CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 17 Approval to use etc. agricultural produce etc. or cultivate plants, or graze or keep trade species animals, on land

CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 17

17 Approval to use etc. agricultural produce etc. or cultivate plants, or graze or keep trade species animals, on land

(1) Where a person wishes to—

(a) use, destroy, dispose of or otherwise deal with any prescribed substance; or

(b) cultivate a plant, or graze or keep a trade species animal, on land;

within a time or in a manner that is contrary to a direction contained in a notice under section 16 , the person may apply in writing to the standards officer for approval to use, destroy, dispose of or otherwise deal with the prescribed substance or, as the case may be, cultivate the plant, or graze or keep the trade species animal, on the land, as specified in the application.

(2) The standards officer may, whether pursuant to an application made under subsection (1) or otherwise, approve in writing—

(a) the use, destruction or disposal of or other dealing with any prescribed substance; or

(b) the cultivation of a plant, or the grazing or keeping of a trade species animal, on land;

within a time or in a manner that is contrary to a direction contained in a notice under section 16 if the standards officer is satisfied that such use, destruction, disposal or other dealing or, as the case may be, cultivation, grazing or keeping—

(c) is not a breach of any other Act or a law made under any other Act; and

(d) will not cause harm, that in the circumstances is unreasonable, to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country.

(3) An approval given under this section may be given subject to such terms and conditions as are specified therein.

(4) To the extent that a notice under section 16 is not consistent with an approval given under this section, that notice shall cease to be of force or effect.

(4A) If the standards officer refuses an application made under subsection (1) , the standards officer must, as soon as practicable after making the decision, give the person an information notice for the decision.

(5) A person who uses, destroys or disposes of or otherwise deals with a prescribed substance or cultivates a plant, or grazes or keeps a trade species animal, on land contrary to an approval given under this section commits an offence.

Penalty—

Maximum penalty for subsection (5) —800 penalty units.

Note—

This subsection is an executive liability provision—see section 30A .

(6) In this section—


"prescribed substance" means agricultural produce, manufactured stock food, a plant, a trade species animal, a product derived from a trade species animal, or other substance.