Northern Territory Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purposes
   4.      Interpretation
   5.      Agricultural chemical products
   6.      Veterinary chemical products
   7.      Fertilisers
   8.      Stockfood
   9.      Major food-producing species
   10.     Aquatic life
   11.     Act binds Crown
   12.     Waste Management and Pollution Control Act not affected

   PART 2 - GENERAL DUTIES

   13.     Duty to ensure harm does not result from use of chemical products, fertilisers or stockfoods
   14.     Duty to ensure fertilisers and stockfoods manufactured in Territory or imported from elsewhere are safe

   PART 3 - CHEMICAL PRODUCTS

           Division 1 - Preliminary

   15.     When will the use of a chemical product be prohibited by or contrary to the instructions on a label?
   16.     Use by veterinarian includes use by veterinarian's employees

           Division 2 - Containers and labels

   17.     Registered chemical products to be kept in suitable containers labelled with NRA approved labels
   18.     Requirement to read label or permit
   19.     Record of use required by label or permit
   20.     Reuse of containers
   21.     Disposal of containers

           Division 3 - Agricultural chemical products

   22.     Use of registered agricultural chemical products
   23.     Observance of withholding period before harvest
   24.     Sale of agricultural produce business before withholding period expires

           Division 4 - Veterinary chemical products
           Subdivision 1 - Use, prescription, recommendation and supply

   25.     Use of registered veterinary chemical products by non-veterinarian generally
   26.     Use of registered veterinary chemical products by non-veterinarian to treat food-producing species if use prohibited by label
   27.     Use, prescription, recommendation or supply of registered veterinary chemical products by veterinarian contrary to label
   28.     Use, prescription, recommendation or supply of registered veterinary chemical products by veterinarian to treat food-producing species if use prohibited by label restraint
   29.     Use, prescription, recommendation or supply of unregistered veterinary chemical products by veterinarian
   30.     Use, prescription, recommendation or supply of human pharmaceuticals by veterinarian
   31.     Use, prescription, recommendation or supply of agricultural chemical products by veterinarian
   32.     Application of and prescribed information for sections 33 and 34
   33.     Veterinarian must provide information about veterinary chemical products
   34.     Pharmacist must provide information about veterinary chemical products
   35.     Veterinarian etc. must provide information about withholding periods
   36.     Stockfood seller must provide certain information
           Subdivision 2 - Treated animals
   37.     Observing withholding period before slaughter etc.
   38.     Sale or purchase of animal before withholding period expires
   39.     Identifying treated food-producing animals if carer does not own animals
   40.     Veterinarian liable for residues above maximum
           Subdivision 3 - Record keeping
   41.     Veterinarian must keep records about using, prescribing, recommending and supplying veterinary products

           Division 5 - Injectable anabolic steroids

   42.     Use of injectable anabolic steroids by persons who are not veterinarians
   43.     Prescription or supply of injectable anabolic steroids by veterinarians
   44.     Veterinarian to keep anabolic steroids locked away
   45.     Veterinarian to dispose of injectable anabolic steroids properly
   46.     Veterinarian to report loss of injectable anabolic steroids
   47.     Veterinarian to keep records relating to injectable anabolic steroids

           Division 6 - Miscellaneous

   48.     Possession or use of restricted chemical products
   49.     Possession or use of S7 chemical products
   50.     Possession or use of unregistered chemical products
   51.     Claims about registered chemical products
   52.     Claims about unregistered chemical products

   PART 4 - GENERAL PROTECTIVE MEASURES

   53.     Prohibition and regulation of manufacture, possession, sale or use
   54.     Direction to recall product
   55.     Direction to deal with prohibited or contaminated chemical product, fertiliser, stockfood or agricultural produce

   PART 5 - SPRAYING OF AGRICULTURAL CHEMICAL PRODUCTS

           Division 1 - Offences relating to spraying operations

   56.     Damage by spray drift
   57.     Ground spraying businesses must be licensed
   58.     Ground spray applicators must be licensed
   59.     Aerial spraying businesses must be licensed
   60.     Pilots carrying out aerial spraying must be licensed
   61.     Spraying operations under other legislation are exempt

           Division 2 - Licences

   62.     Definition
   63.     Grant or refusal of licence
   64.     Term of licence
   65.     Renewal of licence
   66.     Variation of conditions of licence
   67.     Fee to be returned if application refused
   68.     Surrender of licence
   69.     Cancellation or suspension of licence
   70.     Medical examination may be required

           Division 3 - Miscellaneous

   71.     False claims about being licensed
   72.     Record of spraying activities to be kept
   73.     Defective machine, equipment or aircraft not to be used for spraying

   PART 6 - CHEMICAL CONTROL AREAS

   74.     Declaration of chemical control area
   75.     Publication of proposal
   76.     Contravention of declaration
   77.     Notation of declaration under Land Title Act

   PART 7 - AGRICULTURAL PURSUITS ON CONTAMINATED LAND

   78.     Identifying contaminated agricultural produce
   79.     Direction in relation to agricultural pursuits on contaminated land
   80.     Preparation and approval of remedial plan
   81.     Amendment and revocation of remedial plan
   82.     Notation of remedial plan on land titles register

   PART 8 - AGRICULTURAL EMERGENCIES

   83.     Declaration of emergency
   84.     Authorisation of counter-measures

   PART 9 - ADMINISTRATION

           Division 1 - Chemicals Coordinator and chemical advisers

   85.     Appointment of Chemicals Coordinator
   86.     Functions and powers of Chemicals Coordinator
   87.     Directions by Chemicals Coordinator
   88.     Approved forms
   89.     Delegation
   90.     Appointment of chemical advisers
   91.     Assistants
   92.     Identity cards

           Division 2 - Powers of chemical advisers

   93.     Interpretation
   94.     Entry of premises
   95.     Inspection of premises
   96.     Seizure of substances and things
   97.     Retention of substances and things seized
   98.     Powers in relation to food-producing species
   99.     Investigation of complaints
   100.    Power to require name and address
   101.    Obstruction etc. of chemical advisers
   102.    False or misleading statements

           Division 3 - Advisory Committees

   103.    Establishment
   104.    Membership
   105.    Invitation to public to make submissions
   106.    Procedure
   107.    Reports to be tabled in Legislative Assembly

           Division 4 - Miscellaneous

   108.    Protection from liability
   109.    Evidentiary certificates

   PART 10 - CRIMINAL LIABILITY AND PROCEEDINGS GENERALLY

   110.    Conduct of directors, employees and agents
   111.    Liability of officers of body corporate
   112.    Limitation on making complaint
   113.    Notice of defence to be served on prosecutor
   114.    Additional court orders

   PART 11 - REVIEW OF DECISIONS

   115.    Reviewable decisions and affected persons
   116.    Notice of reviewable decisions
   117.    Application for review
   118.    Decision on review
   119.    Operation and implementation of reviewable decision

   PART 12 - MISCELLANEOUS

   120.    Form of records
   121.    Altering or falsifying records
   122.    Confidentiality
   123.    Compensation may be payable in certain circumstances
   124.    Acquisition on just terms
   125.    No liability for damage caused by compliance with Act
   126.    Determined fees
   127.    Eligible laws
   128.    Codes of practice for use of chemical products
   129.    Regulations

   PART 13 - TRANSITIONAL PROVISIONS

   130.    Definitions
   131.    S7 authorizations
   132.    Pest control operator's licences

           133. - 142. [Part 14 - Divisions 1, 2 and 3] [Expired] (See back note 2)
           SCHEDULE