New South Wales Consolidated Acts

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PESTICIDES ACT 1999

- As at 15 January 2016
- Act 80 of 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note

   1.      Name of Act
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions
   5.      Definition of “pesticide”
   5A.     Definition of “prescribed pesticide work”
   5B.     Fit and proper persons
   6.      Eligible laws for purposes of Agvet Code-matters authorised by permit

   PART 2 - CONTROL OF PESTICIDES

           Division 1 - Wilful or negligent misuse of pesticides

   7.      Injury to persons or damage to property resulting from pesticide use
   8.      Harm to animals or plants resulting from pesticide use
   9.      Material harm to endangered, vulnerable or protected animals

           Division 2 - Misuse of pesticides

   10.     Injury to persons or damage to property resulting from pesticide use
   11.     Harm to animals or plants resulting from pesticide use
   11A.    Harm to companion animals resulting from pesticide use

           Division 3 - General offences relating to control of pesticides

   12.     Possession of unregistered pesticide
   13.     Use of unregistered pesticide
   14.     Requirement to read approved label and permit
   15.     Using pesticide contrary to approved label
   16.     Keeping pesticides in container without approved label
   17.     Use or possession of restricted pesticides

   PART 3 - PESTICIDE CONTROL NOTICES

           Division 1 - Preliminary

   18.     Definitions

           Division 2 - Clean-up notices

   19.     Environment Protection Authority may direct clean-up action
   20.     Clean-up by public authorities
   21.     Clean-up directions may be given orally
   22.     Fee

           Division 3 - Prevention notices

   23.     Meaning of environmentally unsatisfactory manner
   24.     Preventive action
   25.     Offence
   26.     Commencement of operation of prevention notice or variation of prevention notice
   27.     Fee

           Division 4 - Compliance cost

   28.     Compliance cost notices
   29.     Recovery of amounts
   30.     Registration of compliance cost notices in relation to land
   31.     Charge on land subject to compliance cost notice

           Division 5 - Miscellaneous

   32.     Multiple notices
   33.     Extraterritorial application
   34.     Revocation or variation
   35.     Power to enter land
   36.     Obstruction of persons
   37.     False or misleading statements in reports

   PART 4 - PESTICIDE CONTROL ORDERS

   38.     Making of pesticide control order
   39.     Operation of pesticide control order

   PART 5 - MISCELLANEOUS POWERS AND OFFENCES

   40.     Application of Chapter 7 of Protection of the Environment Operations Act 1997
   41.     Destruction of pesticides
   42.     Defective equipment
   43.     Attachment of aerial spraying equipment to aircraft
   44.     Disclosure of information

   PART 6 - LICENCES AND RESTRICTED PESTICIDE AUTHORISATIONS

           Division 1 - Licensing of prescribed pesticide work

   45.     Requirement for licence
   46.     Authority granted by licence
   47.     Application for licence
   48.     Further information
   49.     Grant of licence
   50.     Licence conditions
   51.     Duration and renewal of licence
   52.     Suspension or revocation of licence
   53.     Register of licences
           54, 55. (Repealed)

           Division 2 - Restricted pesticide authorisations

   56.     Application for restricted pesticide authorisation
   57.     Granting of restricted pesticide authorisation
   58.     Suspension or revocation of restricted pesticide authorisation

           Division 3 - General provisions relating to licences and restricted pesticide authorisations

   59.     Contravention of conditions
   60.     Offences relating to false or misleading statements and holding out
   61.     Misuse of licences or restricted pesticide authorisations
   62.     Application to Civil and Administrative Tribunal for administrative review of certain decisions

   PART 7 - CONTROL OF PROHIBITED RESIDUES IN AGRICULTURAL PRODUCE

   63.     Definitions
   64.     Prohibited residue notices
   65.     Prohibited residue orders
   66.     Destruction of agricultural produce by authorised officer in default

   PART 8 - (Repealed)
   None

   PART 9 - PESTICIDE CODES OF PRACTICE

   69.     Nature of pesticide codes of practice
   70.     Making of pesticide codes of practice

   PART 10 - PROCEDURAL PROVISIONS

           Division 1 - Proceedings for offences

   71.     Manner in which proceedings for offences may be dealt with
   72.     Time within which summary proceedings may be commenced
   73.     Environment Protection Authority may institute proceedings
   74.     Penalty notices and related proceedings excluded

           Division 2 - Penalty notices

   75.     Penalty notice offences
   76.     Service of penalty notices
   77.     Consequences of paying penalty in accordance with penalty notice
   78.     Penalty payable
   79.     Withdrawal of penalty notice
   80.     Effect on other provisions

           Division 3 - Restraining orders

   81.     Application of Division
   82.     Nature of restraining order
   83.     Application for restraining order
   84.     Making of restraining order
   85.     Undertakings
   86.     Ancillary orders
   87.     Charge on property subject to restraining orders
   88.     Registration of restraining orders
   89.     Contravention of restraining orders
   90.     Court may revoke restraining order
   91.     Time when restraining order ceases to be in force

           Division 4 - Court orders in connection with offences

   92.     Operation of Division
   93.     Orders generally
   94.     Orders for restoration and prevention
   95.     Orders for costs, expenses and compensation at time offence proved
   96.     Recovery of costs, expenses and compensation after offence proved
   97.     Orders regarding costs and expenses of investigation
   98.     Orders regarding monetary benefits
   99.     Additional orders
   100.    Forfeiture to Crown
   101.    Offence

           Division 5 - Evidentiary provisions

   102.    Definitions
   103.    Evidence relating to occupier of premises
   104.    Onus of proof concerning reasonable excuse
   105.    Proof of certain things not required
   106.    Certificate evidence of certain matters
   107.    Evidence of analysts

           Division 6 - Other procedural provisions

   108.    Remedy or restraint of breaches of this Act or regulations
   109.    Matters to be considered in imposing penalty
   110.    Enforcement of undertakings
   111.    Causing or permitting offence
   112.    Liability of directors etc for offences by corporation-offences attracting executive liability
   112A.   Liability of directors etc for offences by corporation-accessory to the commission of the offences
   112B.   Evidence as to state of mind of corporation
   113.    Extra-territoriality

   PART 11 - MISCELLANEOUS

   114.    Appeals to Land and Environment Court against certain decisions
   115.    Exemptions by Environment Protection Authority in emergencies and other situations
   116.    Exemption for fire brigades and other emergency services
   117.    Exemptions by regulation
   118.    Service of notices
   118A.   Continuing effect of notices, orders and conditions
   119.    Regulations
   120.    Act to bind Crown
   121.    Repeal of Pesticides Act 1978
   122.    Savings, transitional and other provisions
   123.    (Repealed)
   124.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2
           Schedule 3 (Repealed)


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