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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fertilisers Amendment Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Fertilisers Act 1985 No 5 2
4 Amendment of Fertilizers (Amendment) Act 1992 No 8 2
Schedules
1 Amendment of Fertilisers Act 1985 3
2 Amendment of Fertilizers (Amendment) Act 1992 13
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Fertilisers Amendment Bill 1999
Act No , 1999
An Act to amend the Fertilisers Act 1985 so as to discontinue the registration of
brand names for soil improving agents and to provide for the setting of composition
standards for, and the marking of parcels of, soil improving agents and trace
element products; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Fertilisers Amendment Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Fertilisers Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Fertilisers Act 1985 No 5
The Fertilisers Act 1985 is amended as set out in Schedule 1.
4 Amendment of Fertilizers (Amendment) Act 1992 No 8
The Fertilizers (Amendment) Act 1992 is amended as set out in
Schedule 2.
Page 2
Fertilisers Amendment Bill 1999
Amendment of Fertilisers Act 1985 Schedule 1
Schedule 1 Amendment of Fertilisers Act 1985
(Section 3)
[1] Long title
Omit "to provide for the registration of brand names for fertilisers and
liming materials;".
[2] Section 3 Definitions
Omit the definitions of analyst, brand name, Director of Chemistry,
register, registered, registered particulars, registered proprietor and
registration from section 3 (1).
[3] Section 3 (1), definitions of "Director-General" and "Deputy Director-
General"
Omit "Agriculture" wherever occurring.
Insert instead "the Department of Agriculture".
[4] Section 3 (1), definition of "fertiliser"
Omit the definition. Insert instead:
fertiliser has the meaning given by section 3A.
[5] Section 3A
Insert after section 3:
3A Definition of "fertiliser"
(1) For the purposes of this Act, fertiliser means:
(a) a substance that consists of or contains nitrogen,
phosphorus or potassium (or any combination of
nitrogen, phosphorus or potassium) and is
manufactured, represented, sold or used as a means for
directly or indirectly supplying nutriment for the
purpose of enhancing the development, productivity,
quality or reproductive capacity of vegetation, or
Page 3
Fertilisers Amendment Bill 1999
Schedule 1 Amendment of Fertilisers Act 1985
(b) any other substance that the Minister declares, by an
order published in the Gazette, to be a fertiliser for the
purposes of this Act.
(2) However, fertiliser does not include any substance declared by
the Minister, by an order published in the Gazette, not to be a
fertiliser for the purposes of this Act.
(3) It is the duty of the Minister, before making an order under this
section, to consult:
(a) the Minister for the Environment, and
(b) the Minister for Health, and
(c) any other Minister whom the Minister considers would
have responsibilities giving rise to an interest in being
consulted,
but failure to consult those Ministers does not invalidate any
order made.
(4) An order made by the Minister under this section must be
published in at least one newspaper circulating generally
throughout the State at the same time as, or as soon as
practicable after, it is published in the Gazette.
(5) Section 40 (Notice of statutory rules to be tabled) and section
41 (Disallowance of statutory rules) of the Interpretation Act
1987 apply to an order made under this section in the same way
as they apply to a statutory rule within the meaning of that Act.
[6] Section 4A
Insert after section 4:
4A Object of this Act
The object of this Act is to regulate the sale of soil improving
agents and trace element products so as:
(a) to protect human health by ensuring that unsafe levels
of heavy metals and other contaminants that may occur
in soil improving agents or trace element products do
not make their way into the human food chain, and
Page 4
Fertilisers Amendment Bill 1999
Amendment of Fertilisers Act 1985 Schedule 1
(b) to facilitate international trade by ensuring that
agricultural products destined for export markets
comply with requirements of international trading
partners in relation to the presence of heavy metals and
other contaminants, and
(c) to protect the environment by better informing
purchasers of the composition of soil improving agents
and trace element products and by restricting the
proportion of certain substances that soil improving
agents and trace element products may contain.
[7] Part 2 Registration of brand names
Omit the Part.
[8] Section 15 Soil improving agents to be sold under registered brand
names
Omit the section.
[9] Section 16
Omit the section. Insert instead:
16 Soil improving agents to be sold in marked parcels
(1) The Minister may, by order published in the Gazette, declare
that particulars specified in the order must be marked on a
parcel that contains a soil improving agent or a soil improving
agent of a specified class.
(2) Without limiting the generality of subsection (1), those
particulars may comprise any or all of the following:
(a) details of the quantity of soil improving agent contained
in the parcel,
(b) in the case of a soil improving agent that is a fertiliser,
the respective proportion in which nitrogen, phosphorus
or potassium or any other element (or any form of
nitrogen, phosphorus or potassium or any other element)
occurs in the fertiliser,
Page 5
Fertilisers Amendment Bill 1999
Schedule 1 Amendment of Fertilisers Act 1985
(c) in the case of a soil improving agent that is a liming
material, the respective proportion in which calcium,
magnesium or sulphur or any other element (or any
form of calcium, magnesium or sulphur or any other
element) occurs in the liming material,
(d) warning labels.
(3) A dealer must not sell a soil improving agent unless the soil
improving agent is contained in a parcel that is marked with the
particulars (if any) required by an order made under this
section that is in force.
Maximum penalty: 20 penalty units.
(4) However, it is not an offence to sell a soil improving agent that
has not been marked with those particulars:
(a) if the soil improving agent is sold to a dealer, or
(b) if, in the case where the soil improving agent comprised
in the sale consists of a bulk lot of 90 kilograms or
more, at or before the delivery of that bulk lot the
person to whom the soil improving agent is sold is
provided with an invoice or any other document
containing the same particulars as would otherwise be
required to be marked on the parcel, or
(c) if, in the case where the soil improving agent has been
formulated to the prescription of the person to whom it
is sold, at or before the delivery the person to whom the
soil improving agent is sold is provided with an invoice
or any other document containing the same particulars
as would otherwise be required to be marked on the
parcel.
(5) An order made by the Minister under this section must be
published in at least one newspaper circulating generally
throughout the State at the same time as, or as soon as
practicable after, it is published in the Gazette.
(6) Section 40 (Notice of statutory rules to be tabled) and section
41 (Disallowance of statutory rules) of the Interpretation Act
1987 apply to an order made under this section in the same way
as they apply to a statutory rule within the meaning of that Act.
Page 6
Fertilisers Amendment Bill 1999
Amendment of Fertilisers Act 1985 Schedule 1
[10] Section 17
Omit the section. Insert instead:
17 Soil improving agents to conform to marked particulars
(1) This section applies to any soil improving agent in relation to
which an order is in force under section 16 (declaring that
particulars specified in the order must be marked on a parcel
that contains the soil improving agent or a soil improving agent
of its class).
(2) A dealer must not sell a soil improving agent to which this
section applies unless the soil improving agent conforms to the
particulars required to be marked on the parcel (or permitted to
be marked on an invoice or other document) that are in fact so
marked.
Maximum penalty: 50 penalty units.
(3) For the purposes of this section, any particular that takes the
form of a warning label, or instructions for use, is to be
disregarded.
[11] Section 18
Omit the section. Insert instead:
18 Soil improving agents to comply with composition standards
(1) The Minister may, by order published in the Gazette, declare
that a soil improving agent, or a soil improving agent of a class
specified in the order, must not contain more than a specified
maximum concentration or proportion of any specified
component (a composition standard).
(2) A dealer must not sell a soil improving agent unless the soil
improving agent complies with the composition standards (if
any) that apply to it as a result of an order made under this
section that is in force.
Maximum penalty: 50 penalty units.
Page 7
Fertilisers Amendment Bill 1999
Schedule 1 Amendment of Fertilisers Act 1985
(3) However, it is not an offence to sell a soil improving agent that
does not comply with the composition standards applying to it
if the soil improving agent is sold to a dealer.
(4) It is the duty of the Minister, before making an order under this
section, to consult:
(a) the Minister for the Environment, and
(b) the Minister for Health, and
(c) any other Minister whom the Minister considers would
have responsibilities giving rise to an interest in being
consulted,
but failure to consult those Ministers does not invalidate any
order made.
(5) An order made by the Minister under this section must be
published in at least one newspaper circulating generally
throughout the State at the same time as, or as soon as
practicable after, it is published in the Gazette.
(6) Section 40 (Notice of statutory rules to be tabled) and section
41 (Disallowance of statutory rules) of the Interpretation Act
1987 apply to an order made under this section in the same
way as they apply to a statutory rule within the meaning of that
Act.
[12] Section 20 Information concerning soil improving agents sold on
prescription
Omit the section.
[13] Section 21
Omit the section. Insert instead:
21 Trace element products to be sold in marked parcels
(1) The Minister may, by order published in the Gazette, declare
that particulars specified in the order must be marked on a
parcel that contains a specified trace element product or a trace
element product of a specified class.
Page 8
Fertilisers Amendment Bill 1999
Amendment of Fertilisers Act 1985 Schedule 1
(2) Without limiting the generality of subsection (1), those
particulars may comprise any or all of the following:
(a) details of the quantity of trace element product
contained in the parcel,
(b) the respective proportion in which each trace element or
any other element (or any form of each trace element or
any other element) occurs in the trace element product,
(c) warning labels.
(3) A dealer must not sell a trace element product unless the trace
element product is contained in a parcel that is marked with the
particulars (if any) required by an order made under this section
that is in force.
Maximum penalty: 20 penalty units.
(4) However, it is not an offence to sell a trace element product
that has not been marked with those particulars:
(a) if the trace element product is sold to a dealer, or
(b) if, in the case where the trace element product
comprised in the sale consists of a bulk lot of 90
kilograms or more, at or before the delivery of that bulk
lot the person to whom the trace element product is sold
is provided with an invoice or any other document
containing the same particulars as would otherwise be
required to be marked on the parcel,
(c) if, in the case where the trace element product has been
formulated to the prescription of the person to whom it
is sold, at or before the delivery the person to whom the
trace element product is sold is provided with an
invoice or any other document containing the same
particulars as would otherwise be required to be marked
on the parcel.
(5) An order made by the Minister under this section must be
published in at least one newspaper circulating generally
throughout the State at the same time as, or as soon as
practicable after, it is published in the Gazette.
Page 9
Fertilisers Amendment Bill 1999
Schedule 1 Amendment of Fertilisers Act 1985
(6) Section 40 (Notice of statutory rules to be tabled) and section
41 (Disallowance of statutory rules) of the Interpretation Act
1987 apply to an order made under this section in the same way
as they apply to a statutory rule within the meaning of that Act.
[14] Sections 22A and 22B
Insert after section 22:
22A Trace element products to conform to marked particulars
(1) This section applies to any trace element product in relation to
which an order is in force under section 21 (declaring that
particulars specified in the order must be marked on a parcel
that contains the trace element product or a trace element
product of its class).
(2) A dealer must not sell a trace element product to which this
section applies unless the trace element product conforms to
the particulars required to be marked on the parcel (or
permitted to be marked on an invoice or other document) that
are in fact so marked.
Maximum penalty: 50 penalty units.
(3) For the purposes of this section, any particular that takes the
form of a warning label, or instructions for use, is to be
disregarded.
22B Trace element products to comply with composition standards
(1) The Minister may, by order published in the Gazette, declare
that a trace element product, or a trace element product of a
class specified in the order, must not contain more than a
specified maximum concentration or proportion of any
specified component (a composition standard).
(2) A dealer must not sell a trace element product unless the trace
element product complies with the composition standards (if
any) that apply to it as a result of an order made under this
section that is in force.
Maximum penalty: 50 penalty units.
(3) However, it is not an offence to sell a trace element product
that does not comply with the composition standards applying
to it if the trace element product is sold to a dealer.
Page 10
Fertilisers Amendment Bill 1999
Amendment of Fertilisers Act 1985 Schedule 1
(4) It is the duty of the Minister, before making an order under this
section, to consult:
(a) the Minister for the Environment, and
(b) the Minister for Health, and
(c) any other Minister whom the Minister considers would
have responsibilities giving rise to an interest in being
consulted,
but failure to consult those Ministers does not invalidate any
order made.
(5) An order made by the Minister under this section must be
published in at least one newspaper circulating generally
throughout the State at the same time as, or as soon as
practicable after, it is published in the Gazette.
(6) Section 40 (Notice of statutory rules to be tabled) and section
41 (Disallowance of statutory rules) of the Interpretation Act
1987 apply to an order made under this section in the same
way as they apply to a statutory rule within the meaning of that
Act.
[15] Part 4
Omit "and analysts" from the heading to the Part.
[16] Sections 2932
Omit the sections.
[17] Section 37
Omit the section. Insert instead:
37 Evidentiary certificates
In any legal proceedings, a certificate that purports to have
been signed by the Director-General or a Deputy Director-
General and that states that, on a date, or during a period,
specified in the certificate, a specified person was or was not an
inspector is, without proof of the signature of the person by
whom the certificate purports to have been signed, evidence
(unless evidence is adduced to the contrary) of the fact so
stated.
Page 11
Fertilisers Amendment Bill 1999
Schedule 1 Amendment of Fertilisers Act 1985
[18] Section 42 Regulations
Omit section 42 (1) (a)(i). Insert instead:
(a) the functions of inspectors,
[19] Schedule 2 Savings and transitional provisions
Omit clauses 36 and Part 2.
Page 12
Fertilisers Amendment Bill 1999
Amendment of Fertilizers (Amendment) Act 1992 Schedule 2
Schedule 2 Amendment of Fertilizers (Amendment) Act
1992
(Section 4)
[1] Schedule 1 Amendments relating to sewage sludge
Omit Schedule 1 (1). Insert instead:
(1) Long title:
From the long title, omit "to regulate the sale of fertilisers,
liming materials", insert instead "to regulate the sale or supply
of soil improving agents".
[2] Schedule 1
Omit Schedule 1 (2) (a), (b) and (d), (3), (4), (5), (6), (8)(11) and (13).
Page 13
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