Agricultural Chemicals Distribution Control Regulation 2021

This regulation may be cited as the Agricultural Chemicals Distribution Control Regulation 2021.

This regulation commences on 31 August 2021.

The dictionary in schedule 6 defines particular words used in this regulation.

For section 3 of the Act, it is declared that the Act does not apply in the parts of the State shown on the map in schedule 1.

The exact location of the boundary of the parts of the State in which the Act is declared not to apply is held in digital electronic form by the department.

A map showing the exact location of the boundary of the parts of the State in which the Act is declared not to apply can be accessed, free of charge, on the department’s website.

The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.

For the schedule of the Act, definition ground equipment, a machine or apparatus, in an area other than a hazardous area, is prescribed not to be ground equipment for the purposes of the Act if the machine or apparatus—

is powered by hand; or

is powered by compressed air or gas applied directly to the spray liquid for distribution without the use of air blasting techniques; or

is a hose proportioning device.

This section prescribes the qualification for section 12(2)(c) of the Act.

If a person intends to pilot only a manned aircraft under the licence, the qualification prescribed is a spraysafe accreditation.

If a person intends to pilot a manned aircraft, and use a UAV, under the licence, the qualification prescribed is a spraysafe accreditation.

If a person intends to use only a UAV under the licence, the qualification prescribed is—

a spraysafe accreditation; or

a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course—

AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;

AHCCHM304—Transport and store chemicals; or

a record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (b).

This section does not apply in relation to a person mentioned in subsection (2), (3) or (4) who—

does not hold the qualification prescribed under the subsection; but

has successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.

Nothing in this section prevents Aerial Application Association of Australia Ltd ACN 002 501 886 charging a reasonable fee, under an express or implied contract or a law, in relation to providing for a person to attain, or attempt to attain, a spraysafe accreditation.

In this section—

spraysafe accreditation means an accreditation issued by Aerial Application Association of Australia Ltd ACN 002 501 886 that—

is designed for aircraft pilots; and

relates to safety in aerial distribution.

For section 16(1) of the Act, the following classes of a commercial operator’s licence are prescribed—

a commercial operator’s licence, restricted to herbicides or equipment stated in the licence (a restricted commercial operator’s licence);

a commercial operator’s licence, not restricted to herbicides or equipment stated in the licence (an unrestricted commercial operator’s licence).

For section 16(2) of the Act, the qualification prescribed for an unrestricted commercial operator’s licence is—

a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course—

AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;

AHCCHM304—Transport and store chemicals; or

a record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (a).

This section does not apply in relation to a person who—

does not hold the qualification prescribed under subsection (1); but

has successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.

For section 16A(4) of the Act, definition relevant pest management qualification, the qualification prescribed is—

a statement of attainment issued by a registered training organisation stating that a person has successfully completed each of the following units of competency of a VET course—

CPPUPM3005—Manage pests without applying pesticides;

CPPUPM3006—Manage pests by applying pesticides;

CPPUPM3018—Maintain equipment and pesticide storage area in pest management vehicles; or

the successful completion of training the chief executive reasonably considers is substantially equivalent to a statement of attainment mentioned in paragraph (a).

A licence must be in the approved form.

This section applies if the standards officer decides, under section 20 of the Act, to suspend a licence.

The standards officer must, as soon as practical after the decision is made, give the holder of the licence an information notice for the decision.

This section applies if the holder of a licence must be given an information notice under section 11 for a decision of the standards officer to suspend the licence.

The holder may apply to QCAT, as provided under the QCAT Act, for a review of the decision.