, within the prescribed areas described in regulation 3(b), (e) or (g), spray an ester of an acid unless the ester is a low volatile kind approved by the Director and notified in the
Government Gazette .(3) A person who contravenes subregulation (1) or (2) commits an offence and is liable to a penalty of $500.
(1) A person shall not, within the prescribed areas described in regulation 3(c), (e), (f) or (g), store an ester of an acid unless —
(a) the ester is a low volatile kind approved by the Director and notified in the
Government Gazette ; or(b) except in the case of the prescribed area described in regulation 3(c), he has obtained the prior written approval of the Director.
(2) An inspector who finds an acid stored in contravention of subregulation (1) shall forthwith —
(a) seize and remove the acid from the prescribed area concerned; or
(b) direct the owner or occupier of the land on which the acid is stored, or his agent, to remove the acid from the prescribed area concerned forthwith,
and a person who is given a direction under paragraph (b) shall comply with it.
(3) Before exercising the powers under subregulation (2), an inspector shall —
(a) take 2 samples of the acid and identify each with a mark; and
(b) give a sample each to —
(i) a person referred to in subregulation (2)(b); and
(ii) a laboratory approved by the Director General of Agriculture, for analysis of the sample.
(4) An inspector who has acted under subregulation (3) shall, as soon as he receives the written results of the analysis, give or cause to be given a copy of those results to a person referred to in subregulation (2)(b).
(5) A person who contravenes subregulation (1), (2), (3) or (4) commits an offence and is liable to a penalty of $500.
A person shall not, within a prescribed area described in regulation 3(c), (f) or (h), park, stand, store or move a vehicle or any equipment —
(a) that is carrying an open container that contains or has contained an ester of an acid; or
(b) that is contaminated by an ester of an acid,
unless the ester is a low volatile kind approved by the Director and notified in the
Penalty: $500.
An application for an approval under regulation 4(1)(b) or 5(1)(b) shall be in writing and shall contain —
(a) in the case of an application under regulation 4(1)(b), particulars of —
(i) the approximate area to be sprayed;
(ii) the location of the area to be sprayed;
(iii) the acid and the form of the acid to be used;
(iv) the method of spraying and the equipment to be used; and
(v) the proposed date of spraying;
and
(b) in the case of an application under regulation 5(1)(b), particulars of —
(i) the location of the storage area; and
(ii) the kind of ester of acid to be stored.
[Reg. 2]
(1) MCPA
(2) MCPB
(3) 2,4‑D
(4) 2,4‑DB
(5) 2, 4, 5‑T
(6) Dicamba
(7) Picloram
4 May 1979 p. 1171‑2 | 4 May 1979 | |
10 Apr 1981 p. 1260‑1 | 10 Apr 1981 | |
16 Apr 1982 p. 1316 | 16 Apr 1982 | |
28 Nov 1986 p. 4415 | 28 Nov 1986 | |
1 Sep 1989 p. 3074‑5 | 1 Sep 1989 | |
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