SCHEDULE 5 - Permits, certificates and licences

Sections 19 , 22 , 24 , 29 , 33 , 34 and 56

PART 1 - Provisions applying to all authorities

1.    Interpretation

In this Schedule, authority means –

(a) a permit under section 19 ; or

(b) a commercial operator licence under section 22 ; or

(c) a restricted chemical product permit under section 24 ; or

(d) an agricultural spraying permit under section 29 ; or

(e) a pilot (chemical rating) licence under section 33 ; or

(f) an agricultural aircraft operator licence under section 34 .

2.    Applications

(1) A person may apply to the Registrar for the grant of an authority.

(2) An application must –

(a) be in a form approved by the Registrar; and

(b) include any information that the Registrar reasonably requires; and

(c) except in the case of an application for a permit under section 19 , be accompanied by the relevant prescribed fee; and

(d) be lodged in a manner approved by the Registrar.

(3) An applicant for a permit under section 19 must pay the prescribed fee on or before the date specified by the Registrar.

3.    Grant or refusal

(1) The Registrar may grant or refuse to grant an authority.

(2) An authority is subject to any conditions imposed by the Registrar and specified in the authority.

(3) The Registrar may, by notice in writing to the holder of an authority, vary or omit any conditions of the authority and impose new conditions.

(4) The Registrar may refuse to grant an authority –

(a) if the applicant has been convicted of a crime or an offence punishable by imprisonment; or

(b) on any prescribed ground.

4.    Cancellation or suspension

(1) The Registrar may, by notice in writing to the holder of an authority, cancel or suspend the authority if –

(a) the holder has not complied with a condition of the authority; or

(b) the holder has been convicted of an offence against a relevant Act; or

(c) a relevant fee has not been paid on or before the due date; or

(d) the Registrar becomes aware of any information which, if it had been known at the time the authority was granted, would have prevented the grant of the authority; or

(e) any prescribed ground exists.

(2) A notice must specify –

(a) the date on which the cancellation or suspension takes effect; and

(b) in the case of suspension –

(i) the period of suspension; or

(ii) any conditions that must be satisfied before the suspension will be lifted.

5.    Notice of reasons and opportunity to comment

Before suspending or cancelling an authority or refusing to grant an application for an authority, the Registrar must give the applicant for, or the holder of, the authority –

(a) notice of the reasons for the proposed action; and

(b) the opportunity to submit written comments on the proposed action.

6.    Term of Authority

An authority continues in operation for the term (not exceeding 5 years) specified in it, unless it is cancelled before then.

7.    Fees

The holder of an authority must pay the relevant prescribed fee on or before the due date each year.

PART 2 - Provisions applying to specified authorities

8.    Permits

A permit may authorise the use of a chemical product in a manner which is at variance with conditions for its use specified on a label approved under the Code in relation to that chemical product.

9.    Commercial operator licences

(1) The Registrar may, without limiting his or her power under clause 3 (2) , impose a condition on a commercial operator licence requiring the holder to hold an approved insurance policy.

(2) The Registrar may, without limiting his or her power under clause 3 (4) or clause 4 (1) –

(a) refuse to grant a commercial operator licence if the applicant does not hold an approved insurance policy or a cover note for such a policy; or

(b) cancel or suspend a commercial operator licence if the holder does not hold an approved insurance policy.

10.    Pilot (chemical rating) licences

The Registrar may, without limiting his or her power under clause 3 (4) , refuse to grant a pilot (chemical rating) licence if the applicant has not attended a course, or passed an examination, approved by the Registrar.

11.    Agricultural aircraft operator licences

The Registrar may, without limiting his or her power under clause 3 (4) or clause 4 (1) –

(a) refuse to grant an agricultural aircraft operator licence if the applicant does not hold an approved insurance policy or a cover note for such a policy; or

(b) cancel or suspend an agricultural aircraft operator licence if the holder does not hold an approved insurance policy.