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Contents (1999 - 80)
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Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 24 April 2017 at 21:10)
Part 1 Section 4
4   Definitions
(1)  In this Act:
agricultural farm land includes a timber plantation.
aerial spraying equipment means equipment attached to, or forming part of, an aircraft, being equipment that is manufactured, adapted or used for the purpose of facilitating the use of pesticides from the aircraft.
Agvet Code means the provisions applying because of section 5 of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994.
animal has the same meaning as in the Agvet Code.
Note.
 The definition in the Agvet Code is as follows:
animal” means any animal (other than a human being), whether vertebrate or not, and whether a food-producing species or not, and includes:
(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.
approved label, in relation to a pesticide, means any label approved under Part 2 of the Agvet Code for or in respect of the pesticide.
Note.
 The term “label” in the Agvet Code includes tag, leaflet, brand, stamp, mark, stencil or written statement.
authorised officer means a person appointed by the Environment Protection Authority under Part 7.2 of the Protection of the Environment Operations Act 1997 as an authorised officer for the purposes of this Act.
container has the same meaning as in the Agvet Code.
Note.
 
The definition in the Agvet Code is as follows:
container includes anything by which or in which a chemical product is, or is to be, covered, enclosed, contained or packaged, but does not include a container (such as a shipping container) in which other containers of chemical products are, or are to be, placed for the purpose of being transported.
environment means components of the earth, including:
(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).
Environment Protection Authority (or Authority) means the Environment Protection Authority constituted under the Protection of the Environment Administration Act 1991.
exercise a function includes perform a duty.
function includes a power, authority or duty.
harm an animal or plant includes poison, injure, contaminate, infect, distress, maim, impair or kill the animal or plant.
injury to a person includes any kind of physical or psychological injury whether temporary or permanent, including conditions such as nausea, allergic reaction, dizziness, headache, stress, and running nose or eyes.
instruction has the same meaning as in the Agvet Code.
Note.
 The definition in the Agvet Code is as follows:
instruction” includes direction, caution, warning or recommendation.
licence means a licence in force under this Act.
non-target animal, in relation to the use of a pesticide, means any animal that is not specified on an approved label or permit for the pesticide as being an animal in respect of which the pesticide may be used.
non-target plant, in relation to the use of a pesticide, means any plant that is not specified on the approved label or permit for the pesticide as being a plant in respect of which the pesticide may be used.
occupier of premises means the person who has the management or control of the premises.
permit means a permit under Part 7 of the Agvet Code, and includes a permit that is taken to have been issued by operation of section 45B or 47D of the Code.
Note.
 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.
pest has the same meaning as in the Agvet Code.
Note.
 The definition in the Agvet Code is as follows:
pest” means:
(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.
pesticide—see section 5.
pesticide control order means an order made under Part 4.
pesticide pollution means any harm or risk of harm to any person, property, the environment or trade that is caused by the use of a pesticide.
plant has the same meaning as in the Agvet Code.
Note.
 The definition in the Agvet Code is as follows:
plant” means any vegetation or fungus and includes a seed or cutting of a plant, or any other part or product of a plant.
possession of a pesticide or other thing includes any case in which a person:
(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.
premises includes:
(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.
prescribed pesticide work—see section 5A.
property (except in Part 10) includes:
(a)  any premises, or
(b)  livestock, or
(c)  agricultural crops or other produce.
public authority means a public or local authority constituted by or under an Act, and includes:
(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.
registered pesticide means a pesticide that is registered under Part 2 of the Agvet Code.
relevant legislation means:
(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.
reserved chemical product has the same meaning as in the Agvet Code.
Note.
 
The term reserved chemical product is defined in the Agvet Code to mean a chemical product that is, or is included in a class of chemical products that is, specified in the Reserved Schedule. A reserved chemical product is not required to be registered, but its possession, custody or use is subject to conditions specified by the Reserved Schedule.
Reserved Schedule has the same meaning as in the Agvet Code.
Note.
 
The term Reserved Schedule is defined in the Agvet Code to mean the schedule contained in the regulations under section 56ZU of the Code.
restricted pesticide means a pesticide that is a restricted chemical product within the meaning of the Agvet Code.
Note.
 The term “restricted chemical product” is defined in the Agvet Code as a chemical product declared by regulations made for the purposes of section 93 of the Code to be a restricted chemical product.
restricted pesticide authorisation means a restricted pesticide authorisation in force under this Act.
substance has the same meaning as in the Agvet Code.
Note.
 
The definition in the Agvet Code is as follows:
substance includes:
(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.
unregistered pesticide means a pesticide that is not registered under Part 2 of the Agvet Code, and includes a pesticide the registration or approval of which has been suspended or cancelled under Part 2 of the Code.
use a pesticide includes:
(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.
(2)  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.
(3)  Notes included in this Act do not form part of this Act.