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FERTILIZERS (AMENDMENT) BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Fertilizers Act 1985 so as:
(a) to regulate the supply of substances containing prescribed kinds of sewage
sludge approved for the purpose of replacing, augmenting or improving soils
(such a substance is referred to in this Note as "an approved sludge"); and
(b) to provide for the payment of a fee by persons applying for a permit to be an
analyst for the purposes of the Act; and
(c) to increase the maximum penalties under the Act; and
(d) to make minor, ancillary and consequential amendments.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act will commence on a day or days to be
appointed by proclamation.
Clause 3 gives effect to the Schedules of amendments.
SCHEDULE 1--AMENDMENTS RELATING TO SEWAGE SLUDGE
Schedule 1 (1) amends the long title to include reference to the regulation of the
supply, and not only the sale, of soil improving agents.
Schedule 1 (2) inserts a definition of "supply" which includes sell or distribute,
agree or offer to supply, keep in possession for supply, and send, deliver or receive for
supply. The provision also inserts a definition of "sewage sludge" and amends the
definition of "soil improving agent" to include a substance containing sewage sludge
that is manufactured, represented, supplied or used as a means of replacing, augmenting
or improving soils.
Schedule 1 (3) provides that a person may apply for registration of a brand name in
relation to an approved sludge intended to be supplied for use as a soil improving agent.
Schedule 1 (5) allows the Director-General of the Department of Agriculture to
cancel the registration of a brand name in relation to an approved sludge if satisfied that
the registration is not in the public interest.
Schedule 1 (6) requires that the annual list of registered brand names include
registered particulars relating to approved sludges.
Schedule 1 (7) makes a consequential amendment.
Schedule 1 (8):
(a) prohibits the supply of an approved sludge otherwise than under a registered
brand name; and
(b) allows the Director-General to consent to such a supply and to the sale of other
soil improving agents otherwise than under a registered brand name.
Schedule 1 (9):
(a) prohibits the supply of an approved sludge under a registered business name
unless in a parcel marked with specified particulars; and
(b) allows the Director-General to consent to such a supply or to the sale of other
soil improving agents otherwise than in marked parcels and provides for other
exemptions.
Schedule 1 (10) prohibits the supply of an approved sludge under a registered brand
name unless it conforms to the registered particulars of the brand name.
Schedule 1 (11):
(a) prohibits the supply of an approved sludge unless it complies with the
prescribed composition standards; and
(b) allows the Director-General to consent to such a supply or to the sale of other
soil improving agents that do not comply.
Schedule 1 (12) prohibits a supplier from falsely representing a substance containing
sewage sludge to be a soil improving agent.
Schedule 1 (13) omits a provision relating to the sale of soil improving agents on
prescription, which is now obsolete.
Schedule 1 (14) makes a consequential amendment.
Schedule 1 (15) allows the Governor to make regulations in respect of the regulation
or prohibition of the supply of substances containing sewage sludge.
SCHEDULE 2--AMENDMENTS RELATING TO PENALTIES
Schedule 2 (1) increases the maximum penalty for the contravention of certain
provisions from $2,000 to 50 penalty units (currently $5,000).
Schedule 2 (2) and (3) increase the maximum penalty for the contravention of other
provisions from $1,000 to 20 penalty units (currently $2,000).
Schedule 2 (4) increases the maximum penalty that may be imposed for the
contravention of a regulation from $500 to 20 penalty units (currently $2,000).
Schedule 3 (1) changes references in the Act from "fertilizer" to the modern form
"fertiliser".
Schedule 3 (2) amends the definition of "analyst" to include a person granted a
permit under section 29 as substituted by Schedule 3 (6).
Schedule 3 (3) allows the Director-General to require more than one sample of a
substance to be furnished in relation to the registration of a brand name under which the
substance will be sold or supplied.
Schedule 3 (4) substitutes a reference to the repealed Public Service Act 1979 with a
reference to the Public Sector Management Act 1988.
Schedule 3 (5) increases the amount of a substance (from 1 kilogram 3 kilograms)
an inspector may take, without payment, to ascertain whether an offence has been
committed.
Schedule 3 (6) substitutes section 29 (Authority to carry out analyses) and
provides that a person who is not a member of the Public Service and who applies for a
permit to be an analyst must pay a prescribed fee for the determination of the
application.
Schedule 3 (7) omits a provision which waives the fee for an analysis if the applicant
for analysis and the analyst are both members of the Public Service.
Schedule 3 (8) preserves the appointment of analysts appointed before the
commencement of Schedule 3 (6).