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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 10:01)
Part 2 Division 1
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.