Australian Capital Territory Current Regulations

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ENVIRONMENT PROTECTION REGULATION 2005 - REG 55B

Recording use of agricultural chemical products

    (1)     A person commits an offence if the person—

        (a)     uses an agricultural chemical product; and

        (b)     fails to do any of the following:

              (i)     record the required information about the use;

              (ii)     make the record within 48 hours after the use;

              (iii)     keep the record for 2 years after the date of the use.

Maximum penalty: 10 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     The record of use of an agricultural chemical product must include the following information (the required information ):

        (a)     the trade name of the product;

        (b)     the date and time the product was used;

        (c)     the rate at which the product was applied or information that would allow the rate to be worked out;

        (d)     the crop or commodity to which, or the circumstance in which, the product was applied;

        (e)     the address of the parcel of land, and a description of the location within the parcel, where the product was used;

        (f)     the name and contact details of the person who used the product;

        (g)     for a product used in providing a service—the name and contact details of the recipient of the service;

        (h)     for a registered agricultural chemical product—any other information required to be kept by an instruction on the approved label for the product;

              (i)     for an agricultural chemical product used under an agvet permit—any other information required to be kept under the permit.

    (4)     This section does not apply to the use of an agricultural chemical product if the product is—

        (a)     a household product or a home garden product that is—

              (i)     ordinarily used for household use; and

              (ii)     ordinarily available in a retail store; and

              (iii)     applied by hand or by using a hand-held device; or

        (b)     used to sanitise pool or spa water.

Note     Under the Agricultural and Veterinary Chemicals Code Regulations 1995

(Cwlth), sch 3, certain pool and spa products are declared to be, or not to be, agricultural chemical products.

    (5)     In this section:

"hand-held device", for applying an agricultural chemical product, means a device—

        (a)     operated manually by a person to apply the product; and

        (b)     in which the product is stored before it is applied; and

        (c)     that the person is reasonably able to carry while the device is being used to store or apply the product.

Example

a manually operated backpack spray unit

"pool or spa" means a structure ordinarily holding or using water that is ordinarily used for recreation or mainly for recreation, whether intended for public or private use.



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