PESTICIDES ACT 1999 - As at 3 April 2024 - Act 80 of 1999

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of this Act
• 4 Definitions
• 5 Definition of "pesticide"
• 5A Definition of "prescribed pesticide work"
• 5B Fit and proper persons
• 6 Eligible laws for purposes of Agvet Code--matters authorised by permit

PART 2 - CONTROL OF PESTICIDES

Division 1 - Wilful or negligent misuse of pesticides

• 7 Injury to persons or damage to property resulting from pesticide use
• 8 Harm to animals or plants resulting from pesticide use
• 9 Material harm to endangered, vulnerable or protected animals

Division 2 - Misuse of pesticides

• 10 Injury to persons or damage to property resulting from pesticide use
• 11 Harm to animals or plants resulting from pesticide use
• 11A Harm to companion animals resulting from pesticide use

Division 3 - General offences relating to control of pesticides

• 12 Possession of unregistered pesticide
• 13 Use of unregistered pesticide
• 14 Requirement to read approved label and permit
• 15 Using pesticide contrary to approved label
• 16 Keeping pesticides in container without approved label
• 17 Use or possession of restricted pesticides

PART 3 - PESTICIDE CONTROL NOTICES

Division 1 - Preliminary

• 18 Definitions

Division 2 - Clean-up notices

• 19 Environment Protection Authority may direct clean-up action
• 20 Clean-up by public authorities
• 21 Clean-up directions may be given orally
• 22 Fee

Division 3 - Prevention notices

• 23 Meaning of environmentally unsatisfactory manner
• 24 Preventive action
• 25 Offence
• 26 Commencement of operation of prevention notice or variation of prevention notice
• 27 Fee

Division 4 - Compliance cost

• 28 Compliance cost notices
• 29 Recovery of amounts
• 30 Registration of compliance cost notices in relation to land
• 31 Charge on land subject to compliance cost notice

Division 5 - Miscellaneous

• 32 Multiple notices
• 33 Extraterritorial application
• 34 Revocation or variation
• 35 Power to enter land
• 36 Obstruction of persons
• 37 False or misleading statements in reports

PART 4 - PESTICIDE CONTROL ORDERS

• 38 Making of pesticide control order
• 39 Operation of pesticide control order

PART 5 - MISCELLANEOUS POWERS AND OFFENCES

• 40 Application of Chapter 7 of Protection of the Environment Operations Act 1997
• 41 Destruction of pesticides
• 42 Defective equipment
• 43 Attachment of aerial spraying equipment to aircraft
• 44 Disclosure of information
• 44A Receiving monetary benefits

PART 6 - LICENCES AND RESTRICTED PESTICIDE AUTHORISATIONS

Division 1 - Licensing of prescribed pesticide work

• 45 Requirement for licence
• 46 Authority granted by licence
• 47 Application for licence
• 48 Further information
• 49 Grant of licence
• 50 Licence conditions
• 51 Duration and renewal of licence
• 52 Suspension or revocation of licence
• 53 Register of licences
54, 55. (Repealed)

Division 2 - Restricted pesticide authorisations

• 56 Application for restricted pesticide authorisation
• 57 Granting of restricted pesticide authorisation
• 58 Suspension or revocation of restricted pesticide authorisation

Division 3 - General provisions relating to licences and restricted pesticide authorisations

• 59 Contravention of conditions
• 60 Offences relating to false or misleading statements and holding out
• 61 Misuse of licences or restricted pesticide authorisations
• 62 Application to Civil and Administrative Tribunal for administrative review of certain decisions

PART 7 - CONTROL OF PROHIBITED RESIDUES IN AGRICULTURAL PRODUCE

• 63 Definitions
• 64 Prohibited residue notices
• 65 Prohibited residue orders
• 66 Destruction of agricultural produce by authorised officer in default

PART 8 - (Repealed)

PART 9 - PESTICIDE CODES OF PRACTICE

• 69 Nature of pesticide codes of practice
• 70 Making of pesticide codes of practice

PART 10 - PROCEDURAL PROVISIONS

Division 1 - Proceedings for offences

• 71 Manner in which proceedings for offences may be dealt with
• 72 Time within which summary proceedings may be commenced
• 73 Environment Protection Authority may institute proceedings
• 74 Penalty notices and related proceedings excluded

Division 2 - Penalty notices

• 76 Penalty notices
77, 78. (Repealed)
• 79 Withdrawal of penalty notice
• 80 Effect on other provisions

Division 3 - Restraining orders

• 81 Application of Division
• 82 Nature of restraining order
• 83 Application for restraining order
• 84 Making of restraining order
• 85 Undertakings
• 86 Ancillary orders
• 87 Charge on property subject to restraining orders
• 88 Registration of restraining orders
• 89 Contravention of restraining orders
• 90 Court may revoke restraining order
• 91 Time when restraining order ceases to be in force

Division 4 - Court orders in connection with offences

• 92 Operation of Division
• 93 Orders generally
• 94 Orders for restoration and prevention
• 95 Orders for costs, expenses and compensation at time offence proved
• 96 Recovery of costs, expenses and compensation after offence proved
• 97 Orders regarding costs and expenses of investigation
• 98 Orders regarding monetary benefits
• 99 Additional orders
• 100 Forfeiture to Crown
• 101 Offence

Division 5 - Evidentiary provisions

• 102 Definitions
• 103 Evidence relating to occupier of premises
• 104 Onus of proof concerning reasonable excuse
• 105 Proof of certain things not required
• 106 Certificate evidence of certain matters
• 107 Evidence of analysts
• 107A Evidence from photographs and other images

Division 6 - Other procedural provisions

• 108 Remedy or restraint of breaches of this Act or regulations
• 109 Matters to be considered in imposing penalty
• 110 Enforcement of undertakings
• 111 Causing or permitting offence
• 112 Liability of directors etc for offences by corporation--offences attracting executive liability
• 112A Liability of directors etc for offences by corporation--accessory to the commission of the offences
• 112B Evidence as to state of mind of corporation
• 112C Recovery of monetary benefits from related persons after offence proved
• 113 Extra-territoriality

PART 11 - MISCELLANEOUS

• 114 Appeals to Land and Environment Court against certain decisions
• 115 Exemptions by Environment Protection Authority in emergencies and other situations
• 116 Exemption for fire brigades and other emergency services
• 117 Exemptions by regulation
• 118 Service of documents
• 118A Continuing effect of notices, orders and conditions
• 119 Regulations
• 120 Act to bind Crown
• 121 Repeal of Pesticides Act 1978
• 122 Savings, transitional and other provisions
123. (Repealed)
• 124 Review of Act
Schedule 1 (Repealed)
• SCHEDULE 2
Schedule 3 (Repealed)