Compliance Framework
Compliance Driver
Pesticides Act 1999 (NSW)
Classification
Level 3
Centrally managed, local area(s) requirement.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
NSW Environment Protection Authority (EPA)
Administrative Name
Local Office
Administrative Address
Physical Address
85 Faulkner Street
Armidale NSW
Australia, 2350
Mailing Address
P.O. Box 494
Armidale NSW
Australia, 2350
Administrative Phone
131 555
02 6773 7000
Administrative Email
info@environment.nsw.gov.au
Administrative Website
http://www.epa.nsw.gov.au/pesticides/pesticides.htm
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General Introduction
VC Compliance Delegate
Meredith Parry, Chief Operating Officer
Compliance Coordinator
Bradley Nixon, Associate Director Operational Services
Business Units Impacted
Overview
The Pesticides Act 1999 controls the use of pesticides in New South Wales. The Act aims to reduce the risks associated with the use of pesticides to human health, the environment, property, industry and trade. It also aims to promote collaborative and integrated policies for the use of pesticides. Pesticides must be registered by the Australian Pesticides and Veterinary Medicines Authority (APVMA) before they can be manufactured, supplied, sold or used. Registered pesticides carry an APVMA-approved label that provides users with instructions that are designed to minimise impacts on health, the environment and trade, and which are based on good agricultural practice. The Environment Protection Authority (EPA) enforces the proper use of all pesticides in NSW, after the point of sale. This includes pesticide use in agriculture, on public lands and on domestic and commercial premises.
The EPA encourages pesticide users to improve their management of pesticides through education programs and by facilitating communication among different stakeholder groups.Compliance Obligations
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Comply with legislation
Description
Compliance with legislation
Impacts
It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).
Responsible Manager
Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer
David Snell, Operations Coordinator
Coordinating Unit
Estate and Built Environment
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
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Notification of Pesticide Use
Description
Public authorities are required to develop notification plans for notification of pesticide use.
Impacts
It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).
Responsible Manager
Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer
David Snell, Operations Coordinator
Coordinating Unit
Estate and Built Environment
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
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Pesticide Control Orders
Description
When the APVMA declares pesticide products to be restricted pesticieds, they can only be supplied to and used by persons authorised under state legislation. The Act requires authorisation by way of a pesticide control order
Impacts
It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).
Responsible Manager
Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer
David Snell, Operations Coordinator
Coordinating Unit
Estate and Built Environment
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
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Record Keeping
Description
Keeping records of pesticide use is compulsory for people who use pesticides as part of their job or business.
Impacts
It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).
Responsible Manager
Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer
David Snell, Operations Coordinator
Coordinating Unit
Estate and Built Environment
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
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Training
Description
Training in the use of pesticides is compulsory for people who use pesticides as part of their job or business. These pesticide users must do a short refresher course every five years.
Impacts
It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).
Responsible Manager
Kathy Little, Operations Coordinator
Coordinating Officer
Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit
Estate and Built Environment
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview