Controlled Substances (Pesticides) (Licensing Authority) Amendment Regulations 2024 (SA)

South Australia

Controlled Substances (Pesticides) (Licensing Authority) Amendment Regulations 2024

under the Controlled Substances Act 1984

Part 1Preliminary1Short title

These regulations may be cited as the Controlled Substances (Pesticides) (Licensing Authority) Amendment Regulations 2024.

2Commencement

These regulations come into operation on the day on which they are made.

Part 2Amendment of Controlled Substances (Pesticides) Regulations 20173Amendment of regulation 3 – Interpretation

Regulation 3(1), definition of licensing authority—delete the definition

4Amendment of regulation 4 – Meaning of supervision

Regulation 4(2)—delete "licensing authority" wherever occurring and substitute in each case:

Minister

5Amendment of regulation 8 – Pest controller's licence

Regulation 8(1)—delete "licensing authority" and substitute:

Minister

6Amendment of regulation 9 – Pest management technician's licence

Regulation 9—delete "licensing authority" wherever occurring and substitute in each case:

Minister

7Amendment of regulation 10 – Conditions of licence

Regulation 10(1)(b)—delete "licensing authority" and substitute:

Minister

8Amendment of regulation 11 – Term and renewal of licence

Regulation 11—delete "licensing authority" wherever occurring and substitute in each case:

Minister

9Amendment of regulation 12 – Exemptions

Regulation 12—delete "licensing authority" wherever occurring and substitute in each case:

Minister

10Amendment of regulation 13 – Variation of licence

Regulation 13—delete "licensing authority" wherever occurring and substitute in each case:

Minister

11Amendment of regulation 14 – Suspension or cancellation of licence

Regulation 14—delete "licensing authority" and substitute:

Minister

12Amendment of regulation 15 – Right of review

1. (1)

   Regulation 15—delete "licensing authority" wherever occurring and substitute in each case:

   Minister

2. (2)

   Regulation 15(3)—delete "licensing authority's" and substitute:

   Minister's

13Amendment of regulation 16 – Storage of pesticides

Regulation 16(2), definition of prescribed container, (b)—delete "licensing authority" and substitute:

Minister

14Amendment of regulation 17 – Transport of pesticides

Regulation 17(2)(b)(i)—delete "licensing authority" and substitute:

Minister

15Amendment of regulation 20 – Reporting of certain spillages of pesticide

Regulation 20—delete "licensing authority" and substitute:

Minister

16Amendment of regulation 21 – Records to be kept by pest controllers

1. (1)

   Regulation 21(2)—delete "licensing authority" and substitute:

   Minister

2. (2)

   Regulation 21(6)—delete "licensing authority" wherever occurring and substitute in each case:

   Minister

17Amendment of regulation 22 – Duty of holder of pest controller's licence to notify change of business name or address

Regulation 22—delete "licensing authority" and substitute:

Minister

18Amendment of regulation 23 – Duty of holder of limited pest management technician's licence to notify change or cessation of employment

Regulation 23—delete "licensing authority" and substitute:

Minister

19Amendment of regulation 24 – Applications

Regulation 24—delete "licensing authority" wherever occurring and substitute in each case:

Minister

Schedule 1—Transitional and savings provisions

1—Transitional and savings provisions

1. (1)

   A licence in force under the Controlled Substances (Pesticides) Regulations 2017 immediately before the commencement of these regulations, and any condition applying in relation to such a licence, will, after that commencement, be taken to be a licence granted or condition imposed (as the case requires) by the Minister.

2. (2)

   An application made to the licensing authority under a provision of the Controlled Substances (Pesticides) Regulations 2017, but not finally determined before the commencement of these regulations, will, after that commencement, be taken to be an application made to the Minister under the provision as amended by these regulations.

3. (3)

   An exemption granted by the licensing authority under regulation 12 of the Controlled Substances (Pesticides) Regulations 2017 and in force immediately before the commencement of these regulations will, after that commencement, be taken to be an exemption granted by the Minister under that regulation.

4. (4)

   A manner of contact that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 4(2) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a manner of contact approved by the Minister for the purposes of regulation 4(2) of the Controlled Substances (Pesticides) Regulations 2017.

5. (5)

   A course of instruction or training that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 9(3)(a) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a course of instruction or training approved by the Minister for the purposes of regulation 9(3)(a) of the Controlled Substances (Pesticides) Regulations 2017.

6. (6)

   A manner of cleaning and decontaminating that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 9(4)(e) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a manner of cleaning and decontaminating approved by the Minister for the purposes of regulation 9(4)(e) of the Controlled Substances (Pesticides) Regulations 2017.

7. (7)

   A container of a kind that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 16 of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a container of a kind approved by the Minister for the purposes of regulation 16 of the Controlled Substances (Pesticides) Regulations 2017.

8. (8)

   A warning that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 17(2)(b)(i) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a warning approved by the Minister for the purposes of regulation 17(2)(b)(i) of the Controlled Substances (Pesticides) Regulations 2017.

9. (9)

   A manner and form approved by the licensing authority for the purposes of regulation 24(1)(a) of the Controlled Substances (Pesticides) Regulations 2017 before the commencement of these regulations will, after that commencement, be taken to be a manner and form approved by the Minister for the purposes of regulation 24(1)(a) of the Controlled Substances (Pesticides) Regulations 2017.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

after consultation by the Minister with the Controlled Substances Advisory Council and with the advice and consent of the Executive Council

on 18 July 2024

No 70 of 2024