New South Wales Consolidated Regulations

PESTICIDES REGULATION 2009 - REG 9

9 Persons qualified to use pesticides

(1) In this Part, a person is qualified to use a pesticide if the person holds any one or more of the following:

(a) a licence under the Act,

(b) a certificate of competency or recognised qualification (within the meaning of Part 9.1 of the Occupational Health and Safety Regulation 2001 ) in relation to the kind of work referred to in clause 11 (Application of pesticides) or 12 (Use of fumigants) of the Schedule to clause 266 of that Regulation,

(c) a current certificate of completion or statement of attainment on completion:

(i) of a kind, and issued by a university, industry body or other organisation, that the Environment Protection Authority has declared, by order published in the Gazette, to be sufficient for the purposes of this subclause, and

(ii) that was current immediately before 1 September 2005, and

(iii) that was issued within the last 5 years,

Note: This provision will cease to apply on or after 1 September 2010.

(d) a current certificate of completion or statement of attainment on completion of a course of study with respect to the use of pesticides that was issued to the person within the last 5 years:

(i) by a registered training organisation in accordance with the Australian Qualifications Framework, and

(ii) in recognition of the person’s satisfactory achievement of specified units of competency or parts of units of competency (being units of competency, or parts of units of competency, that, at the time the prescribed qualification is issued, are approved by the Environment Protection Authority in accordance with Schedule 1),

(e) a pest control operator’s licence that:

(i) was in force under the Occupational Health and Safety (Pest Control) Regulation 1988 immediately before its repeal, and

(ii) is taken to be a certificate of competency under clause 268 of the Occupational Health and Safety Regulation 2001 ,

(f) if the pesticide is a fumigant-a fumigation permit that:

(i) was in force under the Occupational Health and Safety (Pest Control) Regulation 1988 immediately before its repeal, and

(ii) is taken to be a certificate of competency under clause 268 of the Occupational Health and Safety Regulation 2001 ,

(g) if the pesticide is the subject of a pesticide control order that authorises the use of the pesticide by persons who hold specified qualifications-those qualifications.

(2) In this clause:
"Australian Qualifications Framework" has the same meaning as in section 7 of the Higher Education Act 2001 .