Health (Pesticides) Amendment Regulations (No. 3) 1995 (WA)
30 June 19951 GOVERNMENT GAZETTE, WA 2719 HEALTH ACT 1911
HEALTH (PESTICIDES) AMENDMENT REGULATIONS (NO. 3) 1995 Made by His Excellency the Governor in Executive Council on the advice of the Pesticides Advisory Committee.
Citation
1. These re lations may be cited as the Health (Pesticides) Amendment
Rt@ations & 3) 1995. . . Principal regulations
2. In these regulations the Health (Pesticides) Regulations 1956* are referred to as the principal regulations. [* Reprinted as at 3 April 1989.
For amendments to 23 June 1995 see 1994 Index to Legislation of Western Australia, Table 4, pp. 131-2, and Gazette of 21 April 1995. l
Regulation 2 amended
3. Regulation 2 of the principal regulations is amended -
(a) by deleting the definitions of "pesticide", "registered", "to sell" and "wholesale dealer"; and
(b) following de initions - by insert in^ in the appropriate alphabetical positions the 'C "approved labeln, in relation to a container, means
a label that is -
(a) a proved under Part 2 of the Agvet Code and o P Western Australia for the container;
(b)
attached to the container in accordance with section 8 of the Agvet Code of Western Australia;
repeal e r "container" includes anything by which or in which
a registered pestic~de is, or is to be, covered, enclosed, contained or packaged;
'Cregistered esticiden means a pesticide re
under !art 2 of the Agvet Code of $;:$g Australia;
"substancen has the same meanin a s i t has in section 3 of the Agvet c a f e of Western
Australia;
"supplf' has the same meaning as it has in section 3 o the Agvet Code of Western Australia;
Regulations 4,5,6A, 6B, 7,8,9 and 9A repealed
4. Re lations 4, 5, 6A, 6B, 7, 8, 9 and 9A of the principal regulations are
| 2720 | GOVERNMENT GAZETTE, WA | [30 | June 1995 |
Regula t ion 10 repealed a n d a regulation subs t i tu ted 5. Regulation 10 of the principal regulations is repealed and the fdowing
regulation is substituted -
Permission r e q u i r e d t o possess or use ce r t a in registered pest icides 10. (1) Subject to subreylat ion (2), a person shall not - (a) except for the purpose of supply, possess a registered
pest~cide; or - (b) use a registered pesticide, that contains any substance listed in Schedule B.
possesses or uses a registered pesticide tha t contains any such (2) Subregulation (1) does not apply to a person who
substance with the written permission of the Executive Director, Public Health, and in accordance with any conditions on which the permission is granted.
n
Regula t ion 11A a m e n d e d
6. Regulation 11A of the principal regulations is amended by deleting
"manufactures, or is claimed to manufacture, a pesticide" and substituting the
following -
" 3, dispenses, or is claimed to dispense, a registered pesticide
Regula t ion 15 a m e n d e d
7. Regulation 15 of the principal regulations is amended -
(a)
by inserting after the regulation designation "15." the subregulation designation "(l)"; and
(b) by inserting the following subregulations -
supply, store a registered pest~cide unless i t i s in a (2) No person shall, except for the purpose of conta~ner of a kind -
(a)
referred to in the conditions on which registration of the pesticide was granted; or
0 p, rescribed in the A y e t Regulations of estern Australia. (3) In subreylat ion (2) - "Agvet Re ula t ions of Western Australia"
has t e same meaning a s it has in the f ricultural and Veteriruzry Chemicals
% estern Australia) Act 1995. n
30 June 19951 GOVERNMENT GAZETTE, WA 2721 Regulations 18 a n d 19 repealed and a regulation substi tuted
8. Regulations 18 and 19 of the principal regulations are repealed and the
following regulation is substituted -
U
Certa in pesticides prohibited
19. (1) Subject to subregulation (21, a person shall not - (a) a pesticide; or except for the purpose of supply, possess or transport (b) use a pesticide,
.-
unless i t is a re 'stered pesticide in a container of a kind mentioned in re$ation 15 (2) that has an approved label in respect of the regstered pesticide.
( 2 ) Subregulation (1) does not appl to a person who permission of the Executive Director, Public Health, and in possesses, transports or uses a pestici d' e with the written accordance with any conditions on which the permission is
granted. ss
Regulation 20A amended
9. Re lation 20A (2) of the princi a1 re lations is amended by deleting
"pesticiZ specified" and substituting t K P e fol owing -
registered pesticide specified "
Regulation 20C amended
10. Regulation 20C of the principal regulations is amended -
by deleting "label registered in respect of" and substituting the
(a) following - " approved label for containers of "; (b) by deleting the full stop a t the end of paragraph ( e ) and substitutmg a comma; and (C) by inserting after paragraph (e) the following -
or in accordance with a ermit issued under
section 114 of the Agvet Code o Western Australia. P n
Regulation 20E amended
11. Regulation 20E (b) of the principal regulations is amended by inserting
after "registered" the following -
" n under Part 2 of the A y e t Code of Western Australia to be used
Regulation 21F amended
12. Re lation 21F (1) of the principal regulations is amended by deleting psragrapr(a) and substituting the following paragraphs -
(a)
by being used in accordance with the approved label for containers of the pesticide;
(ad with the written permission of the Executive Director, Public Health and in accordance with any conditions on which the permission is granted;
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(ab) in accordance with a permit issued under section 114 of the
Agvet Code of Western Australia; n
Division 1 of Part II repealed
13. Division 1 of Part I1 of the principal regulations is repealed.
Regulation . . 29 amended 14. Regulation 29 of the principal regulations is amended -
in subregulation (2), by deleting "preparation" and substituting
the following -
" pesticide ' 9 . , in subregulation (41, by deletin "sodium fluoroacetate or
preparations" and substituting the fo lowing - 5
" registered pesticides Sr. 2 in subregulation (5) -
(i) by deleting "Any preparation7' and substituting the following -
" Subject to subregulation (6), any pesticide "; and (ii)
by de le t in~ "registered as a esticide under these
regulations and substituting the fol owing - P
" a registered pesticide "; in subregulation (6) -
(i) by deleting "preparations7' and substituting the following -
" a pesticide "; and (ii) by deleting "not registered as a" and substituting the following -
" that is not a registered ";
in subregulation (71, by deletin "Sodium fluoroacetate and preparations" and substituting the ollowing - 4
" A registered pesticide ";
where it occurs and substituting in each case the following - in subregulation (81, by ,deleting "preparation" in the 3 places
" registered pesticide "; and in subregulation (9) -
(i) by deleting "preparation" in the first place where it occurs
and substituting the following -
" registered pesticide "; and in r g r a p h (a), by deleting 'label on or attached ta the
(ii) pac age containing that preparation" and substituting the
ollowng -
U
approved label attached to the container of the
registered pesticide n
30 June 19951 GOVERNMENT GAZETTE, WA 2723 Regulation 29A amended
15. Regulation 29A of the principal regulations is amended -
(a) in subregulation (l.), by deleting "preparation" and substituting the following -
" pesticide "; and
(b) in subregulation (21, by deleting "preparations" and substituting the following -
71
" registered pesticides
Ggulation 30 amended
16. Regulation 30 of the principal regulations is amended by deleting
"preparationn and substituting the following -
" registered pesticide ". Regulation 31 amended
17. Regulation 31 of the principal re y la t ions is amended -
(a)
in subregulation ( l ) , by deleting "Baits" and substituting the following -
77. 7
" Pesticide baits
(b) by inserting before "baits" in each place where i t occurs the following -
" pesticide "; and (C) by inserting before "bait" in both places where it occurs the
following -
12
" pesticide Regulation 32 amended
18. Regulation 32 (1) of the principal regulations is amended in the
definition of "fumigant" by inserting after "means" the following -
" a registered pesticide that contains ".
Regulation 54 amended 20. Regulation 54 of the principal regulations is amended by deleting the
definition of "prescribed organochlorine" and substituting the following
definition -
U
Yprescribed or anochlorine" means a registered pesticide that
contains c f lordane or heptachlor.
Regulation 61A repealed
21. Regulation 61A of the principal regulations is repealed.
Regulation 62 amended
22. Re lation 62 of the principal regulations is amended in paragraph (a)
of the de F mition of "commercial pesticide firm" by inserting before "pesticides" the following -
3,
'' registered
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Regulation 63 amended
23. Regulation 63 (1) of the princi a1 regulations is amended by deleting
"use of pesticides" where it occurs aRer paragraph (c) and substituting the
following -
" use of registered pesticides ". Regulation 69 amended
24. Reylation 69 of the principal regulations is amended -
(a2 in subreplation (5) (b), by deleting "the pesticidesn and substituting the following -
" the registered pesticides "; and
(b) in subregulation (7) -
(i)
in paragraph (a), by deleting "any pesticide" and substitutmg the following -
" any registered pesticide "; and (ii) in paragraph (b), by deleting "any pesticide" and substitutmg the following -
9,
" any registered pesticide
Regulation 70 amended
25. Regulation 70 of the principal regulations is amended -
(a) pesticides" and substituting the fogrowing - in subregulation (1) before para aph (a), by deleting "use of
" use of registered pesticides "; (b) in subreplation (l) .(e), by deleting "use of pesticides" and substituting the following -
" use of registered pesticides ";
(C) in subregulation (1) (g), by deleting 'pesticides" and substituting
the following -
" registered pesticides "; (d) in subregulation (2) before para aph (a), by deleting "'use of
pesticides" and substituting the fo fr owing -
" use of registered pesticides "; (e)
in subreplation (2) .(e), by deleting "use of pesticidesn and substitutmg the following -
" use of registered pesticides 93, , (0
in subregulation (2) (g) , by deleting upesticides" and substituting the following -
" registered pesticides "; (g) in subreplation (2) after ara aph (h), by deleting "use of
pesticides' and substituting t e fo lowlng - X T
" use of registered pesticides "; and (h)
in subregulation (6) (b), by deleting "the pesticides" and substitutmg the following -
" the registered pesticides ".
30 June 19951 GOVERNMENT GAZETTE, WA 2725 Regulation 72 amended
26. Regulation 72 (2) of the principal regulations is amended by deleting
"use est~cides" in both places where it occurs and substituting in each case
the fo 9 lowing -
11
" use registered pesticides Regulation 74 amended
27. Regulation 74 of the principal regulations is amended -
- .
(a) in subreg$ation (11, by deleting *any pesticides" and substituting .- the followmg -
" any registered pesticides 11. I in subregulation (21, by deleting "any pesticides" and substituting
(b) .the following -
" any registered pesticides 9 9 . I (c) in subregulation (3) -
(i) by deleting "any pesticides" and substituting the following -
" any registered pesticides "; and (ii) by deleting "those pesticides" and substituting the following -
" those registered pesticides "; and
(d) in subregulation (41, by deleting "any pesticide" in both places where i t occurs and substituting m each case the following - 59
" any registered pesticide
Regulation 76 amended
28. Regulation 76 of the principal regulations is amended -
(a) by deleting "of pesticides" and substituting the following -
" of registered pesticides 93. 9 in paragraph (a), by deleting "any pesticide" and substituting the
(b) following -
" any registered pesticide "; and (C)
in aragraph (b), by deleting "any pesticide" and substituting the folPowlng -
n
" any registered pesticide
Regulation 77A amended
29. Regulation 77A of the principal regulations is amended -
(a)
in subreylation (l) , by deleting "a pesticide" in both places where it occurs and substituting in each case the following -
" a registered pesticide "; and (b) following - in subregulation (21, by deleting "a pesticide" and substituting the 99
" a registered pesticide
| 2726 | GOVERNMENT GAZETTE, WA | [30 June 1995 |
Regula t ion 79A a m e n d e d 30. Regulation 79A (1) of the principal regulations is amended by inserting
a h r "registered" the following -
" n under Part 2 of the Agvet Code of Western Australia to be used
Regula t ion 81A repea led 31. Regulation 81A of the principal regulations is repealed.
Regula t ion 82 a m e n d e d
32. The Table to regulation 82 (1) of the principal regulations is amended
by deleting "7, 9 (2), (2a), (2b) and (3), 9A,", ' 18,", '22, 23, 24, 25, 26, 27," and
"6 1A.".
Schedule C a m e n d e d
33. Schedule C to the principal regulations is amended by deleting the
items "Aldr-inn and "Dieldrin".
Schedule E a m e n d e d 34. Schedule E to the principal regulations i s amended -
in Form 3 by deleting "following pesticides" and substituting the
(a) following - " following registered pesticides "; and in Form 4 by deleting "following pesticidesn and substituting the
(b) following -
" following registered pesticides "
Schedule F repealed
35. Schedule F to the principal regulations is repealed.
Var ious provisions a m e n d e d 36. (1) Each provision of the principal regulations in the Table to this
subregulation is amended by inserting before pesticide" in each place where
it occurs the following -
97
" registered Table
regulation 19A (3 times) regulation 21A (2) (twice) regulation 19AA (1) regulation 21D (2) (b) regulation 19AA (3) regulation 75 (1) Ib) regulation 20C (4 times) regulation 77 (b)
regulation 20D (l) (twice) - regulation 79A (2) regulation 20D (2) (3 times)
(2) Each provision of the princi a1 re latjons in the Table to this subregulation is amended by inserting \efore$estieidesw in each place where i t occurs the following - " registered
30 June 19951 GOVERNMENT GAZE'ITE, WA 2727 Table
regulation 19AA (1) (a) regulation 69 (1) (c )
regulation 20A (1) regulation 77 (c) and (e) regulation 20B (1) regulation 79 (1) regulation 63 (3) (a) and (b) By His Excellency's Command,
J. PRITCI-IARD, Clerk of the Council.
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