Health (Pest Control) Regulations 2002

i Health (Pest Control) Regulations 2002 S.R. No. 97/2002 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revocations 1 5. Definitions 2 6. Licence fees 2 7. Qualifications 3 8. Qualifications for certain existing licensees 3 9. Courses of training for supervised licence holders 4 10. Returns and records 4 __________________ SCHEDULES 5 SCHEDULE 1—Revoked regulations 5 SCHEDULE 2—Approved courses and qualifications 6 SCHEDULE 3—Courses of training 8 ═══════════════ -- 1 of 9 -- 1 STATUTORY RULES 2002 S.R. No. 97/2002 Health Act 1958 Health (Pest Control) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 22 October 2002 Responsible Minister: JOHN THWAITES Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) prescribe fees and qualifications relating to the licensing of users of pesticides; and (b) provide for the making of returns to the Secretary under section 108E of the Health Act 1958. 2. Authorising provisions These Regulations are made under sections 108H, 390 and 391 of the Health Act 1958. 3. Commencement These Regulations come into operation on 26 October 2002. 4. Revocations The Regulations listed in Schedule 1 are revoked. -- 2 of 9 -- S.R. No. 97/2002 Health (Pest Control) Regulations 2002 2 5. Definitions In these Regulations— "registered education and training organisation" has the same meaning as it has in the Victorian Qualifications Authority Act 2000; "the Act" means the Health Act 1958. 6. Licence fees (1) For the purposes of section 108C(2)(a) of the Act— (a) the prescribed fee for a licence other than a licence granted— (i) under section 108C(2A) of the Act; or (ii) to a person referred to in sub-regulation (2)— is $450.00; (b) the prescribed fee for a licence that is granted under section 108C(2A) of the Act is $150.00. (2) For the purposes of sub-regulation (1)(a)(ii), the prescribed fee for a licence granted to a person who— (a) usually resides in another State or Territory of the Commonwealth; and (b) holds a valid licence as an authorised user of pesticides in that State or Territory; and (c) has applied for a licence to use pesticides in Victoria that are the same or similar in all respects to the pesticides that are authorised for use under the licence— is $50.00. r. 5 -- 3 of 9 -- S.R. No. 97/2002 Health (Pest Control) Regulations 2002 3 7. Qualifications For the purposes of section 108C(2)(b) of the Act, a person is qualified to be granted— (a) a licence that only authorises the use of pesticides (except fumigants) that have been formulated for the control of any pest, to control any pest except a pest animal, if the person has completed at least one of the approved courses or has obtained a qualification listed in Part 1 of Schedule 2; and (b) a licence that only authorises the use of pesticides— (i) that have been formulated for the control of any pest animal; and (ii) to protect an area or place in a building used for commercial purposes or domestic premises— if the person has completed the approved course or has obtained a qualification listed in Part 2 of Schedule 2; and (c) a licence that only authorises the use of pesticides that are in the form of fumigants if the person has completed at least one of the approved courses or has obtained a qualification listed in Part 3 of Schedule 2. 8. Qualifications for certain existing licensees Despite regulation 7, an applicant for a licence who— (a) on 26 October 2002 held a licence under section 108C(1) of the Act that authorised the use of all the pesticides or the classes of pesticides that are to be authorised for use under the licence being applied for; and r. 7 -- 4 of 9 -- S.R. No. 97/2002 Health (Pest Control) Regulations 2002 4 (b) at the time of the application had been employed in the pest control industry for at least a total period of 2 years in the 5 year period before the application— is qualified to be granted that licence. 9. Courses of training for supervised licence holders For the purposes of section 108C(2A)(b) of the Act, the prescribed courses of training are set out in Schedule 3. 10. Returns and records (1) For the purposes of section 108E of the Act, a pest control operator must submit returns by 31 December in each year. (2) For the purposes of making returns under sub- regulation (1), a pest control operator must record in writing the following details each time a pesticide is used during the course of the pest control operator's business— (a) the name of the pesticide; and (b) the date it was used; and (c) the place it was used (including the full street address, if applicable); and (d) the purposes for which it was used; and (e) the volume and application rate of the pesticide used for each job; and (f) the name and licence number of the person who applied the pesticide. (3) A pest control operator must retain the records required by sub-regulation (2) at his or her business address for at least 3 years. __________________ r. 9 -- 5 of 9 -- S.R. No. 97/2002 Health (Pest Control) Regulations 2002 5 SCHEDULES SCHEDULE 1 Regulation 4 REVOKED REGULATIONS S.R. No. Title 292/1992 Health (Pest Control Operators) Regulations 1992 95/1993 Health (Pest Control Operators) (Amendment) Regulations 1993 197/1993 Health (Pest Control Operators) (Fees) Regulations 1993 9/1994 Health (Pest Control Operators) (Amendment) Regulations 1994 161/1994 Health (Pest Control Operators) (Fees) Regulations 1994 191/1994 Health (Pest Control Operators) (Qualifications) (Amendment) Regulations 1994 50/1996 Health (Pest Control Operators) (Fees) Regulations 1996 119/1997 Health (Pest Control Operators) (Amendment) Regulations 1997 150/2001 Health (Pest Control Operators) (Amendment) Regulations 2001 __________________ Sch. 1 -- 6 of 9 -- S.R. No. 97/2002 Health (Pest Control) Regulations 2002 6 SCHEDULE 2 Regulation 7 APPROVED COURSES AND QUALIFICATIONS PART 1 Victoria: Certificate in Pest Control (conducted by Commercial Pest Training Services and TAFE Colleges in Victoria). Statement of Attainment in Units 5, 6 and 18 of Certificate II in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation. Certificate for recognition of current competencies or prior learning in pest control issued by a registered education and training organisation. Pest Control Correspondence Course (conducted by Australian Environmental Pest Managers Association). South Australia: South Australia Pest Control Certificate Course (conducted by Gilles Plains College of TAFE). New South Wales: New South Wales Urban Pest Control Course (conducted by New South Wales Department of TAFE at Sydney, Ryde and Werrington Colleges). New South Wales Urban Pest Control Correspondence Course (conducted by New South Wales Department of TAFE, Open Training and Education Network). Western Australia: Western Australia Pesticide Safety, Pest Control Principles, and Pest Control Domestic and Commercial Courses (conducted by Bentley College of TAFE and Western Australia Department of TAFE Division of External Studies). Northern Territory: Northern Territory Pest Control Operators Course (conducted by Northern Territory Institute of TAFE External Studies Centre) plus final unit of Victorian Certificate Course in Pest Control. Sch. 2 -- 7 of 9 -- S.R. No. 97/2002 Health (Pest Control) Regulations 2002 7 Queensland: Queensland Pest Control Course (conducted by Queensland Distance Education Centre) plus final unit of Victorian Certificate Course in Pest Control. Urban Pest Control Course (conducted by Ithaca College of TAFE, Grovely Campus). PART 2 Victoria: Pest Animal Management Course (conducted by Victorian College of Agriculture and Horticulture and Victorian Colleges of TAFE). Statement of Attainment in the Pest Animal Management Unit of the Diploma of Applied Science (Natural Resource Management) issued by a registered education and training organisation. Certificate for recognition of current competencies or prior learning in pest animal control issued by a registered education and training organisation. PART 3 Victoria: Methyl Bromide Fumigation Course (conducted by Victorian College of Agriculture and Horticulture and University of Melbourne). Statement of Attainment in Unit 6 of Certificate II and Unit 11 of Certificate III in Asset Management (Pest Management—Technical) issued by a registered education and training organisation. Certificate for recognition of current competencies or prior learning in the use of fumigants in pest control issued by a registered education and training organisation. Phosphine Fumigation Course conducted by The Grain Elevators Board, VicGrain or GrainCorp. New South Wales: New South Wales Fumigation Course (conducted by New South Wales WorkCover Authority). South Australia: South Australia Fumigation Course (conducted by Gilles Plains College of TAFE). __________________ Sch. 2 -- 8 of 9 -- S.R. No. 97/2002 Health (Pest Control) Regulations 2002 8 SCHEDULE 3 Regulation 9 COURSES OF TRAINING Pest Animal Management Course (conducted by Victorian College of Agriculture and Horticulture and Victorian Colleges of TAFE). Pest Animal Management Course Unit of the Diploma of Applied Science (Natural Resource Management) (conducted by a registered education and training organisation). ═══════════════ Sch. 3 -- 9 of 9 --