New South Wales Consolidated Acts

FERTILISERS ACT 1985 - SECT 3A

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

(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.