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AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 40 Damage by spray drift

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 40

Damage by spray drift

    (1)     A person must not carry out agricultural spraying which injuriously affects—

        (a)     any plants or stock outside the target area; or

        (b)     any land outside the target area so that growing plants or keeping stock on that land can be reasonably expected to result in the contamination of the stock or of agricultural produce derived from the plants or stock.

Penalty:     In the case of a corporation, 400 penalty units.

In any other case, 200 penalty units.

Note to s. 40(1) inserted by No. 13/2013 s. 5(1).

Note

Section 72B applies to an offence against this subsection.

    (2)     It is a defence to a prosecution under subsection (1)(a) to prove that the plants or stock have no economic value.

S. 41 repealed by No. 55/2001 s. 12, new  s. 41 inserted by No. 55/2001 s. 13.