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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 01:45)
Part 11
Part 11 Miscellaneous
114   Appeals to Land and Environment Court against certain decisions
(1)  A person who is aggrieved by:
(a)  a prevention notice under Division 3 of Part 3 (or the variation of such a notice), or
(b)  a direction under section 42, or
(c)  a notice under section 64, or
(d)  an order under section 65,
that is given to or served on the person may appeal to the Land and Environment Court against the notice, order or direction within 21 days (or such other period as may be prescribed by the regulations) after the giving or serving of the notice, direction or order concerned.
(2)  The lodging of an appeal does not, except to the extent that the Land and Environment Court otherwise directs in relation to the appeal, operate to stay action on the matter appealed against.
(3)  The decision of the Land and Environment Court on an appeal under this section is final and binding on the appellant and the person whose decision is the subject of the appeal.
115   Exemptions by Environment Protection Authority in emergencies and other situations
(1)  The Environment Protection Authority may exempt any person or class of persons from any specified provision or provisions of this Act or the regulations, in the circumstances referred to in subsection (2).
(2)  An exemption may be granted in:
(a)  an emergency (including, for example, where an area is being plagued by pests), or
(b)  circumstances where:
(i)  the Authority is satisfied that it is not practicable to comply with the relevant provision or provisions, and
(ii)  the Authority is satisfied that non-compliance with the provision or provisions will not have any significant adverse effect on public health, property, the environment or trade, and
(iii)  the Board of the Environment Protection Authority approves the granting of the exemption.
(3)  If the regulations prescribe the manner in which an exemption is to be applied for, the exemption must be applied for in that manner.
(4)  An exemption:
(a)  is effected by order made by the Environment Protection Authority and published in the Gazette, and
(b)  takes effect from the date the order is published in the Gazette or a later date specified in the order, and
(c)  has effect for the period specified in the order.
(5)  In the case of an exemption granted in an emergency, the order may take effect when it is made or on a later date specified in the order. The order is to be published in the Gazette as soon as practicable after it is made.
(6)  An exemption may be unconditional or may be subject to conditions specified in the order.
(7)  An exemption may be revoked, varied or renewed by a further order made and published in accordance with this section.
(8)  An exemption may not be granted or renewed so as to have effect for a total period exceeding 5 years. A further exemption granted within 5 years after the expiry of an earlier exemption (being a further exemption that is the same in substance as the earlier exemption) is to be treated as a renewed exemption for the purposes of this subsection.
(9)  If an exemption is granted, any person may make a written request to the Environment Protection Authority for the reasons for the exemption and the Authority is to provide a written statement of the reasons to the person. The regulations may make provision with respect to any such statement of reasons, including:
(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.
116   Exemption for fire brigades and other emergency services
(1)  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.
(2)  This section has effect despite anything in this Act.
(3)  In this section:
accredited rescue unit has the same meaning as it has in the State Emergency and Rescue Management Act 1989.
117   Exemptions by regulation
(1)  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.
(2)  The power to make regulations under this section is not limited by section 115.
118   Service of notices
(1)  For the purposes of this Act, any notice or other document may be issued or given to a person, or may be served on a person:
(a)  by delivering it personally to the person, or
(b)  by delivering it to the place of residence or business of the person and by leaving it there for the person with some other person, or
(c)  by posting it duly stamped and addressed to the person at the place last shown in the records of the Environment Protection Authority as the person’s place of residence or business, or
(d)  by posting it duly stamped and addressed to the person at the place indicated by the person as an address to which correspondence may be posted (including for example a post office box), or
(e)  by sending it by facsimile or electronic transmission (including for example the Internet) to the person in accordance with arrangements indicated by the person as appropriate for transmitting documents to the person, or
(f)  by leaving it addressed to the person at a document exchange or other place (in accordance with usual arrangements for the exchange or other place) indicated by the person as an exchange or place through which correspondence may be forwarded to the person.
(2)  This section does not affect any other mode of issuing, giving or serving a notice or other document under any other law.
118A   Continuing effect of notices, orders and conditions
(1)  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.
(2)  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.
(3)  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.
(4)  Nothing in this section affects the powers of the Environment Protection Authority with respect to the enforcement of a notice or order.
(5)  This section extends to a condition of a licence or a restricted pesticide authorisation in force on the commencement of this section.
119   Regulations
(1)  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.
(2)  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,
(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.
(3)  The regulations may create an offence punishable by a penalty not exceeding 400 penalty units in the case of a corporation or 200 penalty units in the case of an individual.
(4)  The regulations may apply, adopt or incorporate any publication as in force at a particular time or from time to time.
120   Act to bind Crown
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.
121   Repeal of Pesticides Act 1978
The Pesticides Act 1978 is repealed.
122   Savings, transitional and other provisions
Schedule 2 has effect.
123   (Repealed)
124   Review of Act
(1)  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.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  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.