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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 23 June 2017 at 04:46)
Part 2
Part 2 Control of pesticides
Division 1 Wilful or negligent misuse of pesticides
7   Injury to persons or damage to property resulting from pesticide use
(1)  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)  $250,000 in the case of a corporation, or
(b)  $120,000 in the case of an individual.
Note.
 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.
(1A)  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).
(2) “On-farm” exception 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.
8   Harm to animals or plants resulting from pesticide use
(1)  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)  $250,000 in the case of a corporation, or
(b)  $120,000 in the case of an individual.
Note.
 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.
(2) “On-farm”/residential premises exception 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.
9   Material harm to endangered, vulnerable or protected animals
(1)  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 Threatened Species Conservation Act 1995, or
(b)  any protected fauna within the meaning of the National Parks and Wildlife Act 1974.
Maximum penalty:
(a)  $250,000 in the case of a corporation, or
(b)  $120,000 in the case of an individual.
Note.
 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.
(2)  For the purposes of subsection (1), the following matters are taken to be relevant in determining whether the harm to any such animal or protected fauna is material:
(a)  the number of animals harmed,
(b)  the type of animals harmed,
(c)  the local population of the type of animal harmed.
(3)  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 protected fauna is material.
Division 2 Misuse of pesticides
10   Injury to persons or damage to property resulting from pesticide use
(1)  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.
Note.
 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.
(1A)  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).
(2) “On-farm” exception 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.
(3) “Due diligence” defence 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.
11   Harm to animals or plants resulting from pesticide use
(1)  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.
Note.
 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.
(2) “On-farm”/residential premises exception 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.
(3) “Due diligence” defence 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.
11A   Harm to companion animals resulting from pesticide use
(1)  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.
(2)  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.
(3)  In this section:
companion animal has the same meaning as in the Companion Animals Act 1998.
Division 3 General offences relating to control of pesticides
12   Possession of unregistered pesticide
(1)  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.
Note.
 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.
(2)  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.
13   Use of unregistered pesticide
(1)  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.
Note.
 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.
(2)  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.
14   Requirement to read approved label and permit
(1)  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.
(2)  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.
Note.
 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.
(3)  If a pesticide is mixed with any other substance, any requirement under subsection (1) or (2) in relation to that pesticide is not affected.
Note.
 The mixing of a pesticide with another substance still means that the approved label or permit for the pesticide must be read.
15   Using pesticide contrary to approved label
(1)  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.
Note.
 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.
(2)  If a registered pesticide is mixed with any other substance, the requirement under subsection (1) in relation to the pesticide is not affected.
Note.
 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.
(3) Defences 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.
(4)  For the purposes of subsection (3), a relevant instruction means an instruction that relates to any of the following matters:
(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.
16   Keeping pesticides in container without approved label
(1)  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.
(2)  If a registered pesticide is mixed with any other substance, the requirement under subsection (1) in relation to the pesticide is not affected.
17   Use or possession of restricted pesticides
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.
Note.
 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.