Pesticides Act 1999 No 80
Part 4 Pesticide control orders
38 Making of pesticide control order
(1) The Environment Protection Authority may, with the approval of the Minister, make a pesticide control order.Note.Section 43 (2) of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power. Section 43 (3) of that Act also requires the Authority to obtain the approval of the Minister before amending or repealing an order under this section.(2) A pesticide control order may be made:(a) for any purpose relating to the protection of public health, property, the environment or trade, or(b) in order to implement a decision or policy of the National Registration Authority in relation to any pesticide.(3) A pesticide control order has no effect unless it is published in the Gazette.(4) A pesticide control order takes effect on and from the date specified in the order (being a date that is not earlier than the date the order is published in the Gazette).(5) The Environment Protection Authority is to cause a pesticide control order to be published in such newspapers and other publications as the Authority thinks appropriate.(5A) A pesticide control order may refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the order, as in force at a particular time or from time to time.(5B) The Minister may delegate the Minister’s function of granting approvals under this section to the Chairperson of the Environment Protection Authority.(6) In this section:Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth.means the National Registration Authority for Agricultural and Veterinary Chemicals established by the
39 Operation of pesticide control order
(1) A pesticide control order may:(a) prohibit or control the use of a pesticide or class of pesticide that is specified in the order, orsubject to such conditions as may be specified in the order.(b) authorise the use or possession of a restricted pesticide or class of restricted pesticide that is specified in the order,(2) A pesticide control order may prohibit or control the use of a pesticide, or authorise the use or possession of a restricted pesticide, by reference to any one or more of the following:(a) the manner in which the pesticide to which the order relates may or may not be used (including the equipment by means of which the pesticide may or may not be used),(b) the class of persons who may or may not use the pesticide,(c) the climatic conditions under which the pesticide may or may not be used,(d) the land in respect of which the pesticide may or may not be used,(e) the occasions (whether by reference to particular days of the year or particular times of the day or the year) on which the pesticide may or may not be used,(f) the concentration or application rate in which the pesticide may or may not be used,(g) requiring training in the use of the pesticide,(h) requiring records to be kept in relation to the use of the pesticide,(i) requiring notification to be given, in a specified manner, to persons in the area where a pesticide is proposed to be used,(j) requiring the erection of signs, in or about the area in which a pesticide is proposed to be used,(k) any other circumstances in which the pesticide may or may not be used,(l) any other factor or condition specified in the order.(3) A pesticide control order may impose additional requirements to those appearing on an approved label or specified in a permit. In the event of any inconsistency between the requirements imposed by an order and those appearing on an approved label or specified in a permit, the terms of the order prevail.(4) A person must not contravene 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.An offence against subsection (4) 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.