Pesticides Act 1999 (NSW)
An Act to regulate and control the use of pesticides; to repeal the Pesticides Act 1978; to amend certain other Acts; and for other purposes.
The Code set out in the Schedule to the Agricultural
and Veterinary Chemicals Code Act 1994 of the Commonwealth (the
The Agvet Code controls the manufacture and supply (eg sale) of agricultural and veterinary chemical products. The control of the use of those chemical products (described in this Act as “pesticides”) is generally a matter for the States.
This Act provides the basis for the control of the use of pesticides in New South Wales.
This Act should be read in conjunction with the Agvet Code (particularly the definitions in that Code).
This Act is the Pesticides Act 1999.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to promote the protection of human health, the environment, property and trade in relation to the use of pesticides, having regard to the principles of ecologically sustainable development within the meaning of the Protection of the Environment Administration Act 1991,
(b) to minimise risks to human health, the environment, property and trade,
(c) to promote collaborative and integrated policies in relation to the use of pesticides,
(d) to establish a legislative framework to regulate the use of pesticides.
In this Act—
The definition in the Agvet Code is as follows—
“
(a) mammals, birds, bees, reptiles, amphibians, fish, crustaceans and molluscs, and
(b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being), and
(c) any other prescribed form of animal life, whether prescribed by reference to a species or in any other way.
The term “
The definition in the Agvet Code is as follows—
(a) land, air and water, and
(b) any layer of the atmosphere, and
(c) any organic or inorganic matter and any living organism, and
(d) human-made or modified structures and areas,
and includes interacting natural ecosystems that include components referred to in paragraphs (a)–(c).
The definition in the Agvet Code is as follows—
“
Sections 45B and 47D of the Agvet Code provide for certain persons to be taken to hold a permit for a transitional period when a notice of suspension or cancellation of a permit has been given, or when a notice of the end of the registration of a chemical product is published.
The definition in the Agvet Code is as follows—
“
(a) in relation to an animal plant or thing—any animal, plant or other biological entity that injuriously affects the physical condition, worth or utility of the first-mentioned animal or plant or of that thing, or
(b) in relation to a place—any animal, plant or other biological entity that injuriously affects the use or enjoyment of that place.
The definition in the Agvet Code is as follows—
“
(a) has custody or control of the pesticide or thing, or
(b) has the pesticide or thing in the custody of another person, or
(c) has the pesticide or thing in or on any premises, whether or not belonging to or occupied by the person.
(a) a building or structure, or
(b) land or a place (whether enclosed or built on or not), or
(c) a vehicle, vessel or aircraft.
(a) any premises, or
(b) livestock, or
(c) agricultural crops or other produce.
(a) a Public Service agency, or
(b) a statutory body representing the Crown, a State owned corporation or a local council, or
(c) a member of staff or other person who exercises functions on behalf of a public authority.
(a) this Act and the regulations, and
(b) the Agvet Code and the regulations applying because of section 6 of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994, and
(c) legislation of any other Australian jurisdiction relating to the use of pesticides, and
(d) legislation (including legislation that has been repealed or legislation of another jurisdiction) prescribed by the regulations.
The term
The term
The term “
The definition in the Agvet Code is as follows—
(a) any gas, liquid, mixture or compound of gases, or mixture or compound of liquids, and
(b) an organism or part of an organism, including a genetically manipulated organism or part of a genetically manipulated organism, and
(c) material that is produced from an organism, and
(d) matter whose production involves the use of an organism,
but does not include an excluded organism or part of an excluded organism, or material that is produced from, or matter whose production involves the use of, an excluded organism.
(a) apply, spray, spread or disperse the pesticide by any means (for example by hand or by the use of a machine or any type of equipment including aerial spraying equipment), or
(b) store the pesticide, or
(c) prepare the pesticide for use.
Without limiting subsection (1), a word or expression used in the Agvet Code that is used in this Act has the same meaning in this Act as it has in that Code.
Notes included in this Act do not form part of this Act.
In this Act,
(a) an agricultural chemical product (within the meaning of the Agvet Code), or
(b) a veterinary chemical product (within the meaning of the Agvet Code) that—
(i) is represented as being suitable for, or is manufactured, supplied or used for, the external control of ectoparasites of animals, and
(ii) is concentrated and requires dilution or mixing in water before use, and
(iii) is not prescribed under the Stock Medicines Act 1989 as a low-risk veterinary chemical product.
The Agvet Code defines an
(a) destroying, stupefying, repelling, inhibiting the feeding of, or preventing infestation by or attacks of, any pest in relation to a plant, a place or a thing, or
(b) destroying a plant, or
(c) modifying the physiology of a plant or pest so as to alter its natural development, productivity, quality or reproductive capacity, or
(d) modifying an effect of another agricultural chemical product, or
(e) attracting a pest for the purpose of destroying it.
The term also includes a substance or mixture of substances declared by regulations to be an agricultural chemical product. However, the term does not include a substance or mixture of substances declared by regulations not to be an agricultural chemical product.
For the purposes of this Act, a pesticide continues to be regarded as a pesticide even when it is mixed with some other substance (whether or not the other substance is a pesticide). However, a pesticide does not include a prescribed mixture or a mixture of a prescribed class or description.
Subsection (2) generally deals with the situation where a pesticide is diluted, or is mixed, before being used. The effect of the provision is that the mixing of a pesticide does not mean that it is no longer a pesticide.
In this Act,
(a) the supply or use of pesticides for a fee or reward,
(b) the piloting or use of aircraft in connection with the supply or use of pesticides (whether or not for a fee or reward),
(c) the carrying on of a business involving any of the activities referred to in paragraph (a) or (b), including the employment or engagement of persons to carry out the activities for the business,
(d) the carrying out by a public authority of any of the activities referred to in paragraph (a) or (b), including—
(i) the supply or use of pesticides without a fee or reward, and
(ii) the employment or engagement of persons to carry out the activities for the public authority.
For the purposes of subsection (1), the regulations may prescribe circumstances or means in relation to an activity referred to in that subsection by reference to all circumstances or means relating to the activity or by reference to specified classes of circumstances or means relating to the activity.
The regulations may make provision for or with respect to the training and supervision of trainees in connection with the carrying out of prescribed pesticide work.
In this section—
In determining whether a person is a fit and proper person to hold a licence, the Authority may take into consideration any or all of the following—
(a) whether the person has—
(i) contravened relevant legislation, or
(ii) held a regulatory authorisation that has been suspended or cancelled under relevant legislation,
(b) if the person is a corporation—whether a director or former director of the corporation or a related body corporate has—
(i) contravened relevant legislation, or
(ii) held a regulatory authorisation that has been suspended or cancelled under relevant legislation,
(c) if the person is a corporation—whether a director or former director of the corporation or a related body corporate is or has been the director of another corporation that has—
(i) contravened relevant legislation, or
(ii) held a regulatory authorisation that has been suspended or cancelled under relevant legislation,
(d) the person’s record of compliance with relevant legislation,
(e) if the person is a corporation—the record of compliance with relevant legislation of each director or former director of the corporation or a related body corporate,
(f) whether, in the Authority’s opinion, any dealings of the person with pesticides under a licence will or will not be in the hands of a technically competent person,
(g) whether, in the Authority’s opinion, the person is of good repute, having regard to character, honesty and integrity,
(h) if the person is a corporation—whether, in the Authority’s opinion, each director and former director of the corporation or a related body corporate is of good repute, having regard to character, honesty and integrity,
(i) whether, in the previous 10 years, the person has, in this jurisdiction or another Australian jurisdiction, been convicted of an offence involving fraud, dishonesty or other behaviour the Authority considers would make the person unfit to hold a licence,
(j) if the person is a corporation—whether, in the previous 10 years, a director and former director of the corporation or a related body corporate has, in this jurisdiction or another Australian jurisdiction, been convicted of an offence involving fraud, dishonesty or other behaviour the Authority considers would make the person unfit to hold a licence,
(k) whether, during the previous 3 years, the person was personally insolvent,
(l) if the person is a corporation—whether, during the previous 3 years, a director or former director of the corporation was personally insolvent,
(m) if the person is a corporation—whether the person or a related body corporate applied to take the benefit of a law for the relief of insolvent debtors or compounded with the person’s or body corporate’s creditors,
(n) for an individual—whether the person is or was a director of a corporation that—
(i) is the subject of a winding up order, or
(ii) has had a controller or administrator appointed during the previous 3 years,
(o) for a corporation—whether the corporation or a related body corporate—
(i) is the subject of a winding up order, or
(ii) has had a controller or administrator appointed during the previous 3 years,
(p) whether the person has demonstrated to the Authority the financial capacity to comply with the person’s obligations under the licence or the proposed licence,
(q) whether the person is in partnership with a person whom the Authority does not consider to be a fit and proper person under this section, in connection with dealings with pesticides authorised, or sought to be authorised, by a licence,
(r) if the person is a corporation—whether a related body corporate is in partnership with a person whom the Authority does not consider to be a fit and proper person under this section, in connection with dealings with pesticides authorised, or sought to be authorised, by a licence,
(s) another ground the Authority considers appropriate.
In this section—
Sections 12, 13 and 15 are declared to be eligible laws for the purposes of the definition of
The effect of a permit issued under section Part 7 of the Agvet Code is that it authorises a person to whom it applies to do (or omit to do) something that is otherwise prohibited by this Act, so long as the person does so in accordance with the conditions of the permit. In other words, a person who wants to do something in respect of a pesticide that would otherwise be prohibited under a provision of
A person is guilty of an offence if the person wilfully or negligently uses a pesticide in a manner that—
(a) injures or is likely to injure any other person, or
(b) damages or is likely to damage any property of another person.
Maximum penalty—
(a) $2,000,000 in the case of a corporation, or
(b) $500,000 in the case of an individual.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
For the purposes of subsection (1) (b) in its application to any part of premises used for agricultural operations (including farming, horticultural or aquacultural operations), damage, or likely damage, from the use of a pesticide includes when the use of a pesticide—
(a) prevents, or is likely to prevent, that part of the premises from being used for such operations (whether temporarily or permanently), or
(b) reduces, or is likely to reduce, the capacity of that part of the premises to be used for such operations (whether temporarily or permanently).
A person does not commit an offence under subsection (1) if the person establishes—
(a) that the injury or damage occurred, or is likely to occur, only on the agricultural farm land in respect of which the pesticide was used, and
(b) that the person is the occupier of that land or is employed or engaged by the occupier of that land.
A person is guilty of an offence if the person wilfully or negligently uses a pesticide in a manner that—
(a) harms any non-target animal or non-target plant, or
(b) if there is no approved label or permit for the pesticide—harms any animal or plant.
Maximum penalty—
(a) $2,000,000 in the case of a corporation, or
(b) $500,000 in the case of an individual.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
A person does not commit an offence under subsection (1) if the person establishes—
(a) that the harm occurred only on the agricultural farm land, or the residential premises, in respect of which the pesticide was used, and
(b) that the person is the occupier of that land or those premises, or is employed or engaged by the occupier of that land or those premises.
A person is guilty of an offence if the person wilfully or negligently uses a pesticide in a manner that materially harms—
(a) an animal that is a threatened species within the meaning of the Biodiversity Conservation Act 2016, or
(b) any protected animal within the meaning of the Biodiversity Conservation Act 2016.
Maximum penalty—
(a) $2,000,000 in the case of a corporation, or
(b) $500,000 in the case of an individual.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
For the purposes of subsection (1), the following matters are taken to be relevant in determining whether the harm to any such animal is material—
(a) the number of animals harmed,
(b) the type of animals harmed,
(c) the local population of the type of animal harmed.
Nothing in subsection (2) limits the matters that may be considered in determining whether harm to an animal that is a threatened species or to a protected animal is material.
A person must not use a pesticide in a manner that—
(a) injures or is likely to injure any other person, or
(b) damages or is likely to damage any property of another person.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
For the purposes of subsection (1) (b) in its application to any part of premises used for agricultural operations (including farming, horticultural or aquacultural operations), damage, or likely damage, from the use of a pesticide includes when the use of a pesticide—
(a) prevents, or is likely to prevent, that part of the premises from being used for such operations (whether temporarily or permanently), or
(b) reduces, or is likely to reduce, the capacity of that part of the premises to be used for such operations (whether temporarily or permanently).
A person does not commit an offence under subsection (1) if the person establishes—
(a) that the injury or damage occurred, or is likely to occur, only on the agricultural farm land in respect of which the pesticide was used, and
(b) that the person is the occupier of that land or is employed or engaged by the occupier of that land.
It is a defence in any proceedings against a person for an offence under this section if the person establishes—
(a) that the commission of the offence was due to causes over which the person had no control, and
(b) that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.
A person must not use a pesticide in a manner that—
(a) harms any non-target animal or non-target plant, or
(b) if there is no approved label or permit for the pesticide—harms any animal or plant.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
A person does not commit an offence under subsection (1) if the person establishes—
(a) that the harm occurred only on the agricultural farm land, or the residential premises, in respect of which the pesticide was used, and
(b) that the person is the occupier of that land or those premises, or is employed or engaged by the occupier of that land or those premises.
It is a defence in any proceedings against a person for an offence under this section if the person establishes—
(a) that the commission of the offence was due to causes over which the person had no control, and
(b) that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.
A person must not use a pesticide in a manner that harms a companion animal that is in or on premises with the consent of the owner or occupier of the premises.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
It is a defence in any proceedings against a person for an offence under this section if the person establishes—
(a) that the commission of the offence was due to causes over which the person had no control, and
(b) that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.
In this section—
A person must not possess an unregistered pesticide unless the person—
(a) is authorised to do so by a permit, and
(b) complies with the permit.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
The effect of a permit is explained in the note to section 6. This offence is an “eligible law” for the purposes of Part 7 of the Agvet Code.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
A person does not commit an offence against subsection (1) if—
(a) the person possesses an unregistered pesticide that is a reserved chemical product, and
(b) the pesticide is possessed in accordance with the conditions specified for the reserved chemical product by the Reserved Schedule.
A person must not use an unregistered pesticide unless the person—
(a) is authorised to do so by a permit, and
(b) complies with the permit.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
The effect of a permit is explained in the note to section 6. This offence is an “eligible law” for the purposes of Part 7 of the Agvet Code.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
A person does not commit an offence against subsection (1) if—
(a) the person uses an unregistered pesticide that is a reserved chemical product, and
(b) the pesticide is used in accordance with the conditions specified for the reserved chemical product by the Reserved Schedule.
A person must on each occasion before using a registered pesticide—
(a) read an approved label for the pesticide, or
(b) ensure that an approved label for the pesticide is explained to the person.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
If a permit is in force in respect of a pesticide, a person to whom the permit applies must on each occasion, before using the pesticide—
(a) read the permit, or
(b) ensure that the permit is explained to the person.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
If a pesticide is mixed with any other substance, any requirement under subsection (1) or (2) in relation to that pesticide is not affected.
The mixing of a pesticide with another substance still means that the approved label or permit for the pesticide must be read.
A person must not use a registered pesticide in contravention of any instruction on an approved label for the pesticide unless the person—
(a) is authorised to do so by a permit, and
(b) complies with the permit.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
The effect of a permit is explained in the note to section 6. This offence is an “eligible law” for the purposes of Part 7 of the Agvet Code.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
If a registered pesticide is mixed with any other substance, the requirement under subsection (1) in relation to the pesticide is not affected.
The mixing of a registered pesticide with another substance still means that the relevant instructions on the approved label for the pesticide must be followed.
It is a defence in any proceedings against a person for an offence under subsection (1) if the person establishes that—
(a) (Repealed)
(b) the person complied with the relevant instructions on an approved label for the pesticide (being an approved label that was, at the time of the alleged offence, affixed or attached to, or appeared on, the container for the pesticide that was used), or
(c) the person—
(i) used the pesticide at a concentration or rate lower than that specified in the instructions on an approved label for the pesticide (provided any such lower concentration or rate was not prohibited by the instructions or by any pesticide control order), and
(ii) otherwise complied with the relevant instructions on the approved label.
For the purposes of subsection (3), a
(a) any restriction (however expressed) as to the use of the pesticide (for example a direction not to use the pesticide for any purpose, or in any manner, contrary to the approved label unless authorised by law),
(b) the situation in which the use of the pesticide is permitted (for example the type of crop),
(c) the pest to be controlled by the pesticide,
(d) the rate, concentration, frequency or timing, number, volume, or other similar limitation, in respect of which the pesticide may or may not be used,
(e) the equipment by means of which the pesticide may be used,
(f) the preparation and mixing of the pesticide,
(g) withholding periods,
(h) any restraints on the use of the pesticide (for example weather conditions, entry to treated areas, distance restrictions),
(i) the protection of livestock, crops, wildlife, non-target animals or non-target plants, fish or other aquatic life,
(j) the protection of the environment,
(k) avoidance of spray drift, vapour movement and odour,
(l) storing or disposal of the pesticide,
(m) safety directions and other human-health related matters,
(n) record keeping, training and notification requirements,
(o) expiry dates or dates in which use is permitted,
(p) times during the day when use of the pesticide is permitted,
(q) any other matter that may be prescribed by the regulations.
A person must not, without reasonable excuse, keep a registered pesticide in a container that does not have an approved label attached to the container.
Maximum penalty—
(a) $20,000 in the case of a corporation, or
(b) $10,000 in the case of an individual.
If a registered pesticide is mixed with any other substance, the requirement under subsection (1) in relation to the pesticide is not affected.
A person must not possess or use a restricted pesticide unless authorised to do so by—
(a) a restricted pesticide authorisation, or
(b) a pesticide control order.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
Failure to comply to comply with the conditions of any such restricted pesticide authorisation, or with a pesticide control order, is an offence under this Act.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
In this Part—
(a) action to prevent, minimise, remove or mitigate the pesticide pollution, or
(b) ascertaining the nature and extent of the pesticide pollution, or
(c) preparing and carrying out a remedial plan of action.
The Environment Protection Authority may, by notice in writing, do either or both of the following—
(a) direct a person who is reasonably suspected by the Authority of causing or having caused any pesticide pollution,
(b) direct an occupier of premises at which the Authority reasonably suspects that any pesticide pollution is occurring or has occurred,
to take such reasonable clean-up action as is specified in the notice and within a reasonable period that is specified in the notice.
The clean-up notice may require the person to whom the notice is given to furnish reports to the Environment Protection Authority regarding progress on the carrying out of the clean-up action.
If the person given a clean-up notice complies with the notice but was not the person who caused the pesticide pollution, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the pesticide pollution.
A person who, without reasonable excuse, does not comply with a clean-up notice given to the person is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues, or
(b) in the case of an individual—$60,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues.
An offence against subsection (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
If a public authority reasonably suspects, or is advised by the Environment Protection Authority, that any pesticide pollution is occurring or has occurred, the public authority may take such clean-up action as it considers necessary.
A public authority may take action under this section whether or not a clean-up notice has been given under section 19, and (if such a notice has been given) whether or not the period specified in the notice under that section has ended.
A public authority may take clean-up action under this section by itself or by its employees, agents or contractors.
The Environment Protection Authority may, instead of giving a direction under this Division by notice in writing, give the direction orally, but only in such circumstances as the Authority considers to be exceptional.
A direction that can be given orally under this Division by the Environment Protection Authority can be given orally by a person who is acting under delegated or other authority from the Authority.
A direction given orally to a person ceases to have effect on the expiration of 72 hours from the time it was given unless confirmed by a written clean-up notice given to the person.
A direction given orally has the same effect as a direction given by notice in writing, and is taken to be a clean-up notice.
The purpose of this section is to enable the Environment Protection Authority to recover the administrative costs of preparing and giving clean-up notices.
A person who is given a clean-up notice must within 30 days pay the prescribed fee (if any) to the Environment Protection Authority.
No fee is payable in relation to the revocation or variation of a clean-up notice.
The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.
The Environment Protection Authority may waive payment of the whole or any part of the fee.
A person who does not pay the fee within the time provided under this section is guilty of an offence.
Maximum penalty—$20,000.
For the purposes of this Division, a pesticide is used in an environmentally unsatisfactory manner if—
(a) it is used in contravention of, or in a manner that is likely to lead to a contravention of, any provision of this Act or the regulations, or
(b) pesticide pollution is occurring or has occurred as a result of the use of the pesticide.
This section applies when the Environment Protection Authority reasonably suspects that any pesticide is being, or has been, used in an environmentally unsatisfactory manner at any premises or by any person (otherwise than at premises).
The Environment Protection Authority may, by notice in writing, do either or both of the following—
(a) direct the occupier of the premises,
(b) direct the person who is using or who used the pesticide,
to take such action, as is specified in the notice and within such period (if any) as is specified in the notice, to ensure that the pesticide, or the pesticide and any other pesticide, is in the future used in an environmentally satisfactory manner.
The action to be taken may (without limitation) include any of the following—
(a) any action relating to the use of a pesticide (for example the method of application, use at a specified time only, use on specified land only, and the climatic conditions in which the pesticide may be used),
(b) notification that a pesticide has or is about to be used,
(c) ceasing to use a particular pesticide, a particular type of spray equipment or a particular method of application,
(d) ceasing to carry on any operation that involves the use of a pesticide,
(e) monitoring, sampling, analysing and recording information that is relevant to the use of a pesticide (eg weather conditions),
(f) preparing and carrying out a plan of action to prevent any pesticide from being used in an environmentally unsatisfactory manner,
(g) installing, repairing, altering, replacing, maintaining or operating equipment or other machinery used in the application of any pesticide.
If the occupier who is given a notice is not the person who is using or who used the pesticide, the notice is taken to require the occupier to take all available steps to cause the action to be taken.
A prevention notice may require the person to whom the notice is given to furnish reports to the Environment Protection Authority regarding progress on carrying out the action required to be taken by the notice.
A person who does not comply with a prevention notice given to the person is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues, or
(b) in the case of an individual—$60,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
A prevention notice, or a variation of a prevention notice, does not operate—
(a) until the period within which an appeal under this Act can be lodged against the notice or variation has expired without an appeal being lodged, or
(b) if such an appeal is lodged within that period, until the Land and Environment Court confirms the notice or variation or the appeal is withdrawn, or
(c) until the person who has the right to lodge such an appeal notifies the Environment Protection Authority in writing that no appeal is to be made against the notice or variation,
whichever first occurs.
The purpose of this section is to enable the Environment Protection Authority to recover the administrative costs of preparing and giving prevention notices.
A person who is given a prevention notice by the Environment Protection Authority must within 30 days pay the prescribed fee (if any) to the Authority.
No fee is payable in relation to the revocation or variation of a prevention notice.
The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.
The Environment Protection Authority may waive payment of the whole or any part of the fee.
The fee is not payable during the currency of an appeal against the prevention notice.
If the decision of the Land and Environment Court on an appeal does not invalidate the prevention notice, the fee is payable within 30 days of the decision.
A person who does not pay the fee within the time provided under this section is guilty of an offence.
Maximum penalty—$20,000.
If the Environment Protection Authority gives a clean-up notice under section 19 to a person, the Authority may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the Authority in connection with—
(a) monitoring action under the notice, and
(b) ensuring that the notice is complied with, and
(c) any other associated matters.
A public authority that takes clean-up action under section 20 may, by notice in writing, require—
(a) the person who is reasonably suspected by the public authority of having caused the pesticide pollution concerned, or
(b) the occupier of the premises at which the public authority reasonably suspects that the pesticide pollution occurred,
or both, to pay all or any reasonable costs and expenses incurred by the public authority in connection with the clean-up action.
The Environment Protection Authority or public authority concerned may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.
If the person given a compliance cost notice complies with the notice but was not the person who caused the pesticide pollution, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the pesticide pollution.
If a compliance cost notice has been given by the Environment Protection Authority or a public authority to a person, the Authority or public authority may apply to the Registrar-General for registration of the notice in relation to any land owned by the person.
An application under this section must define the land to which it relates.
The Registrar-General must, on application under this section and lodgment of a copy of the compliance cost notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit.
If the notice relates to land under the provisions of the Real Property Act 1900, the notice is to be registered under that Act.
This section applies where a compliance cost notice is registered under section 30, on the application of the Environment Protection Authority or a public authority, in relation to particular land owned by a person.
There is created by force of this section, on the registration of the notice, a charge on the land in relation to which the notice is registered to secure the payment to the Environment Protection Authority or public authority of the amount specified in the notice.
Such a charge ceases to have effect in relation to the land—
(a) on payment to the Environment Protection Authority or public authority of the amount concerned, or
(b) on the sale or other disposition of the land with the written consent of the Environment Protection Authority or public authority, or
(c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,
whichever first occurs.
Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered.
Such a charge is not affected by any change of ownership of the land, except as provided by subsection (3).
If—
(a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and
(b) the charge is so registered,
a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (3), taken to have notice of the charge.
The regulations may make provision for or with respect to the removal of a charge under this section.
More than one notice under a provision of this Part may be given to the same person.
A notice may be given under this Part to a person in respect of a matter or thing even though the person is outside the State or the matter or thing occurs or is located outside the State, so long as the matter or thing affects the environment of this State.
A notice given under this Part may be revoked or varied by a subsequent notice or notices.
A notice may be varied by modification of, or addition to, its terms and specifications.
Without limiting the above, a notice may be varied by extending the time for complying with the notice.
A notice may only be revoked or varied by the Environment Protection Authority.
The Environment Protection Authority or a public authority may, by its employees, agents or contractors, enter any premises at any reasonable time for the purpose of exercising its functions under this Part.
For the purpose of entering or leaving any such premises, the power conferred by this section extends to entering other premises.
A power to enter premises conferred by this section authorises entry by foot or by means of a motor vehicle or other vehicle, or in any other manner.
Entry may be effected under this section by the Environment Protection Authority or a public authority with the aid of such authorised officers or police officers as the Environment Protection Authority or public authority considers necessary and with the use of reasonable force.
This section does not empower a person to enter any part of premises used only for residential purposes without the permission of the occupier of the premises or the authority of a search warrant under section 199 of the Protection of the Environment Operations Act 1997.
Chapter 7 of the Protection of the Environment Operations Act 1997, which contains a search warrant power, extends to the exercise of powers under this Act.
A person who wilfully delays or obstructs—
(a) a person who is carrying out any action in compliance with a notice under this Part, or another person authorised by the person to carry it out, or
(b) a public authority that is taking clean-up action under Division 2, or another person authorised by the authority to carry it out,
is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues, or
(b) in the case of an individual—$60,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues.
A person who in a report required under this Part and lodged with the Environment Protection Authority makes a statement that the person knows is false or misleading in a material particular is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—$120,000, or
(b) in the case of an individual—$60,000.
The Environment Protection Authority may make a pesticide control order.
Section 43 (2) of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power.
A pesticide control order may be made—
(a) for any purpose relating to the protection of public health, property, the environment or trade, or
(b) in order to implement a decision or policy of the APVMA in relation to any pesticide.
A pesticide control order has no effect unless it is published in the Gazette.
A pesticide control order takes effect on and from the date specified in the order (being a date that is not earlier than the date the order is published in the Gazette).
The Environment Protection Authority is to cause a pesticide control order to be published in such manner as the Authority thinks appropriate.
A pesticide control order may refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the order, as in force at a particular time or from time to time.
(Repealed)
In this section—
A pesticide control order may—
(a) prohibit or control the use of a pesticide or class of pesticide that is specified in the order, or
(b) authorise the use or possession of a restricted pesticide or class of restricted pesticide that is specified in the order,
subject to such conditions as may be specified in the order.
A pesticide control order may prohibit or control the use of a pesticide, or authorise the use or possession of a restricted pesticide, by reference to any one or more of the following—
(a) the manner in which the pesticide to which the order relates may or may not be used (including the equipment by means of which the pesticide may or may not be used),
(b) the class of persons who may or may not use the pesticide,
(c) the climatic conditions under which the pesticide may or may not be used,
(d) the land in respect of which the pesticide may or may not be used,
(e) the occasions (whether by reference to particular days of the year or particular times of the day or the year) on which the pesticide may or may not be used,
(f) the concentration or application rate in which the pesticide may or may not be used,
(g) requiring training in the use of the pesticide,
(h) requiring records to be kept in relation to the use of the pesticide,
(i) requiring notification to be given, in a specified manner, to persons in the area where a pesticide is proposed to be used,
(j) requiring the erection of signs, in or about the area in which a pesticide is proposed to be used,
(k) any other circumstances in which the pesticide may or may not be used,
(l) any other factor or condition specified in the order.
A pesticide control order may impose additional requirements to those appearing on an approved label or specified in a permit. In the event of any inconsistency between the requirements imposed by an order and those appearing on an approved label or specified in a permit, the terms of the order prevail.
A person must not contravene a pesticide control order.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
An offence against subsection (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
Chapter 7 (Investigation) of the Protection of the Environment Operations Act 1997 extends to the exercise of powers in connection with this Act and the regulations.
Section 186 of the Protection of the Environment Operations Act 1997 provides that Chapter 7 of that Act extends to the exercise of powers in connection with certain other legislation, including this Act. Chapter 7 of the Protection of the Environment Operations Act 1997 deals with such matters as the appointment of authorised officers, powers to require information and records, powers of entry and search, powers to question and to identify persons, and powers with respect to certain things such as vehicles.
An authorised officer may, with the written approval of the Environment Protection Authority, give directions for the destruction of, or rendering harmless of, any pesticide if the authorised officer is of the opinion that—
(a) it is necessary in the interest of public health or of any person to do so, or
(b) it is necessary to do so because of any harm or risk of harm to any person, property, the environment or trade.
A person to whom any such direction is given must comply with the direction.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
An authorised officer may give a direction under subsection (1) without the approval of the Environment Protection Authority in an emergency situation where there is an imminent danger to public health (or of any person) or imminent harm to property, the environment or trade.
An authorised officer may destroy or render harmless any pesticide, or cause any pesticide to be destroyed or rendered harmless, if the owner of the pesticide authorises the authorised officer to do so.
The owner of the pesticide is liable for the expenses incurred in the destruction or rendering harmless of the pesticide concerned. Any such expense may be recovered by the Environment Protection Authority as a debt in a court of competent jurisdiction.
This section applies where an authorised officer is of the opinion that any equipment being used in the application of a pesticide is defective to such an extent that, were it to be used, a breach of this Act might reasonably be expected to occur.
The authorised officer may, by notice in writing given to such person as appears to the authorised officer to have possession for the time being of the defective equipment, direct the person to cease using the equipment until—
(a) such time as the equipment is repaired or serviced in accordance with the notice, or
(b) such time as any other requirement specified in the notice is carried out, or
(c) such other time as is specified in the notice.
A notice given under this section may be revoked or varied by an authorised officer by further notice in writing given to the person.
If a notice is given under this section in respect of any equipment, a person must not use the equipment in contravention of the notice.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
An offence against subsection (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
If an authorised officer has given a notice under this section in respect of any equipment, the authorised officer may affix to the equipment a notice (a
A person (other than an authorised officer or person acting with the authority of such an officer) who removes a defect notice, or who obliterates or interferes with a defect notice, is guilty of an offence.
Maximum penalty—$60,000.
A person must not attach any aerial spraying equipment to an aircraft unless the aircraft is approved by the Civil Aviation Safety Authority for agricultural operations.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
A person is guilty of an offence if the person discloses any information relating to any agricultural, manufacturing or commercial secrets or working processes and obtained by the person in connection with the administration or execution of this Act or the regulations, unless the disclosure—
(a) is made with the consent of the person from whom the information was obtained, or
(b) is made in connection with the administration or execution of this Act or the regulations, or
(c) is made with the prior permission of the Minister, or
(d) is ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing and determination by that court, body or person of any matter or thing, or
(e) is made under subsection (3).
Maximum penalty—$20,000.
The Minister may grant the permission referred to in subsection (1) (c) only if the Minister is satisfied that to do so would be in the public interest.
The Environment Protection Authority may communicate any matter which comes to the knowledge of the Authority in the exercise or performance of its functions under this Act or the regulations—
(a) to an officer or authority engaged in administering or executing a law of the Commonwealth or of another State or a Territory relating to pesticides, or
(b) to any person, when communication of the matter to that person is, in the opinion of the Environment Protection Authority, reasonably related to the prevention of harm that may be, or the amelioration of harm that has been, caused by a pesticide to any person, property, the environment or trade.
Any of the following persons who receives, acquires or accrues a monetary benefit as a result of the commission by a corporation of a proved offence under this Act or the regulations (the
(a) a person who is, or was, at the time of the commission of the underlying offence, a director of the corporation,
(b) a related body corporate,
(c) a person who is, or was, at the time of the commission of the underlying offence, a director of a related body corporate.
Maximum penalty—
(a) for a corporation—the maximum penalty that applies to a corporation for the underlying offence, or
(b) for an individual—the maximum penalty that applies to an individual for the underlying offence.
Proceedings for an offence under this section may be commenced—
(a) after the date on which the underlying offence is alleged to have been committed, but
(b) despite section 72, no later than the later of the following—
(i) the date that is 12 months after the date on which a court finds the underlying offence proved,
(ii) the date by which the proceedings may be commenced under section 72(3).
Despite section 71, proceedings for an offence under this section may not be dealt with before the Local Court.
Without limiting subsection (1) or (2)(b), a court finds an offence proved if—
(a) the court convicts the offender of the offence, or
(b) the court makes an order under the Crimes (Sentencing Procedure) Act 1999, section 10 against the offender in relation to the offence.
A reference in subsection (1) to a director of a corporation or related body corporate extends to a person involved in the management of the affairs of the corporation or related body corporate.
A person must not carry out prescribed pesticide work unless the person is the holder of a licence that authorises the person to carry out that kind of work.
Maximum penalty—$60,000.
A person must not employ or engage any other person (an
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
The kinds of licences that are prescribed by the regulations may be granted and held under this Act.
A licence authorises the holder of the licence to carry out, in accordance with this Act and the conditions of the licence, the kind of prescribed pesticide work specified by the regulations for that kind of licence.
The authorisation conferred by a licence is subject to this Act and the regulations.
A person may apply to the Environment Protection Authority for a licence.
An application must—
(a) be in the form and manner approved by the Authority or prescribed by the regulations, and
(b) be accompanied by the fee prescribed by the regulations.
An application for a licence must—
(a) specify the name and address of the applicant, and
(b) specify the kind of licence that is being sought, and
(c) if required by the regulations—be accompanied by evidence that the applicant holds an insurance policy of a class prescribed by the regulations (or is eligible to hold such an insurance policy), and
(d) be accompanied by such other information or particulars as are required by the regulations.
The Environment Protection Authority may, by written notice served on the applicant for the licence, require the applicant to provide the Authority with such information as it considers necessary or relevant to the application, and that is specified in the notice, by a date so specified.
If an applicant fails to comply with the requirements of a notice served under subsection (1) or, in purported compliance with a notice so served, provides information that, in the opinion of the Authority, is inadequate, the Authority may refuse to grant the licence.
The Environment Protection Authority may determine an application for a licence by granting a licence to the applicant.
The Authority may refuse to grant a licence to an applicant for a licence—
(a) if the Authority is of the opinion that the applicant is not a fit and proper person to hold the licence, or
(b) if the applicant does not hold the qualifications prescribed by, or determined in accordance with, the regulations for the kind of licence, or
(c) if the applicant does not hold an insurance policy of a class prescribed by the regulations (or is not eligible to hold such a policy) for the licence concerned, or
(d) in such other circumstances as may be prescribed by the regulations.
A licence is subject to the following conditions—
(a) any condition prescribed by the regulations,
(b) any condition imposed on the licence by the Environment Protection Authority under this Act at the time the licence is granted or subsequently.
The Authority may, at any time, by notice in writing served on the holder of the licence—
(a) revoke or vary any condition to which the licence is subject that it has imposed, or
(b) impose new conditions to which the licence is subject.
The Authority may impose, revoke or vary conditions on a licence for such reasons, and in such circumstances, as the Authority considers appropriate or necessary.
Subject to the regulations, a licence may be granted for a fixed term or for no fixed term.
If a licence is granted for a fixed term, the licence remains in force for the term specified in the licence, unless sooner surrendered to or revoked by the Environment Protection Authority or it otherwise ceases to be in force.
If a licence is granted for no fixed term, it remains in force until it is surrendered to or revoked by the Authority or it otherwise ceases to be in force.
In any case, a licence is taken not to be in force for the purposes of this Act during any period in which it is suspended.
A licence is, while it remains in force, subject to any variations made to the licence under this Act.
A person may apply to the Authority for the renewal of a licence in accordance with the regulations.
The Environment Protection Authority may, for such reasons as it thinks fit, suspend a licence.
The Authority may revoke a licence—
(a) if the holder of the licence ceases to have the qualifications prescribed by the regulations for the type of licence concerned, or
(b) if the holder of the licence ceases to hold an insurance policy prescribed by the regulations for the licence, or
(c) if the holder of the licence supplied information that was, to the holder’s knowledge, false or misleading in a material particular in, or in connection with, the application for the licence, or
(d) if the holder of the licence has contravened any provision of relevant legislation, whether or not the holder has been convicted of an offence for the contravention, or
(e) if the holder of the licence has contravened any condition to which the licence is subject, or
(f) if the Authority is of the opinion that the holder of the licence is no longer a fit and proper person to hold the licence, or
(g) if the Authority receives information about the holder of the licence and the Authority is of the opinion that, had the information been received at the time when an application for the licence was made, it would have refused the application, or
(h) if the holder of the licence voluntarily surrenders the licence to the Authority, or
(i) on such other grounds as may be prescribed by the regulations.
Before suspending or revoking a licence, the Authority—
(a) must cause written notice of the proposed suspension or revocation to be given to the holder of the licence, and
(b) must give the holder of the licence a reasonable opportunity to make representations to the Authority in relation to the proposed suspension or revocation, and
(c) must have regard to any representations so made.
If, after having regard to any representations made by the holder of the licence, the Authority decides to proceed with the proposed suspension or revocation, the Authority must give to the holder of the licence a written notice—
(a) stating that the licence is suspended or revoked, and
(b) in the case of a suspension, specifying the period for which the licence is suspended, and
(c) giving reasons for the suspension or revocation.
The suspension or revocation of a licence takes effect on the day on which the notice of the suspension or revocation is given to the holder of the licence (or on such later date as may be specified in the notice).
Subsections (3)–(5) do not apply if the Authority revokes a licence that has been voluntarily surrendered to it by the holder of the licence.
The Environment Protection Authority is to keep a Register of Licences.
The Register may be kept in such form as the Authority considers appropriate.
The Authority is to record on the Register—
(a) in relation to each licence that is in force—
(i) the name and address of the holder of the licence and the date it was granted, and
(ii) the type and number of the licence, and
(iii) the expiry date of the licence (if any), and
(iv) the status of the licence, and
(v) such other information as may be prescribed by the regulations, and
(b) in relation to each suspended or revoked licence—
(i) the name and address of the holder of the licence and the date it was suspended or revoked, and
(ii) the type and number of the licence, and
(iii) such other information as may be prescribed by the regulations.
The Authority is to ensure that information kept on the Register is up to date.
The Authority may correct any error in or omission from the Register.
Subject to the regulations, the Authority may arrange for such information recorded in the Register as it considers appropriate to be published on the Internet for public access.
The information referred to in subsection (6) may also be provided to members of the public in any other manner approved by the Authority.
The regulations may make provision for or with respect to the information that may be provided to the members of the public under this section (including the kind of information that may or may not be provided).
Section 57 of the Privacy and Personal Information Protection Act 1998 does not apply to the Register or to information in the Register that is published or provided to members of the public under this section.
(Repealed)
A person may apply to the Environment Protection Authority for a restricted pesticide authorisation authorising the person to use or possess a restricted pesticide to which the authorisation relates.
An application for an authorisation must—
(a) be in the form approved by the Authority, and
(b) be accompanied by the fee (if any) prescribed by the regulations.
The Environment Protection Authority may determine an application for a restricted pesticide authorisation by granting an authorisation to the applicant.
The Environment Protection Authority may refuse to grant a restricted pesticide authorisation if it is of the opinion that the applicant for the authorisation is not competent to use or possess the restricted pesticide in respect of which the application relates without unintended harm being caused by the pesticide. The Authority may refuse to grant an authorisation for any other reasons it thinks fit.
In granting a restricted pesticide authorisation, the Environment Protection Authority may impose conditions on the use or possession of the restricted pesticide in respect of which the authorisation relates.
The Environment Protection Authority may at any time by notice in writing served on the holder of a restricted pesticide authorisation—
(a) revoke or vary any condition to which the authorisation is subject, or
(b) impose new conditions to which the authorisation is subject.
A restricted pesticide authorisation must specify—
(a) the person to whom it is granted, and
(b) the restricted pesticide in respect of which it relates, and
(c) the period of time for which it is granted, and
(d) the conditions to which it is subject.
(Repealed)
A restricted pesticide authorisation remains in force for the period specified in the authorisation unless it is sooner suspended or revoked by the Environment Protection Authority or is surrendered to the Authority.
The Environment Protection Authority may, for such reasons as it thinks fit, suspend a restricted pesticide authorisation by notice in writing given to the holder of the authorisation for such period as is specified in the notice. The Authority may, by further notice given to the authorisation holder, rescind the suspension or vary the period of suspension.
The Environment Protection Authority may, by notice in writing given to the holder of a restricted pesticide authorisation, revoke the authorisation for any of the following reasons—
(a) the holder of the authorisation supplied information that was, to the holder’s knowledge, false or misleading in a material particular in, or in connection with, the application for the authorisation,
(b) the holder of the authorisation has contravened any provision of this Act or the regulations, whether or not the holder has been convicted of an offence for the contravention,
(c) the holder of the authorisation has contravened any condition to which the authorisation is subject,
(d) if the Authority receives information about the holder of the authorisation and the Authority is of the opinion that, had the information been received at the time when an application for the authorisation was made, it would have refused the application,
(e) if the Authority receives information about a restricted pesticide and the Authority is of the opinion that, had the information been received at the time when an application for the authorisation was made, it would have refused the application.
The suspension or revocation of a restricted pesticide authorisation takes effect on the day on which the notice of the suspension or revocation is given to the holder of the authorisation (or on such later date as may be specified in the notice).
A person who is the holder of a licence or restricted pesticide authorisation must not contravene any condition to which the licence or authorisation is subject.
Maximum penalty—
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the case of an individual.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
A person must not, in connection with—
(a) an application for a licence or a restricted pesticide authorisation, or
(b) a notice of any proposed change in the particulars specified in a licence or restricted pesticide authorisation,
make any statement that the person knows to be false or misleading in a material particular.
Maximum penalty—$60,000.
A person must not make any representation to the effect that the person is the holder of a licence or restricted pesticide authorisation if the person does not hold the licence or authorisation concerned.
Maximum penalty—$60,000.
A person other than the holder of a licence or restricted pesticide authorisation must not, without reasonable excuse, have a licence or restricted pesticide authorisation in the person’s possession.
Maximum penalty—$60,000.
A person must not forge or alter a licence or restricted pesticide authorisation with intent to deceive.
Maximum penalty—$60,000.
The holder of a licence or restricted pesticide authorisation must not lend the licence or authorisation to, or allow it to be used by, any other person for any purpose for which the licence or authorisation was granted.
Maximum penalty—$60,000.
A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions—
(a) the refusal or failure by the Environment Protection Authority to grant a licence or restricted pesticide authorisation to the person,
(b) a condition imposed by the Environment Protection Authority in relation to a licence or restricted pesticide authorisation granted to the person,
(c) the suspension or revocation of a licence or restricted pesticide authorisation granted to the person.
For the purposes of this section, an application for the grant of a licence or restricted pesticide authorisation is taken to have been refused if the licence is not granted within 90 days after the application is made in accordance with this Act.
(a) the time within which a request for reasons must be made or within which the statement of reasons must be provided, and
(b) the matters to be set out in a statement of reasons, and
(c) the cases in which a statement of reasons is not required to be provided.
A person is not guilty of an offence under this Act or the regulations for any act or omission if it was done or omitted in good faith as a member of a fire brigade, a rural fire brigade, the State Emergency Service or other accredited rescue unit.
This section has effect despite anything in this Act.
In this section—
The regulations may exempt, or provide for the exemption of—
(a) any person or class of persons, or
(b) any premises or class of premises, or
(c) any area or class of areas, or
(d) any other matter or thing or class of matters or things,
from any specified provision or provisions of this Act or the regulations, in such circumstances (if any) and subject to such conditions (if any) as may be specified or referred to in the regulations.
The power to make regulations under this section is not limited by section 115.
A document authorised or required by this Act or the regulations to be served on a person may be served in any of the following ways—
(a) for service on an individual—
(i) by personal delivery to the individual, or
(ii) by post to—
(A) the address specified by the individual for service of documents generally or documents of that kind, or
(B) if the individual has not specified an address for service—the residential or business address of the individual last known to the person serving the document, or
(iii) if the individual’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the individual, at the document exchange in accordance with the usual arrangements for the exchange, or
(iv) by leaving a copy of the document, addressed to the individual—
(A) at the address specified by the individual for service of documents generally or documents of that kind, or
(B) if the individual has not specified an address for service—at the residential or business address of the individual last known to the person serving the document, or
(v) if the individual has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by means of electronic communication—by means of electronic communication, or
Examples of impliedly consenting to service of documents by means of electronic communication— previously using email to correspond with the Environment Protection Authority or including the individual’s email address on applications made, or other documents given, to the Environment Protection Authority
(vi) in another way authorised by the regulations for the service of documents generally or documents of that kind,
(b) for service on another person—
(i) by post to—
(A) the address specified by the person for service of documents generally or documents of that kind, or
(B) if the person has not specified an address for service—the business address of the person last known to the person serving the document, or
(ii) if the person’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the person, at the document exchange in accordance with the usual arrangements for the exchange, or
(iii) by leaving a copy of the document, addressed to the person—
(A) at the address specified by the person for service of documents generally or documents of that kind, or
(B) if the person has not specified an address for service—at the business address of the person last known to the person serving the document, or
(iv) if the person has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by means of electronic communication—by means of electronic communication, or
Examples of impliedly consenting to service of documents by means of electronic communication— previously using email to correspond with the Environment Protection Authority or including the person’s email address on applications made, or other documents given, to the Environment Protection Authority
(v) in another way authorised by the regulations for the service of documents generally or documents of that kind.
Nothing in this section affects the operation of another law, including the rules of a court, authorising a document to be served on a person in another way.
In this section—
A notice given or order made, or a condition of a licence or restricted pesticide authorisation, under this Act or the regulations that specifies a time by which, or a period within which, it must be complied with continues to have effect until it is complied with even though the time has passed or the period has expired.
A notice or order that does not specify a time by which, or period within which, the notice or order must be complied with continues to have effect until the notice or order is complied with.
This section does not apply to the extent that any requirement under a notice or order is revoked or a condition of a licence or restricted pesticide authorisation is revoked.
Nothing in this section affects the powers of the Environment Protection Authority with respect to the enforcement of a notice or order.
This section extends to a condition of a licence or a restricted pesticide authorisation in force on the commencement of this section.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Without affecting the generality of subsection (1), the regulations may make provision for or with respect to the following—
(a) any matter connected with licences and restricted pesticide authorisations and applications for licences and restricted pesticide authorisations, including (without limitation) the following—
(i) qualifications for licences and authorisations,
(ii) tests for applicants for licences and authorisations,
(iii) duration of licences and authorisations,
(iv) conditions of licences and authorisations,
(v) record keeping and the provision of returns and other information by the holders (or former holders) of licences and authorisations,
(vi) grounds for the refusal, suspension or revocation of licences or authorisations,
(vii) the renewal of licences,
(viii) the surrender of licences and authorisations,
(b)–(d) (Repealed)
(e) the making and keeping of records in relation to the use of pesticides,
(f) training and qualification requirements for persons engaged in the use of pesticides,
(f1) matters relating to the following requirements, including the creation of offences for failing to comply with the requirements—
(i) requirements in relation to purchasers of pesticides providing evidence of training in the use of pesticides,
(ii) requirements in relation to recording, keeping and providing information about the evidence shown by purchasers of pesticides and details of pesticide sales,
(g) the approval by the Environment Protection Authority of training courses and qualifications in relation to the use of pesticides,
(g1) the analysis, reporting and monitoring of pesticide residues by growers and suppliers of produce,
(h) fees payable under this Act or the regulations (including application fees, licence and restricted pesticide authorisation fees, and fees for the provision of information),
(i) the waiving, remittal, reduction or refund of fees payable under this Act or the regulations,
(j) standards for the application of pesticides,
(k) standards in relation to the design and construction of aerial spraying equipment and in relation to the attachment of such equipment to, and the installation of such equipment in, aircraft,
(l) the recognition in this State of licences or other authorities issued by any other State or Territory that correspond or are similar to licences under this Act,
(m) the circumstances in which any such recognised licence or other authority is taken to be a licence granted under this Act,
(n) requiring notification to be given of the proposed use of pesticides,
(o) requiring records to be kept, and information to be provided, in relation to the supply, distribution, use and disposal of pesticides,
(p) requiring any application or other information provided under this Act or the regulations to be verified by statutory declaration.
The regulations may create an offence punishable by a penalty not exceeding 500 penalty units in the case of a corporation or 250 penalty units in the case of an individual.
The regulations may apply, adopt or incorporate any publication as in force at a particular time or from time to time.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
The Pesticides Act 1978 is repealed.
Schedule 2 has effect.
(Repealed)
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Repealed)
(Section 122)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts—
• Protection of the Environment Operations Amendment Act 2005 (but only to the extent that it amends this Act)
• any other Act that amends this Act
If the regulations so provide, any such provision may—
(a) have effect despite any specified provisions of this Act (including a provision of this Schedule), and
(b) take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Regulations made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this Part—
Part 3 of this Act extends to any pesticide pollution that occurred before the commencement of that Part.
In this clause—
(a) was issued under section 22F of the former Act, and
(b) was in force immediately before the repeal of the former Act by this Act.
Subject to the regulations, an existing licence is taken to be a licence granted under this Act.
Subject to the regulations, an application for a licence made under the former Act that was not finally determined before the repeal of the former Act by this Act is taken to be an application for a licence under this Act and is to be dealt with in accordance with this Act.
In this clause—
(a) was issued under section 47 of the former Act, and
(b) was in force immediately before the repeal of the former Act by this Act.
Subject to the regulations, an existing certificate—
(a) is taken to be a certificate of competency granted under this Act, and
(b) continues in force for the unexpired portion of its term (unless it is sooner suspended or revoked or otherwise ceases to be in force under this Act), and
(c) cannot be renewed.
Subject to the regulations, an application for a certificate of competency made under the former Act that was not finally determined before the repeal of the former Act by this Act is taken to be an application for a certificate of competency under this Act and is to be dealt with in accordance with this Act.
Until such time as regulations are made to prescribe classes of insurance policies for the purposes of Division 1 of Part 6 of this Act, any insurance policy that was, immediately before the repeal of the former Act by this Act, an approved insurance policy is taken to be of a class prescribed by the regulations.
Subject to the regulations, a pesticide order made under section 27 of the former Act, or an order made under section 49A of the former Act, and that was in force immediately before the repeal of the former Act by this Act is taken to be a pesticide control order made under this Act.
Any appeal made under section 58 of the former Act that was made before the repeal of the former Act but not determined before that repeal is to be determined as if this Act had not been enacted.
Subject to the regulations, a person appointed as an inspector under section 7 of the former Act and holding office as such immediately before the repeal of the former Act by this Act is taken to be appointed as an authorised officer for the purposes of this Act.
Subject to the regulations, a person appointed as an analyst of pesticides under section 7 of the former Act and holding office as such immediately before the repeal of the former Act by this Act is taken to be appointed as an analyst for the purposes of this Act.
Divisions 1 and 5 of Part 10 of this Act extend to proceedings in connection with the former Act in respect of offences committed under the former Act before its repeal or in respect of any related matter that continues to have force or effect. This subclause applies whether the proceedings were pending on the commencement of this clause or whether the proceedings are instituted after that commencement.
Divisions 1 and 5 of Part 10 of this Act apply with such modifications as are necessary for the purposes of applying those Divisions to any such proceedings. In particular, the reference in section 73 to the Environment Protection Authority is to be read as including a reference to a person who is acting with the authority of the Minister to institute proceedings for an offence under the former Act.
The Pesticides Regulation 1995 is, on the repeal of the former Act by this Act, taken to be a regulation under this Act to the extent that it may be made under this Act.
For the purposes of Part 3 of the Subordinate Legislation Act 1989, the Pesticides Regulation 1995 is taken to have been published on the repeal of the former Act.
Until the end of 3 years after the repeal of the former Act by this Act, regulations may be made under this Act for or with respect to any matter that could be prescribed by regulations under the former Act but for its repeal.
A notice, direction, order, requirement or exemption given, issued or made under the former Act and in force on the repeal of the former Act by this Act continues to have effect to the extent provided by the regulations under this Schedule.
Any thing done under the former Act that has any force or effect immediately before its repeal by this Act is taken to have been done under the corresponding provision of this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act.
In this Part—
The Pesticides Implementation Committee established by Part 8 of this Act is abolished on the day on which that Part is repealed by the amending Act (the
A person who, immediately before the abolition day, held office as the Chairperson or Deputy Chairperson, or as a member, of the Pesticides Implementation Committee—
(a) ceases to hold that office on that day, and
(b) is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
Nothing in this clause prevents the Minister from convening one or more committees (including committees constituted with former members of the Pesticides Implementation Committee) to advise the Minister in relation to matters arising under this Act.
Section 110 (3) and (4), as inserted by the amending Act, apply in relation to the enforcement of undertakings given on or after the commencement of those provisions.
The WorkCover Authority may, despite section 271 of the Work Health and Safety Act 2011, provide such information and documents as it has obtained in connection with the exercise of its powers or functions under Part 9.1 of the former Occupational Health and Safety Regulation 2001(as continued in force by clause 65 of Schedule 18B to the Work Health and Safety Regulation 2011) as the Environment Protection Authority may require to assist the Authority to establish and maintain the licensing system under this Act.
The regulations may declare the day on which clause 65 of Schedule 18B to the Work Health and Safety Regulation 2011 ceases to apply in relation to the application of pesticides and the use of fumigants.
For the purposes of this clause, an
(a) a certificate of competency in force under this Act immediately before the day on which Schedule 1.1 [1] to the amending Act commences (the
conversion day ), and(b) a certificate of competency that had been suspended (but not revoked) immediately before the conversion day.
Subject to subclause (3), an existing certificate of competency has effect for the unexpired balance of its period of duration as if it were a restricted pesticide authorisation granted under this Act on or after the conversion day, and may be renewed, varied, revoked or suspended accordingly.
Any period of suspension of an existing certificate of competency in force immediately before the conversion day continues in force until the day it would have expired if the amending Act had not been enacted, unless sooner varied or rescinded.
An application for a certificate of competency made (but not determined) before the conversion day may be determined by the Environment Protection Authority on or after the conversion day as if it were an application for a restricted pesticide authorisation.
Any application under section 62 (whether made before, on or after the conversion day) for an administrative review under the Administrative Decisions Review Act 1997 of a decision concerning a certificate of competency may be dealt with under this Act on or after that day as if it were an application for the administrative review of a decision concerning a restricted pesticide authorisation.
Amended sections 93, 97 and 99 extend to proceedings commenced, but not finally determined, before the date this clause commences.
In this clause—
In this part—
Section 71, as amended by the amendment Act, applies to proceedings commenced but not finally determined before the commencement.
Sections 107 and 107A, as substituted or inserted by the amendment Act, apply to proceedings commenced but not finally determined before the commencement.
(Repealed)
Pesticides Act 1999 No 80. Assented to 3.12.1999. Date of commencement of Parts 1, 4 and 8, secs 40, 44, 71–73, 102, 105, 106 (1) and (2) (e), 109–113, 116, 119, 120, 122 and 123, Sch 1, cl 1 of Sch 2, Schs 3.4 [3] and [4], 3.5 [1] and 3.6 [2]–[11], 1.1.2000, sec 2 and GG No 144 of 24.12.1999, p 12189; date of commencement of remainder, 1.7.2000, sec 2 and GG No 144 of 24.12.1999, p 12189. This Act has been amended as follows—
No 53 | Statute Law (Miscellaneous Provisions) Act 2000. Assented to 29.6.2000. Date of commencement of Sch 1.19, assent, sec 2 (2). | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 2.37, assent, sec 2 (2). | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 1.21, assent, sec 2 (2). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 96 | Protection of the Environment Operations Amendment Act 2005. Assented to 24.11.2005. Date of commencement, 1.5.2006, sec 2 and GG No 58 of 28.4.2006, p 2369. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.37, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2–4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 114 | Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 1.17, assent, sec 2 (2). | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 1.29, 17.7.2009, sec 2 (2). | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.70, 9.7.2010, sec 2 (2). | |
No 63 | Protection of the Environment Legislation Amendment Act 2011. Assented to 16.11.2011. Date of commencement of Sch 3.2, 29.2.2012, sec 2 and 2012 (13) LW 20.1.2012. | |
No 89 | Primary Industries Legislation Amendment Act 2012. Assented to 20.11.2012. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 1.10, 4.7.2014, sec 2 (1). | |
No 3 | Pesticides Amendment Act 2015. Assented to 18.5.2015. Date of commencement of Sch 1.1, 1.9.2015, sec 2 and 2015 (420) LW 31.7.2015; date of commencement of Schs 1.2, 1.4 and 1.5, assent, sec 2 (2); date of commencement of Sch 1.3, 1.12.2015, sec 2 (1) and 2015 (420) LW 31.7.2015. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2.23, 1.8.2018, sec 2 (3); date of commencement of Sch 3, 14 days after assent, sec 2 (1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.31, 11.12.2020, sec 2(3). | |
No 3 | Environment Legislation Amendment Act 2022. Assented to 4.3.2022. Date of commencement, assent, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 20 | Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024. Assented to 3.4.2024. Date of commencement of Sch 4, assent, sec 2(c). |
Sec 4 | Am 2015 No 3, Schs 1.1 [2]–[4], 1.2 [1]–[5], 1.4 [2]; 2015 No 58, Sch 3.68; 2022 No 3, Sch 3[1]; 2024 No 20, Sch 4[1]. |
Sec 5 | Am 2012 No 89, Sch 3; 2015 No 3, Sch 1.2 [6]. |
Sec 5A | Ins 2015 No 3, Sch 1.1 [5]. |
Sec 5B | Ins 2015 No 3, Sch 1.1 [5]. Am 2024 No 20, Sch 4[2]. |
Sec 7 | Am 2012 No 97, Sch 1.31 [1]; 2015 No 3, Sch 1.3 [1]; 2024 No 20, Sch 4[3] [4] . |
Sec 8 | Am 2012 No 97, Sch 1.31 [2]; 2024 No 20, Sch 4[5] [6]. |
Sec 9 | Am 2012 No 97, Sch 1.31 [3]; 2018 No 25, Sch 3.12 [1]–[4]; 2024 No 20, Sch 4[7] [8]. |
Sec 10 | Am 2012 No 97, Sch 1.31 [4]; 2015 No 3, Sch 1.3 [2]. |
Sec 11 | Am 2012 No 97, Sch 1.31 [5]. |
Sec 11A | Ins 2015 No 3, Sch 1.3 [3]. |
Sec 12 | Am 2012 No 97, Sch 1.31 [6]; 2015 No 3, Sch 1.2 [7]. |
Sec 13 | Am 2012 No 97, Sch 1.31 [7]; 2015 No 3, Sch 1.2 [8]. |
Sec 14 | Am 2012 No 97, Sch 1.31 [8]. |
Sec 15 | Am 2002 No 53, Sch 1.21 [1] [2]; 2012 No 97, Sch 1.31 [9]. |
Sec 17 | Am 2012 No 97, Sch 1.31 [10]. |
Sec 19 | Am 2012 No 97, Sch 1.31 [11]. |
Sec 22 | Am 2007 No 27, Sch 1.37 [1]; 2009 No 56, Sch 1.29 [1]. |
Sec 25 | Am 2012 No 97, Sch 1.31 [12]. |
Sec 27 | Am 2007 No 27, Sch 1.37 [2]; 2009 No 56, Sch 1.29 [2]. |
Sec 38 | Am 2000 No 53, Sch 1.19 [1]; 2015 No 3, Sch 1.3 [4] [5]; 2018 No 25, Sch 2.23; 2022 No 3, Sch 3[2]–[4]; 2023 No 7, Sch 1.15[1] [2]. |
Sec 39 | Am 2009 No 106, Sch 2.26; 2012 No 97, Sch 1.31 [13]. |
Sec 41 | Am 2000 No 53, Sch 1.19 [2]; 2012 No 97, Sch 1.31 [14]. |
Sec 42 | Am 2012 No 97, Sch 1.31 [15]. |
Sec 44 | Am 2000 No 53, Sch 1.19 [3]. |
Sec 44A | Ins 2022 No 3, Sch 3[5]. |
Part 6, Div 1 | Subst 2015 No 3, Sch 1.1 [6]. |
Sec 45 | Subst 2015 No 3, Sch 1.1 [6]. |
Sec 46 | Am 2009 No 56, Sch 1.29 [3]. Subst 2015 No 3, Sch 1.1 [6]. |
Secs 47–49 | Subst 2015 No 3, Sch 1.1 [6]. |
Sec 50 | Am 2009 No 56, Sch 1.29 [4] [5]. Subst 2015 No 3, Sch 1.1 [6]. |
Secs 51–53 | Subst 2015 No 3, Sch 1.1 [6]. |
Secs 54, 55 | Rep 2015 No 3, Sch 1.1 [6]. |
Sec 56 | Am 2009 No 56, Sch 1.29 [6]. |
Sec 57 | Am 2015 No 3, Sch 1.1 [7]. |
Sec 59 | Am 2012 No 97, Sch 1.31 [16]; 2015 No 3, Sch 1.1 [8]. |
Secs 60, 61 | Am 2015 No 3, Sch 1.1 [8]. |
Sec 62 | Am 2013 No 95, Sch 2.114. |
Sec 64 | Am 2014 No 33, Sch 1.10; 2015 No 3, Sch 1.3 [6] [7]. |
Sec 65 | Am 2012 No 97, Sch 1.31 [17]; 2015 No 3, Sch 1.3 [8] [9]. |
Part 8 | Rep 2015 No 3, Sch 1.4 [3]. |
Sec 67 | Am 2000 No 53, Sch 1.19 [4]; 2010 No 59, Sch 2.70. Rep 2015 No 3, Sch 1.4 [3]. |
Sec 68 | Rep 2015 No 3, Sch 1.4 [3]. |
Sec 71 | Am 2007 No 94, Schs 2, 4; 2024 No 20, Sch 4[9]. |
Sec 72 | Am 2001 No 121, Sch 2.163. |
Sec 75 | Rep 2020 No 30, Sch 1.31[1]. |
Sec 76 | Am 2020 No 30, Sch 1.31[2]–[4]; 2024 No 20, Sch 4[10]. |
Secs 77, 78 | Rep 2020 No 30, Sch 1.31[1]. |
Sec 79 | Am 2020 No 30, Sch 1.31[5] [6]. |
Sec 80 | Am 2020 No 30, Sch 1.31[7]. |
Sec 83 | Am 2007 No 94, Sch 2. |
Sec 92 | Am 2000 No 93, Sch 2.37 [1]. |
Sec 93 | Am 2022 No 3, Sch 3[6]. |
Sec 95 | Am 2006 No 120, Sch 2.69; 2007 No 94, Sch 3. |
Sec 97 | Am 2006 No 120, Sch 2.69; 2007 No 94, Sch 2; 2022 No 3, Sch 3[7]. |
Sec 98 | Am 2007 No 94, Sch 2; 2024 No 20, Sch 4[11]. |
Sec 99 | Am 2007 No 94, Sch 3. Subst 2022 No 3, Sch 3[8]. |
Sec 102 | Am 2011 No 63, Sch 3.2; 2022 No 3, Sch 3[9]. |
Sec 105 | Am 2011 No 63, Sch 3.2; 2022 No 3, Sch 3[10]. |
Sec 106 | Am 2011 No 63, Sch 3.2; 2022 No 3, Sch 3[11]. |
Sec 107 | Am 2022 No 3, Sch 3[12]. Subst 2024 No 20, Sch 4[12]. |
Sec 107A | Ins 2024 No 20, Sch 4[12]. |
Sec 110 | Rep 2000 No 93, Sch 2.37 [2]. Ins 2015 No 3, Sch 1.3 [10]. |
Sec 111 | Am 2012 No 97, Sch 1.31 [18]. |
Sec 112 | Subst 2012 No 97, Sch 1.31 [19]. |
Secs 112A, 112B | Ins 2012 No 97, Sch 1.31 [19]. |
Sec 112C | Ins 2022 No 3, Sch 3[13]. Am 2024 No 20, Sch 4[13] [14]. |
Sec 116 | Am 2005 No 96, Sch 2.2 [1] [2]. |
Sec 118 | Subst 2024 No 20, Sch 4[15]. |
Sec 118A | Ins 2005 No 96, Sch 2.2 [3]. |
Sec 119 | Am 2008 No 114, Sch 1.17; 2015 No 3, Sch 1.1 [9] [10], 1.3 [11]; 2024 No 20, Sch 4[16]–[18]. |
Sec 123 | Rep 2003 No 82, Sch 3. |
Sch 1 | Rep 2015 No 3, Sch 1.4 [4]. |
Sch 2 | Am 2005 No 96, Sch 2.2 [4] [5]; 2015 No 3, Sch 1.5 [1]–[6]; 2022 No 3, Sch 3[14]; 2024 No 20, Sch 4[19]. |
Sch 3 | Rep 2003 No 82, Sch 3. |
The whole Act | Am 2015 No 3, Sch 1.4 [1] (the first and second dot points in each provision of the Act that specifies the maximum penalty for an offence by reference to 2 dot points renumbered as paragraphs (a) and (b)). |
The whole Act (except the definition of | Am 2015 No 3, Sch 1.1 [1] (“the certificate” (except when occurring in the expression “the certificate of competency”), “a certificate” (except when occurring in the expression“a certificate of competency”),“certificate of competency” and “certificates of competency” omitted wherever occurring, “the authorisation”, “an authorisation”, “restricted pesticide authorisation” and “restricted pesticide authorisations” inserted instead, respectively). |
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