"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.
"animal" has the same meaning as in the Agvet Code.
Note : 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.
"Chairperson of the EPA Board" means the Chairperson within the meaning of the
Protection of the Environment Administration Act 1991 .
"container" has the same meaning as in the Agvet Code.
Note : The definition
in the Agvet Code is as follows--
"container" includes anything by which or in which a chemical product 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 chemical
products 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.
"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.
Note : The definition
in the Agvet Code is as follows--
" instruction " includes direction, caution, warning or recommendation.
"licence" means a licence in force under this Act.
"monetary benefits" means monetary, financial or economic benefits.
"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, and includes a permit
that is taken to have been issued by operation of section 45B or 47D of the
Code.
Note : Sections 45B and 47D of the Agvet Code provide for certain
persons to be taken to hold a permit for a transitional period when a notice
of suspension or cancellation of a permit has been given, or when a notice of
the end of the registration of a chemical product is published.
"pest" has the same meaning as in the Agvet Code.
Note : 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.
(c)
legislation of any other Australian jurisdiction relating to the use of
pesticides, and
(d) legislation (including legislation that has been repealed
or legislation of another jurisdiction) prescribed by the regulations.
"reserved chemical product" has the same meaning as in the Agvet Code.
Note :
The term
"reserved chemical product" is defined in the Agvet Code to mean a chemical
product that is, or is included in a class of chemical products that is,
specified in the Reserved Schedule. A reserved chemical product is not
required to be registered, but its possession, custody or use is subject to
conditions specified by the Reserved Schedule.
"Reserved Schedule" has the same meaning as in the Agvet Code.
Note : The term
"Reserved Schedule" is defined in the Agvet Code to mean the schedule
contained in the regulations under section 56ZU of the 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.
"restricted pesticide authorisation" means a restricted pesticide
authorisation in force under this Act.
"substance" has the same meaning as in the Agvet Code.
Note : 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) material that is produced from an organism, and
(d) 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, and includes a pesticide the registration or approval of
which has been suspended or cancelled under Part 2 of the 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.
