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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 17 August 2017 at 20:07)
Part 6 Division 2
Division 2 Restricted pesticide authorisations
56   Application for restricted pesticide authorisation
(1)  A person may apply to the Environment Protection Authority for a restricted pesticide authorisation authorising the person to use or possess a restricted pesticide to which the authorisation relates.
(2)  An application for an authorisation must:
(a)  be in the form approved by the Authority, and
(b)  be accompanied by the fee (if any) prescribed by the regulations.
57   Granting of restricted pesticide authorisation
(1)  The Environment Protection Authority may determine an application for a restricted pesticide authorisation by granting an authorisation to the applicant.
(2)  The Environment Protection Authority may refuse to grant a restricted pesticide authorisation if it is of the opinion that the applicant for the authorisation is not competent to use or possess the restricted pesticide in respect of which the application relates without unintended harm being caused by the pesticide. The Authority may refuse to grant an authorisation for any other reasons it thinks fit.
(3)  In granting a restricted pesticide authorisation, the Environment Protection Authority may impose conditions on the use or possession of the restricted pesticide in respect of which the authorisation relates.
(4)  The Environment Protection Authority may at any time by notice in writing served on the holder of a restricted pesticide authorisation:
(a)  revoke or vary any condition to which the authorisation is subject, or
(b)  impose new conditions to which the authorisation is subject.
(5)  A restricted pesticide authorisation must specify:
(a)  the person to whom it is granted, and
(b)  the restricted pesticide in respect of which it relates, and
(c)  the period of time for which it is granted, and
(d)  the conditions to which it is subject.
(6)    (Repealed)
(7)  A restricted pesticide authorisation remains in force for the period specified in the authorisation unless it is sooner suspended or revoked by the Environment Protection Authority or is surrendered to the Authority.
58   Suspension or revocation of restricted pesticide authorisation
(1)  The Environment Protection Authority may, for such reasons as it thinks fit, suspend a restricted pesticide authorisation by notice in writing given to the holder of the authorisation for such period as is specified in the notice. The Authority may, by further notice given to the authorisation holder, rescind the suspension or vary the period of suspension.
(2)  The Environment Protection Authority may, by notice in writing given to the holder of a restricted pesticide authorisation, revoke the authorisation for any of the following reasons:
(a)  the holder of the authorisation 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 authorisation,
(b)  the holder of the authorisation has contravened any provision of this Act or the regulations, whether or not the holder has been convicted of an offence for the contravention,
(c)  the holder of the authorisation has contravened any condition to which the authorisation is subject,
(d)  if the Authority receives information about the holder of the authorisation and the Authority is of the opinion that, had the information been received at the time when an application for the authorisation was made, it would have refused the application,
(e)  if the Authority receives information about a restricted pesticide and the Authority is of the opinion that, had the information been received at the time when an application for the authorisation was made, it would have refused the application.
(3)  The suspension or revocation of a restricted pesticide authorisation takes effect on the day on which the notice of the suspension or revocation is given to the holder of the authorisation (or on such later date as may be specified in the notice).