Biosecurity and Agriculture Management (Aerial Application) Regulations 2018 (WA)
Western Australia
Biosecurity and Agriculture Management Act 2007
Western Australia
Biosecurity and Agriculture Management Act 2007
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the
Gazette ;(b) the rest of the regulations — on the day on which the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 Part 2 Division 3 comes into operation.
In these regulations —
(a) means an agricultural chemical product as defined in the Agvet Code of Western Australia; but
(b) does not include —
(i) a meat bait product registered under Part 2 of the Agvet Code of Western Australia containing sodium fluoroacetate (1080); or
(ii) a chemical product specified under regulation 4;
(a) a micro RPA;
(b) a very small RPA;
(c) a small RPA;
(d) a medium RPA.
(1) The Director General may, by notice published in the
Gazette , specify that a chemical product of a particular kind is not a controlled chemical product.(2) A notice published under subregulation (1) may be amended or revoked by a subsequent notice published in the
Gazette .
(1A) In this regulation —
(a) an NVR registered training organisation as defined in the
National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3; or(b) a registered training provider as defined in the
Vocational Education and Training Act 1996 section 5(1); or(c) a registered education and training organisation as defined in the
Education and Training Reform Act 2006 (Victoria) section 1.1.3(1).(1) For the purposes of section 56(1) of the Act, a person who applies a controlled chemical product from an aircraft must —
(a) have a certificate or other document issued as evidence of successful completion of the Spraysafe Pilot Accreditation conducted by Aerial Application Association of Australia Ltd (ACN 002 501 886); or
(b) have successfully completed the training required to obtain a technician’s licence under the
Health (Pesticides) Regulations 2011 regulation 38 endorsed to allow the licensee to undertake pest control in crops and pastures; or(c) be of a class of persons authorised under regulation 6(1); or
(d) if the aircraft is a micro to medium weight RPA operated in accordance with subregulation (2) — have the qualification set out in subregulation (3).
(2) For the purposes of subregulation (1)(d), a micro to medium weight RPA (the
RPA ) is operated in accordance with this subregulation if —(a) the operator of the RPA —
(i) operates only that RPA during the operation; and
(ii) is the owner of the RPA or operates the RPA on behalf of the owner of the RPA; and
(iii) operates the RPA over land owned or occupied by the owner of the RPA;
and
(b) the following persons receive no remuneration as a direct result of the operation of the RPA —
(i) the owner of the RPA;
(ii) the operator of the RPA;
(iii) the owner of the land over which the RPA is operated;
(iv) the occupier (if any) of the land over which the RPA is operated.
(3) For the purposes of subregulation (1)(d), the qualification is a valid statement of attainment issued by an approved training organisation for —
(a) a unit of competency in preparing and applying chemicals known as —
(i) “AHCCHM303 Prepare and apply chemicals”; or
(ii) “AHCCHM307 Prepare and apply chemicals to control pest, weeds and diseases”;
and
(b) a unit of competency in transporting and storing chemicals known as “AHCCHM304 Transport and store chemicals”.
(1) If the Director General is satisfied that a class of persons is qualified to apply a controlled chemical product from an aircraft, the Director General may issue an authorisation for that class of persons.
(2) An authorisation issued under subregulation (1) —
(a) must be published in the
Gazette ; and(b) may be amended or revoked by a subsequent notice published in the
Gazette .
7. Person responsible to have record of application of controlled chemical product (1) If a controlled chemical product is applied from an aircraft, the person responsible for applying the product from the aircraft must —
(a) ensure that a record containing the information set out in subregulation (2) is made no later than 48 hours after the product was applied on the land; and
(b) keep the record until the end of the period of 3 years beginning on the day on which the product was applied on the land.
Penalty for this subregulation: a fine of $20 000.
(2) For the purposes of subregulation (1), the information is as follows —
(a) the date and time the controlled chemical product was applied;
(b) the name and residential address of the person who applied the product on the land;
(c) the name and address of an owner or occupier of the land on which the product was applied;
(d) the total area of the land on which the product was applied;
(e) the exact location of the land on which the product was applied, described in sufficient detail to enable that location to be readily identified;
(f) the estimated velocity and the direction of the wind at the time the product was applied;
(g) the product that was applied;
(h) the quantity and concentration of the product that was applied per hectare;
(i) the equipment used to apply the product;
(j) the type of crop on the land on which the product was applied.
(3) For the purposes of subregulation (1), the person responsible for applying the controlled chemical product from the aircraft is —
(a) if the person who applies the product from the aircraft is acting as an employee of another person (the
employer ) who is conducting a business of applying chemical products — the employer; or(b) if the person who applies the product from the aircraft is acting, otherwise than as an employee, for or on behalf of another person (the
principal ) who is conducting a business of applying chemical products — the principal; or(c) otherwise — the person who applies the product from the aircraft.
(1) In this regulation —
(2) During the transitional period, a person is taken to hold a prescribed qualification to apply a controlled chemical product from an aircraft for the purposes of section 56(1) of the Act if the person —
(a) held a certificate immediately before commencement day; and
(b) is complying with the conditions (if any) attached to that certificate.
This is a compilation of the
28 Dec 2018 p. 4880‑3 | r. 1 and 2: 28 Dec 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Dec 2018 (see r. 2(b) and | |
SL 2021/216 17 Dec 2021 | r. 1 and 2: 17 Dec 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Dec 2021 (see r. 2(b)) | |
SL 2024/150 10 Jul 2024 | 11 Jul 2024 (see r. 2(b)) |
aircraft................................................................................................................................ 3
apply................................................................................................................................... 3
approved training organisation.............................................................................. 5(1A)
certificate...................................................................................................................... 8(1)
commencement day.................................................................................................... 8(1)
controlled chemical product........................................................................................... 3
employer....................................................................................................................... 7(3)
micro to medium weight RPA....................................................................................... 3
principal........................................................................................................................ 7(3)
RPA............................................................................................................................... 5(2)
transitional period....................................................................................................... 8(1)
0
0
0