You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1999 - 80)
Skip contents
Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 23 June 2017 at 09:55)
Part 6 Division 1
Division 1 Licensing of prescribed pesticide work
45   Requirement for licence
(1)  A person must not carry out prescribed pesticide work unless the person is the holder of a licence that authorises the person to carry out that kind of work.
Maximum penalty: $60,000.
(2)  A person must not employ or engage any other person (an agent) to carry out prescribed pesticide work unless the agent also holds a licence that authorises the agent to carry out the work that the agent is employed or engaged to carry out.
Maximum penalty:
(a)  $120,000 in the case of a corporation, or
(b)  $60,000 in the case of an individual.
46   Authority granted by licence
(1)  The kinds of licences that are prescribed by the regulations may be granted and held under this Act.
(2)  A licence authorises the holder of the licence to carry out, in accordance with this Act and the conditions of the licence, the kind of prescribed pesticide work specified by the regulations for that kind of licence.
(3)  The authorisation conferred by a licence is subject to this Act and the regulations.
47   Application for licence
(1)  A person may apply to the Environment Protection Authority for a licence.
(2)  An application must:
(a)  be in the form and manner approved by the Authority or prescribed by the regulations, and
(b)  be accompanied by the fee prescribed by the regulations.
(3)  An application for a licence must:
(a)  specify the name and address of the applicant, and
(b)  specify the kind of licence that is being sought, and
(c)  if required by the regulations—be accompanied by evidence that the applicant holds an insurance policy of a class prescribed by the regulations (or is eligible to hold such an insurance policy), and
(d)  be accompanied by such other information or particulars as are required by the regulations.
48   Further information
(1)  The Environment Protection Authority may, by written notice served on the applicant for the licence, require the applicant to provide the Authority with such information as it considers necessary or relevant to the application, and that is specified in the notice, by a date so specified.
(2)  If an applicant fails to comply with the requirements of a notice served under subsection (1) or, in purported compliance with a notice so served, provides information that, in the opinion of the Authority, is inadequate, the Authority may refuse to grant the licence.
49   Grant of licence
(1)  The Environment Protection Authority may determine an application for a licence by granting a licence to the applicant.
(2)  The Authority may refuse to grant a licence to an applicant for a licence:
(a)  if the Authority is of the opinion that the applicant is not a fit and proper person to hold the licence, or
(b)  if the applicant does not hold the qualifications prescribed by, or determined in accordance with, the regulations for the kind of licence, or
(c)  if the applicant does not hold an insurance policy of a class prescribed by the regulations (or is not eligible to hold such a policy) for the licence concerned, or
(d)  in such other circumstances as may be prescribed by the regulations.
50   Licence conditions
(1)  A licence is subject to the following conditions:
(a)  any condition prescribed by the regulations,
(b)  any condition imposed on the licence by the Environment Protection Authority under this Act at the time the licence is granted or subsequently.
(2)  The Authority may, at any time, by notice in writing served on the holder of the licence:
(a)  revoke or vary any condition to which the licence is subject that it has imposed, or
(b)  impose new conditions to which the licence is subject.
(3)  The Authority may impose, revoke or vary conditions on a licence for such reasons, and in such circumstances, as the Authority considers appropriate or necessary.
51   Duration and renewal of licence
(1)  Subject to the regulations, a licence may be granted for a fixed term or for no fixed term.
(2)  If a licence is granted for a fixed term, the licence remains in force for the term specified in the licence, unless sooner surrendered to or revoked by the Environment Protection Authority or it otherwise ceases to be in force.
(3)  If a licence is granted for no fixed term, it remains in force until it is surrendered to or revoked by the Authority or it otherwise ceases to be in force.
(4)  In any case, a licence is taken not to be in force for the purposes of this Act during any period in which it is suspended.
(5)  A licence is, while it remains in force, subject to any variations made to the licence under this Act.
(6)  A person may apply to the Authority for the renewal of a licence in accordance with the regulations.
52   Suspension or revocation of licence
(1)  The Environment Protection Authority may, for such reasons as it thinks fit, suspend a licence.
(2)  The Authority may revoke a licence:
(a)  if the holder of the licence ceases to have the qualifications prescribed by the regulations for the type of licence concerned, or
(b)  if the holder of the licence ceases to hold an insurance policy prescribed by the regulations for the licence, or
(c)  if the holder of the licence supplied information that was, to the holder’s knowledge, false or misleading in a material particular in, or in connection with, the application for the licence, or
(d)  if the holder of the licence has contravened any provision of relevant legislation, whether or not the holder has been convicted of an offence for the contravention, or
(e)  if the holder of the licence has contravened any condition to which the licence is subject, or
(f)  if the Authority is of the opinion that the holder of the licence is no longer a fit and proper person to hold the licence, or
(g)  if the Authority receives information about the holder of the licence and the Authority is of the opinion that, had the information been received at the time when an application for the licence was made, it would have refused the application, or
(h)  if the holder of the licence voluntarily surrenders the licence to the Authority, or
(i)  on such other grounds as may be prescribed by the regulations.
(3)  Before suspending or revoking a licence, the Authority:
(a)  must cause written notice of the proposed suspension or revocation to be given to the holder of the licence, and
(b)  must give the holder of the licence a reasonable opportunity to make representations to the Authority in relation to the proposed suspension or revocation, and
(c)  must have regard to any representations so made.
(4)  If, after having regard to any representations made by the holder of the licence, the Authority decides to proceed with the proposed suspension or revocation, the Authority must give to the holder of the licence a written notice:
(a)  stating that the licence is suspended or revoked, and
(b)  in the case of a suspension, specifying the period for which the licence is suspended, and
(c)  giving reasons for the suspension or revocation.
(5)  The suspension or revocation of a licence takes effect on the day on which the notice of the suspension or revocation is given to the holder of the licence (or on such later date as may be specified in the notice).
(6)  Subsections (3)–(5) do not apply if the Authority revokes a licence that has been voluntarily surrendered to it by the holder of the licence.
53   Register of licences
(1)  The Environment Protection Authority is to keep a Register of Licences.
(2)  The Register may be kept in such form as the Authority considers appropriate.
(3)  The Authority is to record on the Register:
(a)  in relation to each licence that is in force:
(i)  the name and address of the holder of the licence and the date it was granted, and
(ii)  the type and number of the licence, and
(iii)  the expiry date of the licence (if any), and
(iv)  the status of the licence, and
(v)  such other information as may be prescribed by the regulations, and
(b)  in relation to each suspended or revoked licence:
(i)  the name and address of the holder of the licence and the date it was suspended or revoked, and
(ii)  the type and number of the licence, and
(iii)  such other information as may be prescribed by the regulations.
(4)  The Authority is to ensure that information kept on the Register is up to date.
(5)  The Authority may correct any error in or omission from the Register.
(6)  Subject to the regulations, the Authority may arrange for such information recorded in the Register as it considers appropriate to be published on the Internet for public access.
(7)  The information referred to in subsection (6) may also be provided to members of the public in any other manner approved by the Authority.
(8)  The regulations may make provision for or with respect to the information that may be provided to the members of the public under this section (including the kind of information that may or may not be provided).
(9)  Section 57 of the Privacy and Personal Information Protection Act 1998 does not apply to the Register or to information in the Register that is published or provided to members of the public under this section.
54, 55   (Repealed)