New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 24

24 Preventive action

(1) This section applies when the Environment Protection Authority reasonably suspects that any pesticide is being, or has been, used in an environmentally unsatisfactory manner at any premises or by any person (otherwise than at premises).

(2) The Environment Protection Authority may, by notice in writing, do either or both of the following:

(a) direct the occupier of the premises,

(b) direct the person who is using or who used the pesticide,

to take such action, as is specified in the notice and within such period (if any) as is specified in the notice, to ensure that the pesticide, or the pesticide and any other pesticide, is in the future used in an environmentally satisfactory manner.

(3) The action to be taken may (without limitation) include any of the following:

(a) any action relating to the use of a pesticide (for example the method of application, use at a specified time only, use on specified land only, and the climatic conditions in which the pesticide may be used),

(b) notification that a pesticide has or is about to be used,

(c) ceasing to use a particular pesticide, a particular type of spray equipment or a particular method of application,

(d) ceasing to carry on any operation that involves the use of a pesticide,

(e) monitoring, sampling, analysing and recording information that is relevant to the use of a pesticide (eg weather conditions),

(f) preparing and carrying out a plan of action to prevent any pesticide from being used in an environmentally unsatisfactory manner,

(g) installing, repairing, altering, replacing, maintaining or operating equipment or other machinery used in the application of any pesticide.

(4) If the occupier who is given a notice is not the person who is using or who used the pesticide, the notice is taken to require the occupier to take all available steps to cause the action to be taken.

(5) A prevention notice may require the person to whom the notice is given to furnish reports to the Environment Protection Authority regarding progress on carrying out the action required to be taken by the notice.