Victorian Consolidated Legislation

Health Act 1958 - SECT 108C

Licensing of users of pesticides

108C. Licensing of users of pesticides





(1) A person must not use or permit any other person to use any pesticide or
class of pesticides in the course of the business of a pest control operator
unless the user of the pesticide holds a valid licence as an authorized user
of that pesticide or class of pesticides and complies with the conditions (if
any) of that licence.

Penalty: 100 penalty units.

(1A) Subsection (1) does not apply if the use of the pesticide is for the
purposes of-

   (a)  horticulture; or

   (b)  agriculture; or

   (c)  water treatment; or

   (d)  weed control; or

   (e)  controlling a pest animal to protect an area or place which is not-

   (i)  a building used for commercial purposes; or

   (ii) domestic premises.

(2) A person shall not be entitled to nor be granted a licence referred to in
subsection (1) unless-

   (a)  he or she has paid the prescribed licence fee (if any); and



   (b)  he or she satisfies a person nominated by the Secretary that he or she
        is qualified as prescribed to be granted that licence; and





   (c)  he or she is a natural person.



(2A) Despite subsection (2), if a natural person satisfies a person nominated
by the Secretary that he or she is-

   (a)  undergoing training in the units of competency specified in the
        National Standard for Licensing Pest Management Technicians published
        by the National Environmental Health Forum in 1999 as amended and in
        force from time to time; or

   (b)  enrolled in a prescribed course of training-

the Secretary may grant a licence to that person subject to the condition that
the licence holder may only use the pesticides or classes of pesticides
entered on the licence under the supervision of a person who holds a valid
licence (other than a licence granted under this subsection) as an authorized
user of those pesticides or classes of pesticides.

(2B) The Secretary must not grant a licence under subsection (2A) to a person
more than three times.



(3) The Secretary shall cause to be entered on every licence-

   (a)  the names of or the classes of pesticides that the licence holder is
        authorized to use; and

   (b)  in the case of a licence granted under subsection (2A)-

   (i)  a condition that the holder may only use pesticides or classes of
        pesticides entered on that licence under the supervision of a person
        who holds a valid licence (other than a licence granted under
        subsection (2A)) as an authorized user of those pesticides or classes
        of pesticides; and

   (ii) any other conditions to which the licence is subject.

(4) A licence under this section expires-

   (a)  in the case of a licence granted under subsection (2A), 12 months
        after the date on which it is granted; and

   (b)  in any other case, 3 years after the date on which it is granted.

(5) Despite subsection (4)(b), a current licence in existence immediately
before the commencement of section 9 of the Health (Amendment) Act 2001
continues to have effect until its expiry on 31 December 2001 as if subsection
(4)(b) had not been enacted.



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