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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 April 2017 at 17:53)
Part 3 Division 3
Division 3 Prevention notices
23   Meaning of environmentally unsatisfactory manner
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.
24   Preventive action
(1)  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).
(2)  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.
(3)  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.
(4)  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.
(5)  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.
25   Offence
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.
Note.
 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.
26   Commencement of operation of prevention notice or variation of prevention notice
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.
27   Fee
(1)  The purpose of this section is to enable the Environment Protection Authority to recover the administrative costs of preparing and giving prevention notices.
(2)  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.
(2A)  No fee is payable in relation to the revocation or variation of a prevention notice.
(3)  The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.
(3A)  The Environment Protection Authority may waive payment of the whole or any part of the fee.
(4)  The fee is not payable during the currency of an appeal against the prevention notice.
(5)  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.
(6)  A person who does not pay the fee within the time provided under this section is guilty of an offence.
Maximum penalty: $20,000.