Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007

Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007 S.R. No. 83/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 New regulation 8 inserted 1 8 Summary of infringement not to affect nature of offence 2 4 Substitution of Part 2 of Schedule 2 2 ═══════════════ ENDNOTES 5 i -- 1 of 6 -- STATUTORY RULES 2007 S.R. No. 83/2007 Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 24 July 2007 Responsible Minister: JOE HELPER Minister for Agriculture RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is to make further provision for the issue of infringement notices under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. 2 Authorising provision These Regulations are made under section 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. 3 New regulation 8 inserted After regulation 7 of the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 20041 insert— 1 -- 2 of 6 -- S.R. No. 83/2007 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007 r. 4 "8 Summary of infringement not to affect nature of offence A summary of an offence in Column 3 of Schedule 2 is not taken to affect the nature of the elements of the offence to which the summary refers or the operation of these Regulations.". 4 Substitution of Part 2 of Schedule 2 For Part 2 of Schedule 2 to the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 substitute— "PART 2⎯OFFENCES UNDER THE AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2007 Column 1 Item No. Column 2 Regulation creating the offence Column 3 Summary of offence 1 5(2) Failure by user of agricultural chemical product to make records 2 5(3) Failure by user of agricultural chemical product to keep records 3 6(3) Failure by user of veterinary chemical product to make records 4 6(4) Failure by user of veterinary chemical products to keep records 5 7(2) Failure by veterinary practitioner to make records of the sale or use of veterinary chemical product 2 -- 3 of 6 -- S.R. No. 83/2007 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007 r. 4 Column 1 Item No. Column 2 Regulation creating the offence Column 3 Summary of offence 6 7(3) Failure by veterinary practitioner to keep records of the sale or use of veterinary chemical product 7 11(1) Failure by user to make record of use of hormonal growth promotant 8 11(2) Failure by user to keep record of use of hormonal growth promotant 9 12(1) Failure by occupier of land to advise person engaged to carry out agricultural spraying whether a school, hospital, premises from which an aged care service is provided or children's service is located within 200 metres of the land and the location of such a school, hospital, premises or service 10 12(2) Failure of person engaged to carry out spraying on land to advise occupier of product to be sprayed and proposed date, time and duration of spraying 11 12(3) Starting spraying on land without advice from occupier as to whether a school, hospital, premises from which an aged care service is provided or children's service is located within 200 metres of the land 3 -- 4 of 6 -- S.R. No. 83/2007 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007 r. 4 Column 1 Item No. Column 2 Regulation creating the offence Column 3 Summary of offence 12 14 Carrying out aerial spraying unless— (a) a smoke generating device is used at ground level at or near the point of spraying immediately before and during spraying; or (b) the aircraft is fitted with a smoke generating device that is operated immediately before and during spraying; or (c) a windsock is in operation and is clearly visible to the pilot at ground level at or near the point of spraying immediately before and during spraying; or (d) an automatic weather station is located at or near the point of spraying and information about the wind speed and direction is available to the pilot immediately before and during spraying ". ". ═══════════════ 4 -- 5 of 6 -- S.R. No. 83/2007 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007 Endnotes ENDNOTES 1 Reg. 3: S.R. No. 155/2004 as amended by S.R. No. 113/2006. 5 -- 6 of 6 --