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s 52

Residue management notices

In force
Part 3Residues on land, chemical products and adulteration
Division 1Residues on land

52 Residue management notices

(1)

If land is found to contain such an amount of an organochlorine, another chemical product or another prescribed substance that an agricultural product derived from the land would be likely to contain more than the maximum residue limit of the organochlorine, chemical product or other substance, the Director General may give the owner or occupier of the land a residue management notice.

(2)

A residue management notice must —

(a)

be in a form approved by the Director General; and

(b)

advise the owner or occupier of the land to whom it is given that the land has been found to contain such an amount of an organochlorine, another chemical product or another prescribed substance that an agricultural product derived from the land would be likely to contain more than the maximum residue limit of the organochlorine, chemical product or other substance; and

(c)

direct that the use of the land for the production of agricultural products is restricted as specified in the notice.

(3)

Without limiting subsection (2)(c), a direction in a residue management notice may require the owner or occupier of the land to obtain the written approval of an inspector before using the land in a manner, or for a purpose, specified in the notice.

(4)

An owner or occupier of land who uses land in contravention of a direction in a residue management notice that is binding on the owner or occupier commits an offence.

Penalty: $50 000.

(5)

A residue management notice remains in force until it is cancelled under section 53(2).

(6)

A residue management notice —

(a)

while it remains in force, binds each person to whom it is given; and

(b)

while a notification of the residue management notice remains registered under section 101(4), and unless a removal of notification is registered under that section, binds each successive owner or occupier of the land to which the residue management notice relates.

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