Chemical Usage (Agricultural and Veterinary) Control Regulation 1999

1Short title

This regulation may be cited as the Chemical Usage (Agricultural and Veterinary) Control Regulation 1999.

2Prescribed chemicals—Act, s 4

For section 4 of the Act, definition chemical, paragraph (b), each substance mentioned in schedule 1 is prescribed to be a chemical.

3Proscribed chemicals—Act, s 11C(2)

For section 11C(2) of the Act, each chemical mentioned in schedule 1 is a proscribed chemical.

Note—

For proscribed chemicals, see section 9 (Person not to possess or use proscribed chemical) of the Act.

s 3 amd 2003 SL No. 335s 20

4Purpose of pt 3

This part prescribes—

(a)for the schedule of the Act, definition maximum residue limit, paragraph (a)—the MRL for the residue of a chemical mentioned in this part in or on agricultural produce; and

(b)for the schedule of the Act, definition maximum residue limit, paragraph (b)—the MRL for the residue of a chemical mentioned in this part in—

(i)the tissue of a trade species animal; or

(ii)a product derived from a trade species animal.

s 4 amd 2003 SL No. 335 s 21

sub 2016 SL No. 65 s 18

amd 2016 SL No. 75 s 129 sch 12 (amdt could not be given effect); 2016 SL No. 132 s 17

5Definitions for pt 3

In this part—

ERL means extraneous residue limit.

extraneous residue limit means an extraneous residue limit within the meaning of the MRL standard.

human food commodity means each of the following if they are intended or normally used for human consumption—

(a)agricultural produce;

(b)the tissue of a trade species animal;

(c)a product derived from a trade species animal.

def human food commodity sub 2016 SL No. 75 s 129 sch 12

MRL means maximum residue limit.

MRL standard means the schedule under the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (Cwlth).

def MRL standard amd 2003 SL No. 335 s 22; 2009 SL No. 237 s 3 sch; 2012 SL No. 92 s 16

sub 2016 SL No. 65 s 19

prescribed qualification ...

def prescribed qualification om 2016 SL No. 182 s 16

registered training organisation ...

def registered training organisation amd 2007 SL No. 77s 9

sub 2012 SL No. 103s 28

amd 2014 SL No. 103s 43sch 2

om 2016 SL No. 182 s 16

6MRLs for chemicals for human food commodity—MRL standard

(1)If the MRL standard fixes an MRL (as defined in the standard) for a particular chemical for a particular human food commodity, the MRL is the prescribed MRL for the residue of the chemical in or on the commodity as a human food commodity.

(2)If the MRL standard does not fix an MRL (as defined in the standard) for a particular chemical for a particular human food commodity, but fixes an ERL for the chemical for the commodity, the ERL is the prescribed MRL for the residue of the chemical in or on the commodity as a human food commodity.

s 6 amd 2009 SL No. 237s 3 sch

sub 2016 SL No. 65 s 20

7Other MRLs for chemicals for human food commodity

(1)If the MRL standard does not fix an MRL (as defined in the standard) or ERL for a particular chemical for a particular human food commodity, the prescribed MRL for the residue of the chemical in or on the commodity as a human food commodity is zero.

(2)If the MRL standard does not fix an MRL (as defined in the standard) or ERL for a particular chemical for any human food commodities at all, the prescribed MRL for the residue of the chemical in or on each commodity as a human food commodity is zero.

(3)However, subsections (1) and (2) do not apply to a chemical if the use of the chemical in relation to the commodity as a human food commodity is allowed under part 2 of the Act.

(4)If subsection (3) applies for a particular chemical, no MRL is prescribed for the residue of the chemical in or on a commodity as a human food commodity.

s 7 amd 2009 SL No. 237s 3 sch

sub 2016 SL No. 65 s 20

8MRLs for chemicals for animal food—sch 2

(1)The prescribed MRL for the residue of a chemical mentioned in schedule 2 in or on animal food is the level stated opposite the name of the chemical in schedule 2.

(2)If a particular chemical is not mentioned in schedule 2, no MRL is prescribed for the residue of the chemical in or on animal food.

(3)In this section—

animal food means agricultural produce intended or normally used for animal consumption.

s 8 amd 2009 SL No. 237s 3 sch

sub 2016 SL No. 65 s 20

9Definitions for div 1

In this division—

1080 means sodium monofluoroacetate.

def 1080 ins 2009 SL No. 237s 4

AQF means the Australian Qualifications Framework within the meaning of the Higher Education Support Act 2003 (Cwlth), schedule 1.

def AQF ins 2016 SL No. 182 s 17(2)

authorised, for a restricted chemical product, means authorised to use the product under—

(a)an approved label for containers for the product; or

(b)a permit for the product.

prescribed qualification ...

def prescribed qualification ins 2003 SL No. 335s 23

om 2016 SL No. 182 s 17(1)

record of results, in relation to a unit of competency of a VET course, means a record of results given to a person under the AQF confirming the results the person has attained for the unit of competency stated in the record.

def record of results ins 2016 SL No. 182 s 17(2)

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

def registered training organisation ins 2003 SL No. 335s 23

amd 2007 SL No. 77s 10

sub 2012 SL No. 103s 29

amd 2014 SL No. 103s 43sch 2

restricted chemical product means a restricted chemical product under the Agvet Code.

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

def statement of attainment ins 2012 SL No. 162s 3

amd 2014 SL No. 103s 43sch 2

VET course see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

def VET course ins 2016 SL No. 182 s 17(2)

10Restricted chemical products containing bifenthrin or chlorpyrifos

A person must not use a restricted chemical product containing bifenthrin or chlorpyrifos, unless the person is—

(a)authorised to use the product; or

(b)licensed for a pest control activity under the Pest Management Act 2001 and the licence permits the person to use the product.

Example of a restricted chemical product containing chlorpyrifos—

Dursban Pre-Construction Termiticide

Maximum penalty—40 penalty units.

s 10 amd 2003 SL No. 201s 33sch 1

11ARestricted chemical products containing 1080 or pindone

A person must not use a restricted chemical product containing 1080 or pindone, unless the person—

(a)is authorised to use the product; or

(b)holds an approval granted under the Health (Drugs and Poisons) Regulation 1996, to obtain, possess and use fluoroacetic acid.

Maximum penalty—40 penalty units.

s 11A ins 2003 SL No. 335s 25

amd 2009 SL No. 237s 5; 2016 SL No. 75 s 129 sch 12

11BRestricted chemical products containing RHDV

(1)A person must not use a restricted chemical product containing rabbit haemorrhagic disease virus (RHDV) (also known as rabbit calicivirus) unless the person is—

(a)authorised to use the product; or

(b)an officer or employee of the State, a State authority, a local government, a local government entity or the Darling Downs–Moreton Rabbit Board who—

(i)has a statement of attainment issued by a registered training organisation stating that the person has successfully completed either or both of the following units of competency of a VET course—

(A)RTD3707A—Release biological agents;

(B)AHCPMG304A—Release biological agents; or

(ii)has a record of results issued by a registered training organisation for results that show the person has successfully completed either or both units of competency mentioned in subparagraph (i); or

(iii)has successfully completed training for using RHDV the chief executive reasonably considers is substantially equivalent to a statement of attainment, or record of results, mentioned in this paragraph.

Maximum penalty—40 penalty units.

(2)In this section—

Darling Downs–Moreton Rabbit Board means the board of that name established under the Biosecurity Act 2014, section 62.

local government entity see the Local Government Act 1993, section 1170 or the Local Government Act 2009, section 216(3).

State authority means an entity, other than a local government entity, established under a law of the State.

s 11B ins 2009 SL No. 237s 6

amd 2016 SL No. 75 s 129 sch 12; 2016 SL No. 182 s 19

11CRestricted chemical products containing copper, chromium and arsenic

(1)This section applies to a restricted chemical product with a formulation containing all 3 of the following as active constituents—

(a)copper;

(b)chromium;

(c)arsenic.

(2)For subsection (1), an active constituent mentioned in subsection (1)(a), (b) or (c) includes the active constituent in any of its various chemical forms.

(3)A person must not use the product unless the person—

(a)is authorised to use the product; or

(b)has a statement of attainment issued by a registered training organisation stating that the person has successfully completed the unit of competency FWPSAW3201—Treat timber, of a VET course; or

(c)has a record of results issued by a registered training organisation for results that show the person has successfully completed that unit of competency; or

(d)has a qualification, or successfully completed training for using the product, the chief executive reasonably considers is substantially equivalent to a statement of attainment, or record of results, mentioned in this subsection.

Maximum penalty—40 penalty units.

s 11C ins 2012 SL No. 162s 4

amd 2016 SL No. 182 s 20

12Other restricted chemical products

(1)This section applies to a restricted chemical product, other than a restricted chemical product to which any of sections 10 to 11C apply.

(2)A person must not use a restricted chemical product to which this section applies, unless the person—

(a)is authorised to use the product; or

(b)has a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course—

(i)AHCCHM303—Prepare and apply chemicals;

(ii)AHCCHM304—Transport and store chemicals; or

(c)has a record of results issued by a registered training organisation for results that show the person has successfully completed each unit of competency mentioned in paragraph (b); or

(d)has a qualification, or successfully completed training, the chief executive reasonably considers is substantially equivalent to a statement of attainment, or record of results, mentioned in this subsection.

Maximum penalty for subsection (2)—40 penalty units.

s 12 amd 2003 SL No. 335s 26; 2009 SL No. 237s 7; 2012 SL No. 162s 5; 2016 SL No. 182 s 21

div hdg ins 2004 SL No. 100s 4

sdiv 1 (s 12A) ins 2004 SL No. 100s 4

12ADefinitions for div 2

In this division—

established standard, for a registered listed chemical product, means the standard established, under part 2A, division 3 of the Agvet Code, for the product when it was a listable product under the Agvet Code.

established standard label means—

(a)for a registered listed chemical product—a label that includes all the information required, under the established standard for the product, to be included on a label that is attached to a container in which the product is kept; or

(b)for a product that was previously a registered listed chemical product—the established standard label for the product immediately before the product’s listed registration ended under section 56ZK(1) of the Agvet Code.

listed agricultural chemical product means an agricultural chemical product that is a registered listed chemical product.

listed registration see section 3 of the Agvet Code.

listed veterinary chemical product means a veterinary chemical product that is a registered listed chemical product.

non-complying way, for using, or prescribing, supplying or recommending for use, a listed veterinary chemical product, means a way that does not comply with the instructions stated on the established standard label for the product.

registered listed chemical product see section 3 of the Agvet Code.

reserved agricultural chemical product means an agricultural chemical product that is a reserved chemical product.

reserved chemical product see section 3 of the Agvet Code.

reserved veterinary chemical product means a veterinary chemical product that is a reserved chemical product.

sdiv 1 (s 12A) ins 2004 SL No. 100s 4

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

12BPurpose of sdiv 2

This subdivision states the circumstances in which—

(a)for section 12E(2) of the Act—a veterinary surgeon may use, or prescribe, supply or recommend for use, to treat an animal, an unregistered veterinary chemical product that—

(i)is a registered listed chemical product; or

(ii)was, at some time during the 2 years preceding its use, prescription, supply or recommendation, a registered listed chemical product; or

(iii)is a reserved chemical product; and

(b)for section 12E(5) of the Act—a person, other than a veterinary surgeon, may use, to treat an animal, an unregistered veterinary chemical product that—

(i)is a registered listed chemical product; or

(ii)was, at some time during the 2 years preceding its use, a registered listed chemical product; or

(iii)is a reserved chemical product.

Note—

See also sections 12F, 12G and 12H of the Act.

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

12CWhen persons may use etc. listed product generally

(1)A veterinary surgeon may use, or prescribe, supply or recommend for use, to treat an animal, a listed veterinary chemical product only if—

(a)an established standard label for the product is attached to the container in which the product is kept; and

(b)the veterinary surgeon uses the product, or prescribes, supplies or recommends the product for use, in a way that complies with the instructions stated on the label.

(2)However, subsection (1) is subject to sections 12D, 12E and 12F.

Note—

See also sections 12F and 12G of the Act.

(3)A person, other than a veterinary surgeon, may use, to treat an animal, a listed veterinary chemical product only if—

(a)an established standard label for the product is attached to the container in which the product is kept; and

(b)the person uses the product in a way that complies with the instructions stated on the label.

(4)However, subsection (3) is subject to section 12D.

Note—

See also section 12H of the Act.

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

12DWhen persons may use or supply listed product taken from unlabelled containers

(1)A person may use a listed veterinary chemical product taken from a container that does not have an established standard label attached to it (an unlabelled container) if—

(a)the product was put in the unlabelled container ready for use after being taken from another container having an established standard label attached to it; or

(b)the product was supplied by a veterinary surgeon in the unlabelled container and the person uses the product in the way stated in the written instructions or dispensing label supplied with the product.

(2)Also, a veterinary surgeon may supply a listed veterinary chemical product taken from an unlabelled container to treat trade species animals under the care of the veterinary surgeon.

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

12EWhen veterinary surgeon may use etc. listed product in non-complying way—major trade species animals

(1)A veterinary surgeon may use, or prescribe, supply or recommend for use, a listed veterinary chemical product in a non-complying way to treat the following—

(a)if the label includes instructions for use on a major trade species animal—any major trade species animal under the care of the veterinary surgeon;

(b)if the label does not include instructions for use on a major trade species animal—a single major trade species animal under the care of the veterinary surgeon.

(2)However, subsection (1) does not allow a use—

(a)contrary to a restraint statement on the label other than to treat a single animal; or

(b)by injection unless the label includes instructions for use of the product by injection.

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

12FWhen veterinary surgeon may use listed product in non-complying way—other trade species animals

(1)A veterinary surgeon may use, or prescribe, supply or recommend for use, a listed veterinary chemical product in a non-complying way to treat trade species animals, other than major trade species animals, under the care of the veterinary surgeon.

(2)However, subsection (1) does not allow a use—

(a)contrary to a restraint statement on the label other than to treat a single trade species animal; or

(b)by injection unless the label includes instructions for use of the product by injection.

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

12GWhen persons may use etc. product that was a listed product in last 2 years

(1)If the conditions in subsection (2) are satisfied—

(a)a veterinary surgeon may use, or prescribe, supply or recommend for use, to treat an animal, an unregistered veterinary chemical product that is not a registered listed chemical product; or

(b)a person, other than a veterinary surgeon, may use, to treat an animal, an unregistered veterinary chemical product that is not a registered listed chemical product.

(2)For subsection (1), the conditions are—

(a)the product was a registered listed chemical product at some time during the 2 years immediately before its use, prescription, supply or recommendation by the veterinary surgeon, or its use by the person; and

(b)the product’s listed registration ended under section 56ZK(1) of the Agvet Code; and

(c)the veterinary surgeon uses, or prescribes, supplies or recommends for use, or the person uses, the product in a way that complies with the instructions stated on the established standard label for the product; and

(d)the established standard label is attached to the container in which the product is kept.

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

12HWhen persons may use reserved products

A person may use a reserved veterinary chemical product to treat an animal if the product is used in a way that complies with any conditions under the Agvet Code relevant to the use of the product.

Note—

See the Agvet Code, section 56ZU(3) (Regulations may contain schedule of reserved chemical products).

sdiv 2 (ss 12B–12H) ins 2004 SL No. 100s 4

sdiv hdg ins 2004 SL No. 100s 4

12IProducts to which s 13A of Act does not apply

(1)For section 13A(2)(b) of the Act, the following products are prescribed if the prescription conditions for the product are satisfied—

(a)a listed agricultural chemical product;

(b)an agricultural chemical product that was, at some time in the 2 years immediately before its use, a registered listed chemical product;

(c)a reserved agricultural chemical product.

(2)In this section—

prescription conditions—

(a)for a product mentioned in subsection (1)(a)—see section 12J;

(b)for a product mentioned in subsection (1)(b)—see section 12K;

(c)for a product mentioned in subsection (1)(c)—see section 12L.

s 12I ins 2004 SL No. 100 s 4

amd 2007 SL No. 77 s 11

12JPrescription conditions for listed product

The prescription conditions for a listed agricultural chemical product are that—

(a)the product—

(i)is kept in a container to which an established standard label for the product is attached; or

(ii)was taken from a container to which an established standard label for the product was attached, and placed in another container ready for use; and

(b)the product is used in a way that complies with the instructions stated on the label.

Note—

See, however, section 13B of the Act.

s 12J ins 2004 SL No. 100s 4

12KPrescription conditions for product that was listed product in last 2 years

The prescription conditions for an agricultural chemical product that was a registered listed chemical product at some time during the 2 years immediately before its use are that—

(a)the product’s listed registration ended under section 56ZK(1) of the Agvet Code; and

(b)the product is used in a way that complies with the instructions stated on the established standard label for the product; and

(c)the established standard label is attached to the container in which the product is kept.

s 12K ins 2004 SL No. 100s 4

12LPrescription condition for reserved product

The prescription condition for a reserved agricultural chemical product is that the product is used in a way that complies with any conditions under the Agvet Code relevant to the use of the product.

Note—

See the Agvet Code, section 56ZU(3) (Regulations may contain schedule of reserved chemical products).

s 12L ins 2004 SL No. 100s 4

div hdg (prev div 2 hdg) renum 2004 SL No. 100s 3

sub 2009 SL No. 237s 8

sdiv hdg ins 2009 SL No. 237s 8

sub 2010 SL No. 269s 4

12MDefinitions for div 3

In this division—

applied, for an agricultural chemical product, includes administered, dispersed, injected, sprayed and spread.

AQF means the Australian Qualifications Framework within the meaning of the Higher Education Support Act 2003 (Cwlth), schedule 1.

def AQF ins 2016 SL No. 182 s 22(1)

chemical use (sugarcane growing) guideline means the document titled ‘Sugarcane Grower’s Guide to Chemical Use under the Reef Protection Legislation’ published by the department in which the Environmental Protection Act 1994 is administered.

Notes—

1The chemical use (sugarcane growing) guideline is not applied, adopted or incorporated by this regulation.

2The guideline is available on the Department of Environment and Resource Management’s website at www.derm.qld.gov.au.

def chemical use (sugarcane growing) guideline ins 2010 SL No. 269s 5(2)

down-slope water body, in relation to a place where a prescribed agricultural ERA product is used for relevant sugarcane growing, means the water body that is nearest to any point where low flow run-off can leave the place.

def down-slope water body ins 2010 SL No. 269s 5(2)

drainage line means a channel—

(a)consisting of either, or a combination, of the following—

(i)an area showing evidence of erosion or deposition, including, for example, a gravel, pebble, rock or sand bed;

(ii)an incised channel that is more than 30cm deep and has clearly defined beds and banks; and

(b)in which run-off flows continuously or from time to time.

edge, of a water body, see section 12MB.

def edge ins 2010 SL No. 269s 5(2)

effective vegetated treatment area see section 12MC.

def effective vegetated treatment area ins 2010 SL No. 269s 5(2)

flood zone means the land adjacent to the edge of a water body on which the flow of water is not contained or directed by the water body.

def flood zone ins 2010 SL No. 269s 5(2)

height, for measuring the height of the canopy of sugarcane, see section 12MD.

def height ins 2010 SL No. 269s 5(2)

interrow furrow means a furrow that is constructed for relevant sugarcane growing.

def interrow furrow ins 2010 SL No. 269s 5(2)

irrigation channel means an artificial channel in which there is only water that is intended to be used for irrigation.

low flow run-off means run-off that is contained by an interrow furrow.

def low flow run-off ins 2010 SL No. 269s 5(2)

place susceptible to run-off, for preparing or using an agricultural chemical product, means a place from which a constituent of the product can easily enter a water body by—

(a)being carried by run-off into the water body; or

(b)binding with soil particles that can be carried by run-off into the water body.

Examples—

access roads, farm tracks

prescribed qualification, for a person preparing or using an agricultural chemical product, means—

(a)if the person prepares or uses the product on or from an aircraft in flight, either—

(i)a pilot chemical rating licence under the Agricultural Chemicals Distribution Control Act 1966; or

(ii)a pilot’s Spraysafe accreditation issued by the Aerial Agricultural Association of Australia; or

(b)if the person prepares or uses the product otherwise than on or from an aircraft in flight—

(i)a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course—

(A)AHCPMG301—Control weeds;

(B)AHCCHM303——Prepare and apply chemicals;

(C)AHCCHM304—Transport and store chemicals; or

(ii)a record of results issued by a registered training organisation for results that show the person has successfully completed each unit of competency mentioned in subparagraph (i); or

(iii)a qualification, or successfully completed training, the chief executive reasonably considers is substantially equivalent to a statement of attainment, or record of results, mentioned in this paragraph; or

(iv)an unrestricted commercial operator’s licence prescribed as a class of commercial operator’s licence under the Agricultural Chemicals Distribution Control Act 1966, section 16(1).

def prescribed qualification amd 2016 SL No. 182 s 22(2)

record of results, in relation to a unit of competency of a VET course, means a record of results given to a person under the AQF confirming the results the person has attained for the unit of competency stated in the record.

def record of results ins 2016 SL No. 182 s 22(1)

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

def registered training organisation sub 2012 SL No. 103s 30

amd 2014 SL No. 103s 43sch 2

relevant cattle grazing means cattle grazing that is an agricultural ERA.

relevant sugarcane growing means commercial sugarcane growing that is an agricultural ERA.

run-off means water from rainfall, irrigation or seepage of groundwater that flows over the surface of land.

shielded sprayer means a device for applying an agricultural chemical product consisting of 1 or more nozzles that are surrounded by a shield except for a gap at the bottom of the shield through which the product is applied.

def shielded sprayer ins 2010 SL No. 269s 5(2)

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

def statement of attainment ins 2016 SL No. 182 s 22(1)

VET course see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

def VET course ins 2016 SL No. 182 s 22(1)

water body see section 12MA.

def water body sub 2010 SL No. 269s 5(1)–(2)

wetland includes—

(a)a tidal wetland, estuary, salt marsh, melaleuca swamp (and any other coastal swamp), mangrove area, marsh or lake; or

(b)a minor coastal stream regardless of whether it is of a saline, freshwater or brackish nature.

s 12M ins 2009 SL No. 237s 8

12MAWhat is a water body

(1)A water body is any of the following—

(a)a natural channel, whether or not containing water;

Examples—

a creek, river or stream

(b)an artificial channel, other than an irrigation channel or interrow furrow, whether or not containing water;

(c)an area in which water is or can be contained by a dam or weir at full supply level;

(d)a wetland.

(2)Also, to remove any doubt, it is declared that if there is more than 1 natural channel within the outer limits of a water body, each channel is a water body.

(3)However, a water body does not include—

(a)a drainage depression; or

(b)an effective vegetated treatment area; or

(c)an area in which water is, or can be, contained by a dam or weir that is on land owned or occupied by an entity other than the Commonwealth, the State or a local government;

(d)an area inundated by water contained by a structure if the water is separate from and not flowing into a channel, dam, weir, or wetland to which subsection (1) or (2) applies.

Examples of a structure—

a recycling pit, retention dam or sediment trap

(4)In this section—

drainage depression means a channel, other than a drainage line or interrow furrow, that—

(a)is within a field or paddock in which sugarcane is grown but not at or near the perimeter of the field or paddock; and

(b)contains a permanent or intermittent flow of run-off; and

(c)can be easily crossed by an agricultural machine, including, for example, a planter.

full supply level, for a dam or weir, means the level of the water surface when the dam or weir is holding as much water as it can hold while not affected by flood.

s 12MA ins 2010 SL No. 269s 6

12MBWhere is the edge of a water body

(1)The edge of a water body is the place where the bank of the water body meets the adjacent flood zone.

(2)However, if there is no obvious place under subsection (1), the edge of the water body is the part of the bank of the water body where the downward slope toward the bed of the water body is more than 2%.

s 12MB ins 2010 SL No. 269s 6

12MCWhat is an effective vegetated treatment area

(1)An effective vegetated treatment area is an area—

(a)of at least 5m between—

(i)any point where low flow run-off can leave a place where a prescribed agricultural ERA product is used for relevant sugarcane growing; and

(ii)the edge of a down-slope water body; and

(b)that has a slope of less than 2%; and

(c)in which there are no depressions more than 5cm deep; and

Example—

depressions caused by the tracks or tyres of an agricultural machine or the movement of water

(d)at least 80% of which is covered by grass that is kept at a height of no more than 15cm.

(2)To remove any doubt, it is declared that the land where the effective vegetated treatment area is situated and the adjacent land where the relevant sugarcane growing is carried out need not be owned by the same person.

Note—

To help users of this regulation, the chemical use (sugarcane growing) guideline provides guidance in identifying effective vegetated treatment areas.

s 12MC ins 2010 SL No. 269s 6

12MDMeasuring the height of the canopy of sugarcane

The height of the canopy of sugarcane is measured from the base of the sugarcane to the highest point of its leaves.

s 12MD ins 2010 SL No. 269s 6

sdiv 2 (s 12N) ins 2009 SL No. 237s 8

12NPrescribed agricultural ERA products (Act, s 13C)

For section 13C(1)(a) of the Act, an agricultural chemical product is a prescribed agricultural ERA product if the product contains any of the following constituents—

(a)ametryn;

(b)atrazine;

(c)diuron;

(d)hexazinone;

(e)tebuthiuron.

sdiv 2 (s 12N) ins 2009 SL No. 237s 8

sdiv hdg ins 2009 SL No. 237s 8

12OConditions for relevant sugarcane growing and cattle grazing (Act, s 13C)

For section 13C(1)(b) of the Act—

(a)section 12P and subdivision 4 prescribe the conditions for preparing and using particular prescribed agricultural ERA products for carrying out relevant sugarcane growing; and

(b)section 12P and subdivision 5 prescribe the conditions for preparing and using particular prescribed agricultural ERA products for carrying out relevant cattle grazing.

s 12O ins 2009 SL No. 237s 8

12PWho may prepare and use particular products

(1)Subsection (2) applies to a person who personally prepares or uses—

(a)an agricultural chemical product containing ametryn, atrazine, diuron or hexazinone for carrying out relevant sugarcane growing; or

(b)an agricultural chemical product containing tebuthiuron for carrying out relevant cattle grazing.

(2)The person may prepare or use the product only if the person—

(a)has the prescribed qualification; or

(b)prepares or uses the product under the direct supervision of someone else who has the prescribed qualification.

(3)Subsection (4) applies to a person who employs or engages someone else (the direct user) to prepare or use—

(a)a product mentioned in subsection (1)(a) for carrying out relevant sugarcane growing on the person’s behalf; or

(b)a product mentioned in subsection (1)(b) for carrying out relevant cattle grazing on the person’s behalf.

(4)The person may allow the direct user to prepare or use the product only if the direct user—

(a)has the prescribed qualification; or

(b)prepares or uses the product under the direct supervision of someone else who has the prescribed qualification.

Note—

See, however, section 30 (Deferral of requirement for prescribed qualifications for using particular agricultural chemical products).

s 12P ins 2009 SL No. 237s 8

amd 2016 SL No. 182 s 23

sdiv hdg ins 2009 SL No. 237s 8

12QApplication of sdiv 4

(1)This subdivision applies to a person who prepares or uses, or causes to be prepared or used, an agricultural chemical product containing ametryn for carrying out relevant sugarcane growing.

(2)However, this subdivision does not apply to the preparation or use of a registered agricultural chemical product containing ametryn and trifloxysulfuron sodium as its only active constituents in the following quantities for each kilogram of the product—

(a)for ametryn—731.5g;

(b)for trifloxysulfuron sodium—18.5g.

s 12Q ins 2009 SL No. 237s 8

amd 2013 SL No. 247s 3

12RPreparing products

The person must not prepare the product or allow the product to be prepared—

(a)at a place susceptible to run-off; or

(b)within 20m of the edge of a water body; or

(c)within 20m of a sinkhole or well.

s 12R ins 2009 SL No. 237s 8

amd 2010 SL No. 269s 7; 2013 SL No. 247s 4

12SUsing products—weather conditions

(1)The person may use the product or allow the product to be used only if—

(a)the latest forecast that is published before the product is used is not a forecast indicating moderate to heavy rain affecting the area where the product is to be used for the 48 hours after the use; and

(b)within 2 hours before the product is used, the Bureau of Meteorology has not published a report or observation about, or a representational image showing, moderate to heavy rain—

(i)at the area where the product is to be used; or

(ii)within 50km of, and approaching, the area; and

Example of a representational image—

an image of an area from a weather watch radar station

(c)the wind speed at the site where the product is applied is—

(i)less than 20km/h, if the product is applied—

(A)using a shielded sprayer; or

(B)below the canopy of sugarcane that is at least 600mm high; or

(ii)otherwise, more than 3km/h and less than 20km/h.

(2)For subsection (1)(c), the wind speed must be measured above the canopy of the sugarcane on which the product is, or is to be, applied.

(3)In this section—

forecast indicating moderate to heavy rain means a forecast (however described) issued by the Bureau of Meteorology of a chance or greater likelihood of—

(a)moderate to heavy rain; or

(b)weather conditions associated with moderate to heavy rain.

Example—

a forecast of scattered or widespread thunderstorms associated with moderate to heavy rain

moderate to heavy rain means rain falling at a rate of at least 100mm in 24 hours.

published includes published on radio, television or the internet whether by the Bureau of Meteorology or another entity.

s 12S ins 2009 SL No. 237s 8

sub 2010 SL No. 269s 8

12SAUsing products—proximity to water bodies

The person may use the product or allow the product to be used only if—

(a)there is an effective vegetated treatment area between each point where low flow run-off can leave the place where the product is used and the edge of a down-slope water body and the product is not used within 5m of the edge of the water body; or

(b)otherwise, the product is not used within 20m of the edge of a down-slope water body.

Notes—

1Under section 12MA(2), if there is a second natural channel (an interior channel) within the outer limits of a water body, both the interior channel and the water body at its outer limits are water bodies under this division. Accordingly, if the product is being used on a flood zone adjacent to the bank of the water body at its outer limit and on a lower flood zone on the bank adjacent to the interior channel, it is necessary to measure a distance under this section from both the edge of the water body at its outer limit and the edge of the interior channel.

2To help users of this regulation, the chemical use (sugarcane growing) guideline provides guidance for measuring the distance from the edge of a water body.

s 12SA ins 2010 SL No. 269s 8

12SBUsing products—other conditions about site suitability

(1)The person must not use the product or allow the product to be used—

(a)on waterlogged soil; or

(b)at a place susceptible to run-off; or

(c)within 20m of a sinkhole or well.

(2)The person must ensure no area where the product has been used is irrigated to the point of run-off within 48 hours after the use.

(3)Subsection (2) does not prevent an interrow furrow being irrigated to the point of run-off, but only if the run-off does not leave the furrow.

(4)In this section—

irrigated to the point of run-off, in relation to an area, means more water is applied to the area than can be absorbed by the soil in the area, resulting in run-off from the area.

s 12SB ins 2010 SL No. 269s 8

amd 2013 SL No. 247s 5

12SCApplying products—spraying

(1)The person may apply the product or allow the product to be applied only if—

(a)the product is applied using a shielded sprayer fitted with nozzles that produce spray droplets (medium range spray droplets) no smaller than the medium spray quality category under ASAE S572; or

(b)the product is applied below the canopy of sugarcane that is at least 600mm high using another type of spraying device fitted with nozzles that—

(i)are directed at the ground; and

(ii)produce medium range spray droplets; or

(c)the product is applied using a spraying device fitted with nozzles that produce spray droplets no smaller than the coarse spray quality category under ASAE S572.

(2)The person may apply the product, or allow the product to be applied, within 30m of the edge of a water body only if—

(a)the product is applied using a shielded sprayer; or

(b)the product is applied below the canopy of sugarcane that is at least 600mm high using a spraying device fitted with nozzles directed at the ground; or

(c)the water body is not downwind of where the product is being applied.

(3)The person may apply the product or allow the product to be applied using a shielded sprayer only if the product is applied at ground level.

(4)In this section—

ASAE S572 means the standard ASAE S572 published by the American Society of Agricultural Engineers.

Editor’s notes—

1ASAE S572 is available for inspection during normal business hours at the department’s head office in Brisbane and regional offices in Cairns, Mackay and Townsville.

2At the commencement of this section, the document titled ‘Agricultural chemical users’ manual—Guidelines and principles for responsible agricultural chemical use’ and published by the department in 2005 contains information about the nozzle classification system on which ASAE S572 is based. The document is available on the department’s website.

s 12SC ins 2010 SL No. 269s 8

12TQuantities of particular constituents of products that may be used

The person must take reasonable steps to ensure no more than a total of 2.3kg of ametryn, as a constituent of any agricultural chemical product, is used on a hectare in a year.

Example of a reasonable step—

checking records required to be kept about the quantity of relevant agricultural chemical products that has been used on a parcel of land during a relevant period

s 12T ins 2009 SL No. 237s 8

amd 2013 SL No. 247s 6

sdiv 5 (ss 12U–12W) ins 2009 SL No. 237s 8

12UApplication of sdiv 5

This subdivision applies to a person who prepares or uses, or causes to be prepared or used, an agricultural chemical product containing tebuthiuron for carrying out relevant cattle grazing.

sdiv 5 (ss 12U–12W) ins 2009 SL No. 237s 8

12VUsing the product from an aircraft

(1)This section applies to the use of the product on or from an aircraft in flight.

(2)The person—

(a)must not use the product or allow the product to be used from 1 November to 31 March; and

(b)must take reasonable steps to ensure—

(i)subject to subparagraph (ii), no more than a total of 4.6kg of tebuthiuron as a constituent of any agricultural chemical product is used on a hectare in any 3 year period; and

(ii)no more than a total of 6.8kg of tebuthiuron as a constituent of any agricultural chemical product is used on a hectare in any 6 year period.

(3)Also, the person may use the product or allow the product to be used only if—

(a)before the product is used, the person—

(i)identifies each drainage line (a relevant drainage line) wider than 20m in or near the area where the product is to be used; and

(ii)ensures an appropriate map of the area is prepared; and

(b)the person ensures that while the product is used, someone else is able to—

(i)observe the use of the product from the ground; and

(ii)communicate with the person using the product about the location of the relevant drainage lines; and

(c)the product is not used—

(i)within 20m of a relevant drainage line; or

(ii)if it is raining where the product is or is to be used; or

(iii)if the wind speed where the product is or is to be used is more than 20km/h.

(4)In this section—

appropriate map, of an area, means a map showing—

(a)the boundary of the area and each relevant drainage line in the area on an image base; and

(b)5 or more points visible in the image base that correspond to identifiable fixed features; and

(c)the Map Grid of Australia 1994 coordinates and zone references for each point, acquired by GPS or a similar system of satellites that receives and processes information; and

(d)a description of the feature that each point represents.

GPS means global positioning system.

identifiable fixed features include road intersections, fence intersections, survey marks and built infrastructure.

image base means an image or mosaic of images, for example an aerial photograph or a satellite image.

Map Grid of Australia 1994 has the meaning given in ‘Geocentric Datum of Australia Technical Manual’ published by the Intergovernmental Committee on Surveying and Mapping.

Editor’s note—

A copy of the manual may be found on the committee’s website.

sdiv 5 (ss 12U–12W) ins 2009 SL No. 237s 8

12WPreparing or using the product from the ground

(1)This section applies to the preparation or use of the product other than on or from an aircraft in flight.

(2)The person must not prepare or allow the product to be prepared at a place susceptible to run-off.

(3)The person must not use the product or allow the product to be used—

(a)on a drainage line; or

(b)at a place susceptible to run-off; or

(c)within 20m of a sinkhole or well.

sdiv 5 (ss 12U–12W) ins 2009 SL No. 237s 8

sdiv hdg ins 2009 SL No. 237s 8

12XRequired record

(1)This section applies if—

(a)a person carries out an agricultural ERA; and

(b)a prescribed agricultural ERA product is used by or for the person for carrying out the agricultural ERA.

(2)The person must unless the person has a reasonable excuse—

(a)within 3 days after the product is used, make or cause to be made a record in the approved form that complies with subsection (3); and

(b)keep the following documents for at least 6 years after the product is used, by or for the person, as mentioned in subsection (1)(b) (relevantly used)—

(i)the record made under paragraph (a);

(ii)any document (including, for example, a receipt) relevant to the acquisition of the product that made the product available to be relevantly used;

(iii)if the prescribed qualification under which the product was relevantly used is a document—a copy of the prescribed qualification.

Maximum penalty—40 penalty units.

(3)For subsection (2)(a), the record must include information about the following matters—

(a)the trade name and other relevant information required for identifying the product and each active constituent of the product;

(b)the name, contact details and prescribed qualifications of—

(i)the person who used the product; and

(ii)if relevant, the person who supervised the use of the product;

(c)the days and times when the product was used;

(d)the quantity of the product used;

(e)the places where the product was used;

(f)the meteorological conditions at relevant times before, during and after use of the product;

(g)the equipment and methods used to apply the product.

(4)In this section—

approved form means a form approved by the chief executive for this section.

s 12X ins 2009 SL No. 237s 8

amd 2016 SL No. 182 s 24

div hdg ins 2009 SL No. 237s 8

13Record requirement

(1)This section applies to a person if—

(a)the person uses a chemical product; and

(b)any of the following apply—

(i)an approved label for containers for the product contains an instruction;

(ii)a permit for the product that applies to the person is subject to a condition under the Agvet Code;

(iii)an established standard label for the product contains an instruction; and

(c)the instruction or condition requires the person to make a stated record of the use of the product.

(2)The person must make the record—

(a)if the instruction or condition states a day by which the record must be made—on or before the stated day; or

(b)if paragraph (a) does not apply—as soon as practicable after the chemical product is used.

Maximum penalty—40 penalty units.

(3)In this section—

established standard label, for a chemical product, see section 12A.

s 13 amd 2004 SL No. 100s 5

14Obligation to keep record

A person who makes a record under section 13 must keep it for at least 2 years after the use to which the record relates, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

15Definitions for pt 5

In this part—

agent ...

def agent amd 2007 SL No. 77s 12

sub 2014 SL No. 251s 48sch 2

om 2016 SL No. 75 s 129 sch 12

agent’s statement ...

def agent’s statement om 2016 SL No. 75 s 129 sch 12

cattle includes bull, calf, cow, heifer, ox and steer.

head means a head of cattle.

HGP means hormonal growth promotant.

HGP free declaration ...

def HGP free declaration om 2016 SL No. 75 s 129 sch 12

HGP free tag ...

def HGP free tag sub 2005 SL No. 101s 104

om 2016 SL No. 75 s 129 sch 12

HGP treatment means implanting a HGP into an animal.

HGP treatment record see section 17(1).

hormonal growth promotant means a product that—

(a)contains an anabolic substance or a hormone; and

Examples of an anabolic substance or a hormone—

•17 beta oestradiol

•oestradiol benzoate

•progesterone

•testosterone propionate

•trenbolone acetate

•zeranol

(b)is used to promote the growth of bovines or bubalines.

sell ...

def sell om 2016 SL No. 75 s 129 sch 12

16Obligation to make required earmark

(1)A person must, when giving HGP treatment, permanently mark the animal treated by piercing its right ear with the required earmark so as to leave a space of any size on all sides within the margin of the ear.

Maximum penalty—40 penalty units.

(2)In this section—

required earmark means—

(a)for cattle—a mark or cut upon the ear of the head that is approved under the Brands Act 1915 for the identification of cattle treated with a HGP; or

(b)for another animal—a mark of an equal sided triangle with sides of 20mm.

17Obligation to record HGP treatment

(1)A person who has given HGP treatment to an animal must make a written record (a HGP treatment record) as required by this section—

(a)identifying the animal treated; and

(b)stating the following—

(i)the HGP with which the animal was treated;

(ii)the day the treatment was given (the treatment day);

(iii)any HGP acquired for the treatment that was not used and was disposed of;

(iv)the day of the disposal (the disposal day).

Maximum penalty—40 penalty units.

(2)For subsection (1)(a), the animal may be identified by reference to its sex and breed.

(3)For subsection (1)(b)(i), the HGP may be stated by giving a distinguishing number for, or particulars to identify, the chemical product that contained the HGP.

(4)The information must be entered in the HGP treatment record—

(a)for information mentioned in subsection (1)(a) and (b)(i) and (ii)—before the treatment day ends; or

(b)for information mentioned in subsection (1)(b)(iii) and (iv)—before the disposal day ends.

(5)In this section—

disposal includes destruction and loss.

18Obligation to keep HGP treatment record

A person who makes a HGP treatment record must keep it for at least 2 years after the treatment day, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

26Application of pt 6

This part applies to a person if—

(a)the person has been given a direction under the Act that requires or allows a thing to be done; and

(b)the direction requires the thing be done under an inspector’s supervision.

27Hourly fee

(1)A fee is payable by the person for each hour or part of an hour of the supervision.

(2)If the supervision, or a part of the supervision, was on a business day, the hourly fee for the supervision or part of the supervision is—

(a)for working hours—$47.85; or

(b)for other than working hours—$72.05.

(3)If the supervision, or a part of the supervision, was on a day other than a business day, the hourly fee for the supervision or part of the supervision is $96.10.

(4)In this section—

supervision includes travelling time for the inspector to travel to and from the place of supervision if the travelling time was for the supervision.

working hours means the inspector’s working hours under any relevant industrial instrument under the Industrial Relations Act 1999.

s 27 amd 2000 SL No. 169s 8; 2001 SL No. 177s 9; 2002 SL No. 351s 10; 2003 SL No. 239s 8; 2004 SL No. 231s 12; 2005 SL No. 268s 12; 2006 SL No. 267s 12; 2007 SL No. 232s 12; 2008 SL No. 314s 12; 2009 SL No. 176s 15; 2010 SL No. 268s 5; 2011 SL No. 110s 12; 2012 SL No. 92s 17; 2013 SL No. 102s 14; 2014 SL No. 113s 14; 2015 SL No. 57s 14; 2016 SL No. 99 s 12; 2017 SL No. 111 s 14

28Overnight absence expenses

(1)The person must pay the expense for each overnight absence by the inspector for the supervision.

(2)The expense for each overnight absence is the amount that is, or would be, payable under the Public Service Act 2008 to the inspector as if the inspector is or were a public service officer travelling on official duty.

s 28 amd 2008 SL No. 209s 20sch 2

29Approval of forms

(1)The chief executive may approve forms for use under the Act.

(2)If a form is approved for a purpose, the approved form is the prescribed form for the purpose.

pt hdg prev pt 8 hdg exp 28 August 1999 (see s 34)

pres pt 8 hdg ins 2009 SL No. 237s 9

sub 2012 SL No. 162s 6

div hdg ins 2012 SL No. 162s 6

30Deferral of requirement for prescribed qualifications for using particular agricultural chemical products

(1)This section applies to a person for preparing or using an agricultural chemical product, other than on or from an aircraft in flight.

(2)Despite section 12P, the person is not required to have a prescribed qualification for preparing or using the product.

(3)This section stops applying 6 months after its commencement.

(4)In this section—

prescribed qualification see section 12M.

s 30 prev s 30 exp 28 August 1999 (see s 34)

pres s 30 ins 2009 SL No. 237s 9

31Deferral of particular conditions for relevant sugarcane growing

(1)This section applies to a person who uses, or allows the use of, an agricultural chemical product containing ametryn, diuron or hexazinone for carrying out relevant sugarcane growing.

(2)Despite section 12S, the person is not required to comply with the conditions under section 12S(1)(b)(iv) and (v) and (c).

(3)This section stops applying 9 months after its commencement.

s 31 prev s 31 exp 28 August 1999 (see s 34)

pres s 31 ins 2009 SL No. 237s 9

div hdg ins 2012 SL No. 162s 7

32Deferral of requirements for using restricted chemical products containing copper, chromium and arsenic

(1)This section applies to a person for using a restricted chemical product to which section 11C applies.

(2)Despite section 11C, the person is not required to comply with section 11C(3)(a), (b) or (c).

(3)This section stops applying on 1 January 2013.

s 32 prev s 32 exp 28 August 1999 (see s 34)

pres s 32 ins 2012 SL No. 162s 7

div hdg ins 2016 SL No. 182 s 25

33Definitions for division

In this division—

amending regulation means the Agriculture and Other Legislation Amendment Regulation (No. 2) 2016.

former, in relation to a provision of this regulation, means the provision as in force immediately before the amendment, replacement or omission of the provision by part 3 of the amending regulation.

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

s 33 prev s 33 exp 28 August 1999 (see s 34)

pres s 33 ins 2016 SL No. 182 s 25

34Persons formerly allowed to use restricted chemical products containing copper, chromium and arsenic—existing qualification

(1)Subsection (2) applies if, immediately before the commencement, a person held a statement of attainment mentioned in former section 11C(3)(b).

(2)Section 11C(3)(b) applies to the person as if the amending regulation had not been made.

(3)Subsection (4) applies if, immediately before the commencement, a person held a qualification, or had successfully completed training, mentioned in former section 11C(3)(c).

(4)Section 11C(3)(c) applies to the person as if the amending regulation had not been made.

s 34 prev s 34 exp 28 August 1999 (see s 34)

pres s 34 ins 2016 SL No. 182 s 25

35Persons formerly allowed to use particular restricted chemical products—existing qualification

(1)This section applies if, immediately before the commencement, a person held a statement of attainment mentioned in former section 9, definition prescribed qualification.

(2)For section 12(2), the person is taken to have a statement of attainment mentioned in section 12(2)(b).

s 35 ins 2016 SL No. 182 s 25

36Persons formerly allowed to prepare or use particular agricultural chemical products—existing qualification

(1)This section applies if, immediately before the commencement, a person held a statement of attainment mentioned in former section 12M, definition prescribed qualification, paragraph (b)(i).

(2)Section 12P(2) and (4) applies to the person as if the amending regulation had not been made.

s 36 ins 2016 SL No. 182 s 25

37Particular use of prescribed agricultural ERA product—continuation of obligation to keep particular records

(1)This section applies if, immediately before the commencement, former section 12X(2)(b)(ii) and (iii) applied to a person in relation to the use of a prescribed agricultural ERA product.

(2)Former section 12X(2)(b)(ii) and (iii) continues to apply to the person in relation to the product as if the amending regulation had not been made.

s 37 ins 2016 SL No. 182 s 25

sections 2 and 3

section 8