New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 4

4 Definitions

(1) In this Act:
"agricultural farm land" includes a timber plantation.
"aerial spraying equipment" means equipment attached to, or forming part of, an aircraft, being equipment that is manufactured, adapted or used for the purpose of facilitating the use of pesticides from the aircraft.
"Agvet Code" means the provisions applying because of section 5 of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994 .
"animal" has the same meaning as in the Agvet Code.

The definition in the Agvet Code is as follows:
“ animal ” means any animal (other than a human being), whether vertebrate or not, and whether a food-producing species or not, and includes:

(a) mammals, birds, bees, reptiles, amphibians, fish, crustaceans and molluscs, and

(b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being), and

(c) any other prescribed form of animal life, whether prescribed by reference to a species or in any other way.

"approved label", in relation to a pesticide, means any label approved under Part 2 of the Agvet Code for or in respect of the pesticide.

Note: The term “ label ” in the Agvet Code includes tag, leaflet, brand, stamp, mark, stencil or written statement.

"authorised officer" means a person appointed by the Environment Protection Authority under Part 7.2 of the Protection of the Environment Operations Act 1997 as an authorised officer for the purposes of this Act.
"certificate of competency" means a certificate of competency in force under this Act.
"container" has the same meaning as in the Agvet Code.

The definition in the Agvet Code is as follows:
“ container ” includes anything by which or in which a pesticide is, or is to be, covered, enclosed, contained or packaged, but does not include a container (such as a shipping container) in which other containers of pesticides are, or are to be, placed for the purpose of being transported.

"environment" means components of the earth, including:

(a) land, air and water, and

(b) any layer of the atmosphere, and

(c) any organic or inorganic matter and any living organism, and

(d) human-made or modified structures and areas,

and includes interacting natural ecosystems that include components referred to in paragraphs (a)-(c).
"Environment Protection Authority" (or "Authority") means the Environment Protection Authority constituted under the Protection of the Environment Administration Act 1991 .
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"harm" an animal or plant includes poison, injure, contaminate, infect, distress, maim, impair or kill the animal or plant.
"Implementation Committee" means the Pesticides Implementation Committee established under this Act.
"injury" to a person includes any kind of physical or psychological injury whether temporary or permanent, including conditions such as nausea, allergic reaction, dizziness, headache, stress, and running nose or eyes.
"instruction" has the same meaning as in the Agvet Code.

The definition in the Agvet Code is as follows:
“ instruction ” includes direction, caution, warning or recommendation.

"licence" means an aircraft (pesticide applicator) licence, or a pilot (pesticide rating) licence, in force under this Act.
"non-target animal", in relation to the use of a pesticide, means any animal that is not specified on an approved label or permit for the pesticide as being an animal in respect of which the pesticide may be used.
"non-target plant", in relation to the use of a pesticide, means any plant that is not specified on the approved label or permit for the pesticide as being a plant in respect of which the pesticide may be used.
"occupier" of premises means the person who has the management or control of the premises.
"permit" means a permit under Part 7 of the Agvet Code.
"pest" has the same meaning as in the Agvet Code.

The definition in the Agvet Code is as follows:
“ pest ” means:

(a) in relation to an animal plant or thing-any animal, plant or other biological entity that injuriously affects the physical condition, worth or utility of the first-mentioned animal or plant or of that thing, or

(b) in relation to a place-any animal, plant or other biological entity that injuriously affects the use or enjoyment of that place.

"pesticide" -see section 5.
"pesticide control order" means an order made under Part 4.
"pesticide pollution" means any harm or risk of harm to any person, property, the environment or trade that is caused by the use of a pesticide.
"plant" has the same meaning as in the Agvet Code.

The definition in the Agvet Code is as follows:
“ plant ” means any vegetation or fungus and includes a seed or cutting of a plant, or any other part or product of a plant.

"possession" of a pesticide or other thing includes any case in which a person:

(a) has custody or control of the pesticide or thing, or

(b) has the pesticide or thing in the custody of another person, or

(c) has the pesticide or thing in or on any premises, whether or not belonging to or occupied by the person.

"premises" includes:

(a) a building or structure, or

(b) land or a place (whether enclosed or built on or not), or

(c) a vehicle, vessel or aircraft.

"property" (except in Part 10) includes:

(a) any premises, or

(b) livestock, or

(c) agricultural crops or other produce.

"public authority" means a public or local authority constituted by or under an Act, and includes:

(a) a government department, or

(b) a statutory body representing the Crown, a State owned corporation or a local council, or

(c) a member of staff or other person who exercises functions on behalf of a public authority.

"registered pesticide" means a pesticide that is registered under Part 2 of the Agvet Code.
"restricted pesticide" means a pesticide that is a restricted chemical product within the meaning of the Agvet Code.

Note: The term “ restricted chemical product ” is defined in the Agvet Code as a chemical product declared by regulations made for the purposes of section 93 of the Code to be a restricted chemical product.

"substance" has the same meaning as in the Agvet Code.

The definition in the Agvet Code is as follows:
“ substance ” includes:

(a) any gas, liquid, mixture or compound of gases, or mixture or compound of liquids, and

(b) an organism or part of an organism, including a genetically manipulated organism or part of a genetically manipulated organism, and

(c) matter whose production involves the use of an organism,

but does not include an excluded organism or part of an excluded organism, or material that is produced from, or matter whose production involves the use of, an excluded organism.

"unregistered pesticide" means a pesticide that is not registered under Part 2 of the Agvet Code.
"use" a pesticide includes:

(a) apply, spray, spread or disperse the pesticide by any means (for example by hand or by the use of a machine or any type of equipment including aerial spraying equipment), or

(b) store the pesticide, or

(c) prepare the pesticide for use.

(2) Without limiting subsection (1), a word or expression used in the Agvet Code that is used in this Act has the same meaning in this Act as it has in that Code.

(3) Notes included in this Act do not form part of this Act.