Agricultural Chemicals Distribution Control Regulation 1998
Queensland Agricultural
Chemicals Distribution Control Act 1966 Agricultural Chemicals
Distribution Control
Regulation 1998
Current as at 1 July 2013
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Queensland Agricultural
Chemicals Distribution Control Regulation 1998
Contents Part 1
1 2 3
4 Part 2 Division 1
5 6 Division 2
7 8 8A
Division 3 Subdivision
1 9 10 11
12 Subdivision 2 13 Division 4
14 15 Page
Preliminary Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 5 Definitions. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Parts of State excluded—Act, s 3. . .
. . . . . . . . . . . . . . . . . . . . . . 5
Exclusion from definition ground
equipment . . . . . . . . . . . . . . . .
6 Licences General Form
of licence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Classes of commercial operator’s licence—Act, s 16(1) . . . . . . . 7 Licence qualifications Pilot chemical rating licence—Act, s 12(2)(b). . . . . . . . . . . . . . . . 7 Commercial
operator’s
licence—Act,
s 16(2) . . . . . . . . . . . . . . . . 7
Commercial
operator’s
licence—relevant pest management qualification
for pest management technician—Act, s 16A . . . . .
7 Examinations and approved
accreditations Examinations Who may sit for
examination . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 8 Conduct of examination . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 8
Notice of examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Cancellation
of result
and re-examination
. . . . . . . . . . . . . . . . . .
9
Approved accreditations Board may approve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Refusal of licences
When board may refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Notice of refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Agricultural Chemicals Distribution Control
Regulation 1998 Contents Division 5
16 17 18
19 19A Division 7
24 Part 3 Division 1
27 28 29
30 31 Division 2
Subdivision 1 32 33
Subdivision 2 34 35
36 37 38
38A Subdivision 3 39 40
41 42 43
Part
4 44 45 Schedule 1
Page
2 Suspension and cancellation
Notice of suspension by standards officer .
. . . . . . . . . . . . . . . . . Right of review
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Substituted decision on review . . . . . . .
. . . . . . . . . . . . . . . . . . . . Surrender of
licence suspended by standards officer . . . . . . . . .
Surrender
of licence
suspended or
cancelled by
chief executive .
Miscellaneous Production of
licences .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Aerial and ground distribution General Notice
of damage
by agricultural chemicals—Act,
s 30(1) . . . . . . Regulation
of distribution if
damage or
injury to
crop or
stock .
. .
Regulation
of aerial
distribution . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction
on opening
containers of
volatile chemicals . . . . . . . . Prescribed
matters for
register—Act,
s 24(1) . . . . . . . . . . . . . . . . Hazardous
areas Preliminary Definitions for
div 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hazardous
areas—Act,
s 28(1) . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution
conditions Prescribed conditions
for distribution .
. . . . . . . . . . . . . . . . . . . . . No distribution if
damage or
injury to
crop or
stock .
. . . . . . . . . .
Smoke generation for
aerial distribution .
. . . . . . . . . . . . . . . . . . . Conditions
for hazardous
area No.
1 . . . . . . . . . . . . . . . . . . . . . . Conditions
for hazardous
area No.
2 . . . . . . . . . . . . . . . . . . . . . . Conditions
for hazardous
area No.
3 . . . . . . . . . . . . . . . . . . . . . . Distribution
permits Application for
a distribution permit
. . . . . . . . . . . . . . . . . . . . . . . Issue
of distribution permit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Distribution
permit conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice
of refusal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous False or misleading statements
or documents
. . . . . . . . . . . . . . . Fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Areas excluded from
Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11
11 11 12 12
13
13
13
14
14
15
15
16
16
16
17
17
18
18
19
19
20
20
20
21
22
Schedule 1A Schedule 1B
Schedule 1C Schedule 2
Agricultural Chemicals Distribution Control
Regulation 1998 Contents Hazardous area
No. 1 . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . Hazardous area No. 2 . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Hazardous area
No. 3 . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . Fees . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 23 24 25
26 Endnotes 1
2 3 4
5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . .
. . . . Key . . . . . . . . .
. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table of reprints . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
List of legislation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
List of annotations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27
27 28 29 31
Page
3
Agricultural Chemicals Distribution Control
Regulation 1998 Part 1 Preliminary [s 1]
Agricultural Chemicals Distribution
Control Regulation 1998 [as amended by
all amendments that commenced on or before 1 July 2013]
Part
1 Preliminary 1
Short
title This regulation may
be cited as
the Agricultural Chemicals
Distribution Control Regulation 1998
. 2 Definitions In this
regulation— apply ,
for a licence,
includes an
application to
renew the
licence by a person who holds the
licence. approved accreditation means an
accreditation the holding of which is
approved under section 13. examination ,
for a licence,
means an
examination for
the licence conducted under part 2,
division 3, subdivision 1. hazardous area No. 1
see
section 33(1)(a). hazardous area No. 2 see section
33(1)(b). hazardous area No. 3 see section
33(1)(c). 3 Parts of State excluded—Act, s
3 (1) For section 3 of the Act, the parts of
the State to which the Act does not apply are shown on the map in
schedule 1. (2) The exact location of the boundary of
the parts of the State to which the Act does not apply is held
in digital electronic form by the department. Current as at 1
July 2013 Page 5
Agricultural Chemicals Distribution Control
Regulation 1998 Part 2 Licences [s 4]
(3) A map showing the exact location of
the boundary of the parts of the State to which the Act does not
apply can be accessed, free of charge, on the department’s
website. Editor’s note —
The
department’s website address is <www.daff.qld.gov.au>.
(4) The information held in digital
electronic form can be reduced or enlarged to
show the details of the boundaries. 4
Exclusion from definition
ground equipment (1)
For the definition ground
equipment in
the schedule of
the Act, the equipment described in
subsection (2) is, other than in a hazardous
area, prescribed not to be ground equipment for the
Act. (2) Subsection (1)
applies to
equipment used
to distribute an
agricultural chemical that is—
(a) powered by hand or by compressed air
or gas applied directly to the spray liquid for
distribution without the use of air blast techniques; or
(b) a hose proportioning device.
Part
2 Licences Division 1
General 5
Form
of licence A licence or a renewal of a licence must be
in the approved form. Page 6
Current as at 1 July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Part 2 Licences [s 6]
6 Classes of commercial operator’s
licence—Act, s 16(1) For section
16(1) of
the Act, the
prescribed classes
of commercial operator’s licences
are— (a) an unrestricted commercial operator’s
licence; and (b) a commercial operator’s licence,
restricted to herbicides or equipment stated in the
licence. Division 2 Licence
qualifications 7 Pilot chemical rating licence—Act, s
12(2)(b) For section 12(2)(b) of the Act, the
prescribed qualification for a person to apply for or hold a
pilot chemical rating licence is that the
person must— (a) have passed the examination for the
licence; or (b) hold an approved accreditation for the
licence. 8 Commercial operator’s licence—Act, s
16(2) For section 16(2) of the Act, the prescribed
qualification for a person to apply for or hold a commercial
operator’s licence is that the person must—
(a) have passed the examination for the
licence; or (b) hold an approved accreditation for the
licence. 8A Commercial operator’s licence—relevant
pest management qualification for pest
management technician—Act, s 16A (1)
For section 16A(1)
of the Act,
a relevant pest
management qualification is
a statement of
attainment issued
by a registered
training organisation stating that an individual has
successfully completed each of the following
competencies— (a) PRMPM05—Modify environment to manage
pests; Current as at 1 July 2013 Page
7
Agricultural Chemicals Distribution Control
Regulation 1998 Part 2 Licences [s 9]
(b) PRMPM06—Apply pesticide to manage
pests; (c) PRMPM18—Maintain an
equipment and
consumables storage
area. (2) In this section— registered training
organisation see
the Vocational Education,
Training and Employment Act 2000 , schedule
3. Division 3 Examinations and
approved accreditations Subdivision
1 Examinations 9
Who
may sit for examination A person
may sit for
an examination for
a pilot chemical
rating licence or a commercial operator’s
licence if— (a) the person has not failed—
(i) an examination for the licence within
7 days; or (ii) 3 consecutive
examinations for the licence and the last failure was
within 3 months; and (b) the person gives
written notice to the standards officer that the person
wishes to sit for an examination for the licence.
10 Conduct of examination
(1) This section
applies if
a person mentioned
in section 9
has given notice to the standards officer
under section 9(b). (2) The standards officer must conduct the
examination as soon as practicable. (3)
The
standards officer may— (a) appoint
another person
who has appropriate qualifications,
experience or standing to help the officer Page 8
Current as at 1 July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Part 2 Licences [s 11]
conduct the examination; or
(b) fix conditions for the conduct of the
examination; or (c) fix the standard to pass the
examination. (4) An appointment must be by signed
writing. 11 Notice of examination
(1) The standards officer must give each
applicant to sit for an examination notice of its time and
place as soon as practicable after the
officer receives the application. (2)
Notice under subsection (1) may be given
orally. (3) The officer must also give each
applicant written notice of the following before
the examination starts— (a) any conditions
fixed for the conduct of the examination; (c)
the
standard for a pass. 12 Cancellation of result and
re-examination (1) This section applies if the board
considers that— (a) cheating or an irregularity happened
in the conduct of an examination; and (b)
the examination result
for a person
who sat for
the examination (the
candidate )
would not
have been
the same if the cheating or irregularity
had not happened. (2) The board may cancel the candidate’s
result. (3) If the result is cancelled, the
candidate— (a) is taken not to have sat for the
examination; and (b) subject to
section 9(a),
may apply to
sit for the
examination again. (4)
The board must
give an
information notice
for the cancellation as
soon as
practicable after
making the
cancellation. Current as at 1
July 2013 Page 9
Agricultural Chemicals Distribution Control
Regulation 1998 Part 2 Licences [s 13]
(5) The candidate may apply, as provided
under the QCAT Act, to QCAT for a review of the
decision. (6) This section
does not
apply to
a decision that
QCAT substitutes for
the cancellation. Subdivision 2 Approved
accreditations 13 Board may approve (1)
The
board may, by gazette notice, approve the holding of an
accreditation as an alternative
qualification to the passing of the
examination for
a pilot chemical
rating or
commercial operator’s
licence. (2) The board may approve an accreditation
only if satisfied the holding of the accreditation is an
appropriate qualification for the
licence. Division 4 Refusal of
licences 14 When board may refuse
(1) The board
may refuse an
application for
a licence if
the applicant has
committed an
offence against
the Act or
the Health (Drugs and Poisons) Regulation
1996 , section 290. (2)
The board may
also refuse
an application for
an aerial distribution contractor licence
or ground distribution contractor’s
licence if the applicant has contravened a request
by
the standards officer under section 26(2) of the Act.
15 Notice of refusal If the board
decides to refuse an application for a licence, the
standards officer
must give
the applicant an
information notice for the
decision as soon as practicable after the making
of
the decision. Page 10 Current as at 1
July 2013
Division 5 Agricultural
Chemicals Distribution Control Regulation 1998 Part 2
Licences [s 16] Suspension and
cancellation 16 Notice of suspension by standards
officer If the standards
officer decides
to suspend a
licence under
section 20
of the Act,
the standards officer
must give
the holder of the licence an information
notice for the decision as soon as practicable after the making
of the decision. 17 Right of review (1)
This
section applies if the standards officer gives the holder of
a suspended licence
an information notice
for the officer’s
decision to suspend the licence.
(2) The holder may apply, as provided
under the QCAT Act, to QCAT for a review of the
decision. 18 Substituted decision on review
Sections 16
and 17 do
not apply to
a decision that
QCAT substitutes for
the decision that was reviewed. 19
Surrender of licence suspended by standards
officer (1) An information notice given to a
holder of a licence by the standards officer under section 16(1)
may state a day by which the holder must surrender the licence
to the standards officer. (2) The holder must
comply with the information notice unless the holder has a
reasonable excuse for not complying with it. Maximum
penalty—20 penalty units. (3) The standards
officer must return the licence to the holder as
soon as
practicable if,
because of
a review, the
suspension mentioned in the
notice ends. Current as at 1 July 2013 Page
11
Agricultural Chemicals Distribution Control
Regulation 1998 Part 2 Licences [s 19A]
19A Surrender of licence suspended or
cancelled by chief executive (1)
An
information notice given to a licensee or former licensee
by
the chief executive under section 21(5) of the Act may state
a
day by which the person must surrender the licence to the
chief executive. (2)
The
person must comply with a requirement under subsection
(1)
unless the person has a reasonable excuse. Maximum
penalty—20 penalty units. (3) The chief
executive must return the licence to the person as
soon
as practicable if, because of a review, the cancellation or
suspension mentioned in the notice
ends. Division 7 Miscellaneous 24
Production of licences (1)
This
section applies if the standards officer or an inspector—
(a) finds a
licensee committing, or
reasonably suspects
a licensee has committed, an offence
against the Act; or (b) is exercising a power under section 32
or 34 of the Act and the exercise of the power relates to a
licensee. (2) The officer may require the licensee
to produce to the officer at a stated reasonable time and place
any licence held by the person that relates to the offence or
the exercise of the power. (3) The
person must
comply with
the requirement unless
the person has a reasonable excuse for not
complying with it. Maximum penalty—20 penalty units.
(4) If the person is required to produce a
commercial operator’s licence, the
requirement may
also be
complied with
by the production of
the licence within 2 days to— (a)
the
person in charge of any police station nominated by
the
officer; or Page 12 Current as at 1
July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Part 3 Aerial and ground distribution
[s
27] (b) a public service employee employed by
the department who is nominated by the officer.
Part
3 Aerial and ground distribution
Division 1 General
27 Notice of damage by agricultural
chemicals—Act, s 30(1) For section
30(1) of
the Act, the
prescribed particulars and
information for
a notice to
the standards officer
are the particulars and
information required
to be given
in the approved
form. 28 Regulation of distribution if damage
or injury to crop or stock (1)
This
section applies to— (a) the pilot in command in charge of
aerial distribution; or (b) a
licensed commercial operator
in charge of
ground distribution. (2)
The
pilot or operator must not carry out the distribution with
equipment or
under meteorological conditions that
might reasonably be
expected to cause damage or injury to— (a)
a
crop that the pilot or operator did not intend to treat by
the
distribution; or (b) stock. Maximum
penalty—20 penalty units. 29 Regulation of
aerial distribution A pilot in
command must
not carry out
aerial distribution unless each
spray nozzle used to carry out the distribution is
Current as at 1 July 2013 Page
13
Agricultural Chemicals Distribution Control
Regulation 1998 Part 3 Aerial and ground distribution
[s
30] fitted with a positive and effective
leak-proof cut-off system. Maximum penalty—20 penalty
units. 30 Restriction on opening containers of
volatile chemicals (1) This section applies if a container
holds a volatile formulation of 2,4-D, MCPA
or picloram (a volatile chemical ).
(2) A person must not open the container
within 25m of a crop or of stock that is susceptible to damage
from a volatile chemical unless the
person has
a reasonable excuse
for opening the
container. Maximum
penalty—20 penalty units. (3) It is a
reasonable excuse for the person to open the container if
the
person was not reasonably aware that— (a)
the
container held a volatile chemical; and (b)
the stock or
crop was
susceptible to
damage from
a volatile chemical. 31
Prescribed matters for register—Act, s
24(1) (1) For section 24(1) of the Act, the
register must be kept in an electronic
form. (2) For section 24(1) of the Act, the
following are the prescribed particulars for
licensees to be entered in the register— (a)
the
licensee’s address; (b) the number
of the licensee’s licence
or renewal of
licence; (c)
the
date the licence or renewal was granted. (3)
The
standards officer may also enter other particulars in the
register that the standards officer thinks
are appropriate. Page 14 Current as at 1
July 2013
Division 2 Agricultural
Chemicals Distribution Control Regulation 1998 Part 3 Aerial and
ground distribution [s 32] Hazardous
areas Subdivision 1 Preliminary 32
Definitions for div 2 In this
division— authorised technique , for ground
distribution, means— (a) a stem
injection; or (b) cut stump treatment, frill ringing or
basal bark treatment carried out no less than 100m of a
crop that— (i) is not on a property owned by the
person for whom the treatment is carried out; and
(ii) is susceptible
to damage from the treatment. distribution
permit means a distribution permit issued by
the board under section 40. permit
condition means
a condition imposed
under section
41. 33 Hazardous
areas—Act, s 28(1) (1) For section 28 of the Act, each of the
following is declared to be a hazardous area—
(a) the area shown on the map in schedule
1A ( hazardous area No.
1 ); (b) the area shown
on the map in schedule 1B ( hazardous
area
No. 2 ); (c) the area shown
on the map in schedule 1C ( hazardous
area
No. 3 ). (2) The exact
location of the boundary of each of the hazardous
areas is held in digital electronic form by
the department. (3) Maps showing the exact location of the
boundary of each of the hazardous areas
can be accessed,
free of
charge, on
the Current as at 1 July 2013
Page
15
Agricultural Chemicals Distribution Control
Regulation 1998 Part 3 Aerial and ground distribution
[s
34] department’s website. Editor’s
note — The department’s website address is
<www.daff.qld.gov.au>. (4)
The
information held in digital electronic form can be reduced
or
enlarged to show the details of the boundaries. Subdivision
2 Distribution conditions 34
Prescribed conditions for
distribution This subdivision prescribes, for
section 29
of the Act,
the conditions for
a person to
carry out
aerial or
ground distribution in
a hazardous area. Editor’s note —
Under
section 29 (Carrying out of distributions in hazardous areas)
of the Act, a person must not carry out aerial
or ground distribution in a hazardous area unless the distribution
is carried out under the conditions prescribed
by regulation for
the area. The
maximum penalty
for contravention of
section 29
is 100 penalty
units or
6 months imprisonment. 35
No
distribution if damage or injury to crop or stock
Aerial or
ground distribution must
not be carried
out in a
hazardous area
with equipment
or under meteorological conditions that
might reasonably be expected to cause damage or injury
to— (a) a crop
that the
person did
not intend to
treat by
the distribution; or (b)
stock. 36
Smoke
generation for aerial distribution Aerial
distribution must not be carried out in a hazardous area
unless— Page 16
Current as at 1 July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Part 3 Aerial and ground distribution
[s
37] (a) the aircraft used to carry out the
distribution has a smoke generating device installed or
attached; and (b) the device is used to show
air
movement immediately before and during the
distribution. 37 Conditions for hazardous area No.
1 (1) This section applies to hazardous area
No. 1. (2) Aerial distribution of picloram or
ester formulations of MCPA or 2,4-D
(a chemical )
must not
be carried out
unless the
person carrying out the distribution holds a
distribution permit that allows the person to carry out the
distribution. (3) Ground distribution of
a chemical must
not be carried
out unless— (a)
the person carrying
out the distribution holds
a distribution permit
that allows
the person to
carry out
the
distribution; or (b) the distribution is by an authorised
technique. 38 Conditions for hazardous area No.
2 (1) This section applies to hazardous area
No. 2. (2) Aerial or ground distribution of ester
formulations of 2,4-D must not be carried out.
(3) Aerial distribution of an ester
formulation of picloram must not
be carried out
unless the
person carrying
out the distribution
holds a distribution permit that allows the person
to
carry out the distribution. (4)
Ground distribution of an ester formulation
of picloram must not be carried out unless—
(a) the person
carrying out
the distribution holds
a distribution permit
that allows
the person to
carry out
the
distribution; or (b) the distribution is by an authorised
technique. Current as at 1 July 2013 Page
17
Agricultural Chemicals Distribution Control
Regulation 1998 Part 3 Aerial and ground distribution
[s
38A] 38A Conditions for hazardous area No.
3 (1) This section applies to hazardous area
No. 3. (2) Aerial distribution of an ester
formulation of 2,4-D must not be carried out
unless the person carrying out the distribution holds a
distribution permit that allows the person to carry out
the
distribution. (3) Ground distribution of an ester
formulation of 2,4-D must not be carried out
unless— (a) the person
carrying out
the distribution holds
a distribution permit
that allows
the person to
carry out
the
distribution; or (b) the distribution is by an authorised
technique. Subdivision 3 Distribution
permits 39 Application for a distribution
permit (1) A person who holds an aerial
distribution contractor licence may apply to the
board for a distribution permit for a stated individual to
carry out aerial distribution in a stated hazardous
area
if the individual— (a) is a pilot in command who holds a
pilot chemical rating licence; and (b)
either— (i)
is
the applicant; or (ii) will carry out
the aerial distribution— (A) in the course of
the applicant’s business; or (B)
at
the direction, or under the authority, of the applicant. (2)
A
person who holds an aerial distribution contractor licence
or ground distribution contractor’s licence
may apply to
the board for a distribution permit for a
stated individual to carry Page 18 Current as at 1
July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Part 3 Aerial and ground distribution
[s
40] out ground distribution in
a stated hazardous
area if
the individual— (a)
holds a commercial operator’s licence;
and (b) either— (i)
is
the applicant; or (ii) will carry out
the ground distribution— (A) in the course of
the applicant’s business; or (B)
at
the direction, or under the authority, of the applicant. (3)
An
application must be made— (a) in the approved
form; and (b) at least 10 days before the day on
which the applicant proposes to start the distribution applied
for. (4) The board must grant or refuse the
application. (5) If the board does not grant or refuse
the application within 3 months of the making of the
application, it is taken to have— (a)
refused the application; and
(b) given the applicant an information
notice for the refusal at the end of the 3 months.
40 Issue of distribution permit
If
the board grants the application, it must issue a
distribution permit in the approved form within 14
days. 41 Distribution permit conditions
(1) The board may impose reasonable
conditions for the issuing of the distribution permit.
(2) If the
board imposes
a permit condition, it
must give
the applicant an
information notice
for the decision
within 14
days
after the imposition of the condition. Current as at 1
July 2013 Page 19
Agricultural Chemicals Distribution Control
Regulation 1998 Part 4 Miscellaneous [s 42]
42 Notice of refusal If the board
decides to refuse the application, it must give the
applicant an
information notice
within 14
days after
the making of the decision.
43 Right of review (1)
This
section applies if the board— (a)
gives the
applicant for
a distribution permit
an information notice for the board’s
decision to refuse the application; or (b)
decides to grant the application, but to
impose a permit condition for the issuing of the
distribution permit. (2) The applicant
may apply, as provided under the QCAT Act, to QCAT for a
review of the decision to refuse the application or
impose the permit condition.
(3) This section
does not
apply to
a decision that
QCAT substitutes for
the decision. Part 4 Miscellaneous 44
False
or misleading statements or documents (1)
A
person must not— (a) state anything
to the standards
officer or
board the
person knows
is false or
misleading in
a material particular;
or (b) give the
standards officer
or board a
document the
person knows
is false or
misleading in
a material particular. Maximum
penalty—20 penalty units. Page 20 Current as at 1
July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Part 4 Miscellaneous [s 45]
(2) Subsection (1)(b)
does not
apply to
a person who,
when giving the
document— (a) tells the
standards officer
or board, to
the best of
the person’s ability, how it is false or
misleading; and (b) if the
person has,
or can reasonably get,
the correct information—gives the
correct information to
the standards officer or board.
(3) It is enough for a complaint against a
person for an offence against subsection (1)
to state the
statement made
or the document
given was
false or
misleading to
the person’s knowledge
without stating which. 45 Fees
The
fees payable under the Act are in schedule 2. Current as at 1
July 2013 Page 21
Agricultural Chemicals Distribution Control
Regulation 1998 Schedule 1 Schedule 1
Areas excluded from Act section 3
Page
22 Current as at 1 July 2013
Schedule 1A Agricultural
Chemicals Distribution Control Regulation 1998 Schedule
1A Hazardous area No. 1 section
33(1)(a) Current as at 1 July 2013 Page
23
Agricultural Chemicals Distribution Control
Regulation 1998 Schedule 1B Schedule
1B Hazardous area No. 2 section
33(1)(b) Page 24 Current as at 1
July 2013
Schedule 1C Agricultural
Chemicals Distribution Control Regulation 1998 Schedule
1C Hazardous area No. 3 section
33(1)(c) Current as at 1 July 2013 Page
25
Agricultural Chemicals Distribution Control
Regulation 1998 Schedule 2 Schedule 2
Fees section 45 $
1 Examination fee for commercial
operator’s licence or pilot chemical rating
licence . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 30.80 2
Issue of aerial distribution contractor
licence, commercial operator’s licence, ground distribution
contractor’s licence or pilot chemical rating
licence— (a) for 1 year . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 27.90
(b) for 3 years . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 65.55
3 Renewal of
aerial distribution contractor licence,
commercial operator’s licence,
ground distribution contractor’s
licence or pilot chemical rating licence— (a)
for
1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 18.80 (b)
for
3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 56.40 Page 26
Current as at 1 July 2013
Endnotes Agricultural
Chemicals Distribution Control Regulation 1998 Endnotes
1 Index to endnotes Page
2 Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.27 3 Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .27 4 Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .28 5
List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .29
6 List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .31 2 Date to which amendments
incorporated This is the reprint date mentioned in
the Reprints Act 1992 , section 5(c).
Accordingly, this reprint includes all amendments that
commenced operation on or before 1 July 2013. Future amendments
of the Agricultural Chemicals Distribution Control
Regulation 1998 may be made in accordance with this reprint
under the Reprints Act 1992 , section
49. 3 Key Key to
abbreviations in list of legislation and annotations
Key AIA amd
amdt ch def
div exp gaz
hdg ins lap
notfd num
o in
c om orig p
para prec pres
prev Explanation =
Acts
Interpretation Act 1954 = amended
= amendment =
chapter =
definition =
division =
expires/expired =
gazette =
heading =
inserted =
lapsed =
notified =
numbered =
order in council =
omitted =
original =
page =
paragraph =
preceding =
present =
previous Current as at 1
July 2013 Key (prev) proc
prov pt
pubd R[X]
RA reloc renum
rep (retro) rv
s sch sdiv
SIA SIR SL
sub unnum Explanation =
previously =
proclamation =
provision =
part =
published =
Reprint No. [X] =
Reprints Act 1992 =
relocated =
renumbered =
repealed =
retrospectively =
revised version =
section =
schedule =
subdivision =
Statutory Instruments Act 1992
= Statutory Instruments Regulation
2002 = subordinate legislation
= substituted =
unnumbered Page
27
Agricultural Chemicals Distribution Control
Regulation 1998 Endnotes 4
Table of reprints A new reprint of
the legislation is prepared by the Office of the Queensland
Parliamentary Counsel each time a change to the legislation
takes effect. The notes column for this reprint gives
details of any discretionary editorial powers under
the Reprints Act 1992 used by the
Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatory requirements that
all amendments be
included and
all necessary consequential amendments be
incorporated, whether of punctuation, numbering or another kind.
Further details of the use of any discretionary
editorial power noted in the table can be obtained by
contacting the Office of the Queensland
Parliamentary Counsel by telephone on 3237 0466 or email
legislation.queries@oqpc.qld.gov.au. From
29 January 2013,
all Queensland reprints
are dated and
authorised by
the Parliamentary Counsel. The previous
numbering system and distinctions between printed
and
electronic reprints is not continued with the relevant details for
historical reprints included in this table. Reprint
No. 1 1A
1B 1C 2
Amendments to none
1999
SL No. 184 2000 SL No. 169 2000 SL No.
283 2001 SL No. 177 Effective
15
May 1998 6 August 1999 1 July
2000 10 November 2000 28 September
2001 Reprint date 3 July
1998 6 September 1999 4 July
2000 13 November 2000 2 November
2001 Reprint No.
2A 2B 2C
2D 2E 2F
3 3A 3B
3C 3D 4
4A 4B 4C
4D 4E rv 4F
Amendments included 2002 SL No.
351 2003 SL No. 239 2003 SL No.
335 2004 SL No. 231 2005 SL No.
268 2006 SL No. 267 —
2007
SL No. 77 2007 SL No. 232 2008 SL No.
38 2008 SL No. 314 —
2009
SL No. 176 2009 Act No. 24 2010 SL No.
268 2011 SL No. 110 2012 SL No.
92 2012 SL No. 103 Effective
13
December 2002 4 November 2003 14 December
2003 29 November 2004 11 December
2005 4 December 2006 4 December
2006 4 May 2007 29 October
2007 15 March 2008 19 September
2008 19 September 2008 28 August
2009 1 December 2009 1 October
2010 1 July 2011 1 July
2012 20 July 2012 Notes
R2F
withdrawn, see R3 R3D withdrawn, see R4 Current as
at 1 July 2013 Amendments
included 2013 SL No. 102 Notes
Page
28 Current as at 1 July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Endnotes 5
List
of legislation Regulatory impact statements
For
subordinate legislation that has a regulatory impact statement,
specific reference to the statement is included in this
list. Explanatory notes All subordinate
legislation made on or after 1 January 2011 has an explanatory
note. For subordinate legislation made before 1 January
2011 that has an explanatory note, specific reference to the
note is included in this list. Agricultural
Chemicals Distribution Control Regulation 1998 SL No. 135
made
by the Governor in Council on 14 May 1998 notfd gaz 15 May
1998 pp 311–16 commenced on date of notification
exp
31 August 2013 (see SIA s 56A(2) and SIR s 4 sch 2 pt 2)
Note—The expiry date may have changed since
this reprint was published. See the latest reprint of
the SIR for any change. amending legislation—
Primary Industries Legislation Amendment
Regulation (No. 2) 1999 SL No. 184 ss 1, 15 sch
notfd
gaz 6 August 1999 pp 1983–4 commenced on date of
notification Primary Industries Legislation Amendment
Regulation (No. 1) 2000 SL No. 169 pts 1–2
notfd
gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of
notification remaining provisions commenced 1 July 2000
(see s 2) Agricultural Chemicals Distribution Control
Amendment Regulation (No. 1) 2000 SL No.
283 notfd gaz 10 November 2000 pp 1016–17
commenced on date of notification
Note—A regulatory impact statement and
explanatory note were prepared Primary
Industries Legislation Amendment Regulation (No. 1) 2001 SL No. 177
pts 1–2 notfd gaz 28 September 2001 pp
328–30 commenced on date of notification
Primary Industries Legislation Amendment
Regulation (No. 2) 2002 SL No. 351 pts 1–2
notfd
gaz 13 December 2002 pp 1266–9 commenced on date
of notification Current as at 1 July 2013 Page
29
Agricultural Chemicals Distribution Control
Regulation 1998 Endnotes Primary
Industries Legislation Amendment Regulation (No. 1) 2003 SL No. 239
pts 1–2 notfd gaz 3 October 2003 pp
382–5 ss 1–2 commenced on date of
notification remaining provisions commenced 4 November
2003 (see s 2) Primary Industries Legislation Amendment
Regulation (No. 2) 2003 SL No. 335 pts 1–2, s 3
sch notfd gaz 12 December 2003 pp 1203–7
ss
1–2 commenced on date of notification remaining
provisions commenced 14 December 2003 (see s 2) Primary
Industries Legislation Amendment Regulation (No. 1) 2004 SL No. 231
pts 1–2 notfd gaz 29 October 2004 pp
734–7 ss 1–2 commenced on date of
notification remaining provisions commenced 29 November
2004 (see s 2) Primary Industries Legislation Amendment
Regulation (No. 1) 2005 SL No. 268 pts 1–2
notfd
gaz 11 November 2005 pp 955–7 ss 1–2 commenced
on date of notification remaining provisions commenced 11
December 2005 (see s 2) Primary Industries Legislation
Amendment Regulation (No. 1) 2006 SL No. 267 pts
1–2 notfd gaz 3 November 2006 pp
1103–4 ss 1–2 commenced on date of
notification remaining provisions commenced 4 December
2006 (see s 2) Primary Industries Legislation Amendment
Regulation (No. 1) 2007 SL No. 77 pts 1– 2
notfd
gaz 4 May 2007 pp 116–17 commenced on date of
notification Primary Industries Legislation Amendment
Regulation (No. 2) 2007 SL No. 232 ss 1– 2(1), pt
2 notfd gaz 21 September 2007 pp 447–9
ss
1–2 commenced on date of notification remaining
provisions commenced 29 October 2007 (see s 2(1))
Primary Industries and Other Legislation
Amendment Regulation (No. 1) 2008 SL No. 38 pts
1–2 notfd gaz 29 February 2008 pp 1012–14
ss
1–2 commenced on date of notification remaining
provisions commenced 15 March 2008 (see s 2) Primary
Industries and Fisheries Legislation Amendment Regulation (No. 1)
2008 SL No. 314 s 1, pt 2 notfd gaz 19
September 2008 pp 407–9 commenced on date of
notification Page 30 Current as at 1
July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Endnotes Queensland Civil
and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009 No. 24 ss 1–2, ch 5 pt 2
date
of assent 26 June 2009 ss 1–2 commenced on date of
assent remaining provisions commenced 1 December
2009 (2009 SL No. 252) Primary Industries and Fisheries
Legislation Amendment Regulation (No. 2) 2009 SL No. 176 pts
1–2 notfd gaz 28 August 2009 pp 1491–6
commenced on date of notification
Primary Industries and Fisheries Legislation
Amendment Regulation (No. 1) 2010 SL No. 268 pts
1–2 notfd gaz 1 October 2010 pp 294–7
commenced on date of notification
Employment, Economic
Development and
Innovation Legislation Amendment
Regulation (No. 1) 2011 SL No. 110 pts
1–2 notfd gaz 24 June 2011 pp 534–8
ss
1–2 commenced on date of notification remaining
provisions commenced 1 July 2011 (see s 2) Agriculture and
Fisheries Legislation Amendment Regulation (No. 1) 2012 SL No.
92 pts 1–2 notfd gaz 29 June
2012 pp 704–10 ss 1–2 commenced on date of
notification remaining provisions commenced 1 July 2012
(see s 2) Vocational Education, Training and Employment
and Other Legislation Amendment Regulation (No.
1) 2012 SL No. 103 pts 1, 3 notfd gaz 20 July 2012 pp 863–7
commenced on date of notification
Agriculture and Fisheries Legislation
Amendment Regulation (No. 1) 2013 SL No. 102 pts
1–2 notfd gaz 21 June 2013 pp 503–7
ss
1–2 commenced on date of notification remaining
provisions commenced 1 July 2013 (see s 2) 6
List
of annotations Definitions s 2
def authorised technique
om
2000 SL No. 283 s 3(1) def distribution
permit om 2000 SL No. 283 s 3(1)
def hazardous area No. 1
sub
2000 SL No. 283 s 3(1)–(2) amd 2009 SL No. 176 s 3(1)
def hazardous area No. 2
sub
2000 SL No. 283 s 3(1)–(2) amd 2009 SL No. 176 s 3(2)
def hazardous area No. 3
ins
2000 SL No. 283 s 3(2) Current as at 1 July 2013
Page
31
Agricultural Chemicals Distribution Control
Regulation 1998 Endnotes amd 2009 SL No.
176 s 3(3) def permit condition om 2000 SL No.
283 s 3(1) Parts of State excluded—Act, s 3
s
3 amd 2008 SL No. 38 s 4 Exclusion from
definition ground equipment s 4
amd
2007 SL No. 77 s 2 Form of licence s 5
amd
2003 SL No. 335 s 4 Commercial operator’s licence—relevant pest
management qualification for pest management
technician—Act, s 16A s 8A ins 2003 SL No.
335 s 5 amd 2012 SL No. 103 s 22 Cancellation of
result and re-examination s 12 amd 2003 SL No.
335 s 3 sch; 2009 Act No. 24 s 301 Board may
approve s 13 amd 2003 SL No. 335 s 3 sch
When
board may refuse prov hdg amd 2003 SL No.
335 s 3 sch s 14 amd 2003 SL No. 335 ss 3 sch, 6
Notice of refusal s 15
amd
2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 302 Notice of
suspension by standards officer s 16
amd
2009 Act No. 24 s 303 Right of review s 17
sub
2009 Act No. 24 s 304 Substituted decision on review
s
18 sub 2009 Act No. 24 s 305
Surrender of licence suspended by standards
officer prov hdg amd 2003 SL No.
335 s 7(1) s 19 amd 2003 SL No. 335 s 7(2)–(4); 2009
Act No. 24 s 306 Surrender of licence suspended or cancelled
by chief executive s 19A ins 2003 SL No. 335 s 8
amd
2009 Act No. 24 s 307 Division 6—Amendment of aerial
distribution contractor licences pt 2 div 6 (ss
20–23) om 2003 SL No. 335 s 9 Prescribed
security for ground distribution—Act, s 25(3)(b)
s
25 om 2003 SL No. 335 s 10 Aerial and ground
equipment that may be used s 26 om 2003 SL No.
335 s 10 Page 32 Current as at 1
July 2013
Agricultural Chemicals Distribution Control
Regulation 1998 Endnotes Prescribed
matters for register—Act, s 24(1) prov hdg
amd
2003 SL No. 335 s 11(1) s 31 amd 2003 SL No.
335 s 11(2)–(5) Definitions for div 2 s 32
def distribution permit
amd
2003 SL No. 335 s 3 sch def hazardous area
No. 1 om 2000 SL No. 283 s 4 def
hazardous area No. 2 om 2000 SL No.
283 s 4 Hazardous areas—Act, s 28(1)
s
33 amd 2000 SL No. 283 s 5 sub 2008 SL No.
38 s 5 Smoke generation for aerial
distribution s 36 amd 2003 SL No. 335 s 12
Conditions for hazardous area No. 1
s
37 amd 2000 SL No. 283 s 6 Conditions for
hazardous area No. 2 s 38 amd 2000 SL No.
283 s 7 Conditions for hazardous area No. 3
s
38A ins 2000 SL No. 283 s 8 Application for a
distribution permit s 39 amd 2003 SL No. 335 ss 3 sch, 13; 2009
Act No. 24 s 308 Issue of distribution permit
s
40 amd 2003 SL No. 335 s 3 sch
Distribution permit conditions
s
41 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24
s 309 Notice of refusal s 42
amd
2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 310 Right of
review prov hdg amd 2009 Act No.
24 s 311(1) s 43 amd 2003 SL No. 335 s 3 sch; 2009 Act
No. 24 s 311(2)–(6) False or misleading statements or
documents s 44 amd 2003 SL No. 335 s 14
Fees s 45 amd 1999 SL No.
184 s 15 sch PART 5—REPEAL pt 5 (ss
46–47) exp 16 May 1998 (see s 47)
SCHEDULE 1—AREAS EXCLUDED FROM ACT
sub
2000 SL No. 283 s 9; 2008 SL No. 38 s 6 SCHEDULE
1A—HAZARDOUS AREA No. 1 ins 2008 SL No. 38 s 6
Current as at 1 July 2013 Page
33
Agricultural Chemicals Distribution Control
Regulation 1998 Endnotes SCHEDULE
1B—HAZARDOUS AREA No. 2 ins 2008 SL No. 38 s 6
SCHEDULE 1C—HAZARDOUS AREA No. 3
ins
2008 SL No. 38 s 6 SCHEDULE 2—FEES sub 2000 SL No.
169 s 4; 2001 SL No. 177 s 3; 2002 SL No. 351 s 3; 2003 SL
No.
239 s 4; 2003 SL No. 335 s 15; 2004 SL No. 231 s 4; 2005 SL No.
268 s 4; 2006 SL No. 267 s 4; 2007 SL No. 232 s
4; 2008 SL No. 314 s 4; 2009 SL No. 176 s 4;
2010 SL No. 268 s 3; 2011 SL No. 110 s 4; 2012 SL No.
92 s
4; 2013 SL No. 102 s 4 © State of Queensland 2013
Authorised by the Parliamentary
Counsel Page 34 Current as at 1
July 2013