New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 10

10 Injury to persons or damage to property resulting from pesticide use

(1) A person must not use a pesticide in a manner that:

(a) injures or is likely to injure any other person, or

(b) damages or is likely to damage any property of another person.

Maximum penalty:

• $120,000 in the case of a corporation, or

• $60,000 in the case of an individual.

(2) “On-farm” exception A person does not commit an offence under subsection (1) if the person establishes:

(a) that the injury or damage occurred, or is likely to occur, only on the agricultural farm land in respect of which the pesticide was used, and

(b) that the person is the occupier of that land or is employed or engaged by the occupier of that land.

(3) “Due diligence” defence It is a defence in any proceedings against a person for an offence under this section if the person establishes:

(a) that the commission of the offence was due to causes over which the person had no control, and

(b) that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.