PESTICIDES ACT 1999 - As at 14 March 2024 - Act 80 of 1999
PESTICIDES ACT 1999
- As at 14 March 2024
- 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
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)
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. (Repealed)
76. Penalty notices
77, 78. (Repealed)
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
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)