New South Wales Consolidated Acts

FERTILISERS ACT 1985 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"approved" means approved for the time being by the Director-General.
"certificate of identification" means a certificate of identification referred to in section 24 (1).
"dealer" means a person who carries on the business of importing, manufacturing, selling or otherwise dealing in soil improving agents or trace element products, whether or not the person carries on any other business.
"Department" means the Department of Primary Industries.
"Deputy Director-General" means a Deputy Director-General of the Department.
"Director-General" means the Director-General of the Department.
"dolomite" means an artificially prepared or naturally occurring mixture of carbonates, oxides or hydroxides of calcium and magnesium.
"fertiliser" has the meaning given by section 3A.
"gypsum" means the sulphate salt of calcium in either hydrated or anhydrous form.
"inspector" means a person for the time being:

(a) appointed as an agricultural inspector under section 23 (1), or

(b) authorised to exercise the functions of an inspector under section 23 (2).

"lime" means an oxide, hydroxide or carbonate compound of calcium.
"liming material" means a substance that:

(a) consists of or contains dolomite, gypsum, lime or magnesite, and

(b) is manufactured, represented, sold or used as a means for directly or indirectly affecting the nature or composition of soil or any other matter in which vegetation is grown.

"magnesite" means an oxide, hydroxide or carbonate compound of magnesium.
"parcel" includes sack, bag, barrel, case, package and any other container.
"premises" includes land, place, vehicle and vessel.
"regulation" means a regulation made under this Act.
"sell" includes:

(a) auction or exchange,

(b) offer, expose, supply or receive for sale,

(c) send, forward or deliver for sale or on sale,

(d) cause, permit or suffer the doing of an act referred to in paragraph (a), (b) or (c),

(e) offer or attempt to do an act so referred to, and

(f) have in possession for sale.

"soil improving agent" means:

(a) a fertiliser, or

(b) a liming material.

"trace element" means boron, cobalt, copper, iron, magnesium, manganese, molybdenum, selenium or zinc or any other prescribed element.
"trace element product" means a substance that:

(a) consists of or contains a trace element, or any compound thereof, and

(b) is manufactured, represented, sold or used as a means for directly or indirectly:

(i) supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or

(ii) affecting the nature or composition of soil or any other matter in which vegetation is grown,

but does not include a soil improving agent.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.