Pesticides Regulation 2017

This Regulation is the Pesticides Regulation 2017.

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Pesticides Regulation 2009, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

Aerial Application Association of Australia means Aerial Application Association of Australia Ltd (ACN 002 501 886).

exempt domestic like use of pesticide—see clause 4.

fumigant means the following—

a chemical declared to be a fumigant by the Environment Protection Authority by order published in the Gazette,

before 1 July 2018—a fumigant within the meaning of the Pesticides Regulation 2009 immediately before the repeal of that Regulation,

on or after 1 July 2018—a chemical listed in Schedule 1.

fumigation work—see clause 6.

ground applicator work—see clause 6.

period 1 means on or after 1 September 2017 but before 1 July 2018.

period 2 means on or after 1 July 2018 but before 1 July 2019.

period 3 means on or after 1 July 2019 but before 1 July 2020.

period 4 means on or after 1 July 2020 but before 1 July 2021.

period 5 means on or after 1 July 2021 but before 1 July 2022.

period 6 means on or after 1 July 2022.

pest management technician work—see clause 6.

powered spray equipment means spray equipment that is powered otherwise than by human energy.

registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

spray equipment means any device or apparatus that distributes pesticide through the air, and includes powered spray equipment.

the Act means the Pesticides Act 1999.

timber pest management technician work—see clause 6.

use does not include store.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

The use of a pesticide by a person is an exempt domestic like use of pesticide for the purposes of this Regulation if the pesticide is, or is part of, a product that is widely available to the general public at retail outlets, is ordinarily used for domestic purposes (including home gardening), is being applied by hand or hand-held applicator and—

if the product is being used outdoors—no more than 20 litres or 20 kilograms of “ready-to-use” product or 5 litres or 5 kilograms of concentrated product is being used, or

if the product is being used indoors—no more than 5 litres or 5 kilograms of “ready-to-use” product or 1 litre or 1 kilogram of concentrated product is being used.

In this Part—

aerial applicator business—see clause 6.

aerial applicator pilot work—see clause 6.

agricultural activities includes the following—

horticulture activities,

husbandry (such as the keeping or breeding of livestock, poultry or bees),

the growing of fruit, vegetables or other crops,

the processing or storing of agricultural products, but only when carried on in connection with another agricultural activity.

approved means approved by the Environment Protection Authority from time to time.

course of training, in relation to prescribed pesticide work, means a course of training the completion of which is required in order for a person to obtain the prescribed licence qualification for a licence to carry out the work.

National Standard for Licensing Pest Management Technicians means the document entitled National Standard for Licensing Pest Management Technicians published in 1999 by the National Environmental Health Forum (National Environmental Health Monographs General Series No 4).

person responsible for a trainee carrying out fumigation work, pest management technician work or timber pest management technician work means—

in the case of a trainee who is carrying out the work as an employee—the trainee’s employer, or

in the case of a trainee who is carrying out the work under contract as an independent contractor—the person for whom he or she is carrying out the work under that contract, or

in the case of a trainee who is carrying out the work while engaged in a course of training for that work—the person conducting the course, or

in the case of a trainee who is carrying out the work under an arrangement with some other person (whether or not for reward) otherwise than as referred to in paragraph (a), (b) or (c)—that other person.

prescribed licence qualification, in relation to a kind of licence, means the qualification prescribed by, or determined in accordance with, clause 19 for that licence.

RPA applicator business—see clause 6.

RPA applicator pilot work—see clause 6.

supervisor, in relation to a trainee, means a person who is designated as the supervisor of the trainee by the person responsible for the trainee carrying out fumigation work, pest management technician work or timber pest management technician work.

trainee, in relation to fumigation work, pest management technician work or timber pest management technician work, means an unqualified person who is—

engaged in a course of training for the work, and

of or above the age of 17 years.

unqualified person, in relation to prescribed pesticide work, means a person who does not hold the prescribed licence qualification for a licence to carry out such work.

Each of the following is prescribed for the purposes of section 5A of the Act as prescribed pesticide work—

aerial applicator pilot work—being the piloting by an individual of an aircraft that is being used to apply a pesticide to property (whether or not for fee or reward),

aerial applicator business—being a business carried on for aerial applicator pilot work,

RPA applicator pilot work—being the remote piloting by an individual of an unmanned aircraft that is being used to apply a pesticide to property (whether or not for fee or reward),

RPA applicator business—being a business carried on for RPA applicator pilot work,

fumigation work—being the use by an individual of fumigants (other than sterilising fumigants applied from single use canisters) for the prevention, control or eradication of pests for fee or reward or for a public authority (whether or not for fee or reward),

ground applicator work—being the use by an individual of pesticides (other than fumigants) for the control of weeds or of pests affecting plants or soil for fee or reward, but it does not include—

aerial applicator pilot work, or

RPA applicator pilot work, or

fumigation work, or

the use of pesticide on land owned or occupied by the person using the pesticide or by a relative (within the meaning of the Adoption Act 2000) of the person,

pest management technician work—being the use by an individual of pesticides (other than restricted pesticides used to control vertebrates or fumigants) for the prevention, control or eradication of pests for fee or reward or for a public authority (whether or not for fee or reward) but it does not include—

aerial applicator pilot work, or

RPA applicator pilot work, or

fumigation work, or

ground applicator work, or

timber pest management technician work,

timber pest management technician work—being the use by an individual of pesticides, other than restricted pesticides used to control vertebrates or fumigants, for the prevention, control or eradication of pests that attack, infest or destroy timber or timber products for fee or reward or for a public authority, whether or not for fee or reward, but it does not include—

aerial applicator work, or

RPA applicator pilot work, or

fumigation work, or

ground applicator work, or

pest management technician work.

Note—

The Act, section 45 sets out the requirement for a licence to carry out prescribed pesticide work.

Despite subclause (1), each of the following uses of pesticides is not prescribed pesticide work if the use does not occur in connection with the piloting or use of an aircraft—

the use on land of pesticides by an individual who is the owner or occupier of the land (or who is the employee of such a person) in connection with agricultural activities on that land,

the use of pesticides by an individual for amenity horticulture purposes (such as ground or garden maintenance, landscaping, floriculture, arboriculture or the operations of a nursery),

the use of pesticides by an individual for bush care purposes,

the use of pesticides by an individual for the purposes of water treatment (including the treatment of water in pools and spas),

the application of paint by an individual that contains anti-fouling pesticides,

the use of pesticides by an individual to treat or prevent an ectoparasitic infestation,

the use of pesticides by an individual to treat or preserve timber at a treatment plant.

A business is carried on for aerial applicator pilot work or RPA applicator pilot work if—

a business is carried on by a person (other than a public authority) and the person—

employs or engages an individual to carry out that work for the business, or

carries out that work as a self-employed individual, or

a public authority employs or engages an individual to carry out that work for it.

For the purposes of section 46 of the Act, each of the following licences is prescribed as a kind of licence that authorises its holder to carry out the prescribed pesticide work specified—

aerial applicator pilot licence—aerial applicator pilot work,

aerial applicator business licence—aerial applicator business,

RPA applicator pilot licence—RPA applicator pilot work,

RPA applicator business licence—RPA applicator business,

fumigator licence—fumigation work,

pest management technician licence—pest management technician work,

ground applicator licence—ground applicator work,

timber pest management technician licence—pest management technician work and timber pest management technician work.

The Environment Protection Authority may, by order in writing, exempt a specified person or class of persons from any of the licensing requirements.

An order that exempts a class of persons from any of the licensing requirements must be published in the Gazette.

An exemption from licensing requirements granted under this clause is subject to such conditions (if any) as may be specified in the order.

In this clause—

licensing requirements means—

the provisions of Division 1 of Part 6 of the Act, and

the provisions of this Part.

A person who has obtained the prescribed licence qualification for a fumigator licence, pest management technician licence, timber pest management technician licence or ground applicator licence may carry out work authorised by the particular licence without holding the licence—

until 60 days after obtaining the qualification, or

if the person applies to the Environment Protection Authority for the licence within that 60-day period—

until the person is issued with a licence, or

until 14 days after the person receives notice that the application has been refused.

A person may carry out fumigation work, ground applicator work, pest management technician work or timber pest management technician work without a licence if the work is carried out solely for the purpose of selling, testing, maintaining (including servicing or repairing) or disposing of plant (which includes any machinery, equipment or appliance).

A person may carry out fumigation work on land used for an agricultural activity without a licence if—

the person is the owner or occupier of the land or an employee of the owner or occupier, and

the fumigation work is carried out in connection with the agricultural activity for the control of insect pests in stored products or for the control of rabbits, mice or rats, and

the fumigation work is carried out in compliance with the instructions on the approved label for the pesticide being used.

A person may carry out work that is exempt domestic like use of pesticide without a licence if the use of the pesticide is for the control of weeds or the control of pests that affect plants or soil.