PESTICIDES ACT 1999 - As at 14 July 2023 - Act 80 of 1999
- As at 14 July 2023 - Act 80 of 1999Table of Provisions
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
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
- 44A Receiving monetary benefits
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)
NonePART 9 - 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. (Repealed)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
- 112C Recovery of monetary benefits from related persons after offence proved
- 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)