New South Wales Consolidated Acts

FERTILISERS ACT 1985 - SECT 16

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,

(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.