PESTICIDES ACT 1999 - SECT 10 Injury to persons or damage to property resulting from pesticide use

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--

(a) $120,000 in the case of a corporation, or

(b) $60,000 in the case of an individual.

Note : An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 112.

(1A) For the purposes of subsection (1) (b) in its application to any part of premises used for agricultural operations (including farming, horticultural or aquacultural operations), damage, or likely damage, from the use of a pesticide includes when the use of a pesticide--

(a) prevents, or is likely to prevent, that part of the premises from being used for such operations (whether temporarily or permanently), or

(b) reduces, or is likely to reduce, the capacity of that part of the premises to be used for such operations (whether temporarily or permanently).

(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.