PESTICIDES ACT 1999 - SECT 8 Harm to animals or plants resulting from pesticide use

PESTICIDES ACT 1999 - SECT 8

8 Harm to animals or plants 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) harms any non-target animal or non-target plant, or

(b) if there is no approved label or permit for the pesticide--harms any animal or plant.

: Maximum penalty--

(a) $2,000,000 in the case of a corporation, or

(b) $500,000 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.

(2) "On-farm"/residential premises exception A person does not commit an offence under subsection (1) if the person establishes--

(a) that the harm occurred only on the agricultural farm land, or the residential premises, in respect of which the pesticide was used, and

(b) that the person is the occupier of that land or those premises, or is employed or engaged by the occupier of that land or those premises.