New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 7

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

(1) A person is guilty of an offence if the person wilfully or negligently uses 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:

• $250,000 in the case of a corporation, or

• $120,000 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.