Agricultural Chemicals Distribution Control Act 1966 Agricultural Chemicals Distribution Control Regulation 1998 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. authorised technique ... def authorised technique om 2000 SL No. 283 s 3 (1) distribution permit ... def distribution permit om 2000 SL No. 283 s 3 (1) 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). def hazardous area No. 1 sub 2000 SL No. 283 s 3 (1)–(2) amd 2009 SL No. 176 s 3 (1) hazardous area No. 2 see section 33 (1) (b). def hazardous area No. 2 sub 2000 SL No. 283 s 3 (1)–(2) amd 2009 SL No. 176 s 3 (2) hazardous area No. 3 see section 33 (1) (c). def hazardous area No. 3 ins 2000 SL No. 283 s 3 (2) amd 2009 SL No. 176 s 3 (3) permit condition ... def permit condition om 2000 SL No. 283 s 3 (1) 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. (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. s 3 amd 2008 SL No. 38 s 4 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.

s 4 amd 2007 SL No. 77 s 2 Part 2 Licences Division 1 General 5 Form of licence A licence or a renewal of a licence must be in the approved form. s 5 amd 2003 SL No. 335 s 4 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) a statement of attainment issued by a registered training organisation stating that an individual has successfully completed—

(i) each of the following competencies—

(A) CPPPMT3005—Modify environment to manage pests;

(B) CPPPMT3006—Apply pesticides to manage pests;

(ii) each of the following competencies—

(A) PRMPM05—Modify environment to manage pests;

(B) PRMPM06—Apply pesticide to manage pests;

(b) the successful completion of training that the chief executive reasonably considers is substantially equivalent to a statement of attainment mentioned in paragraph (a).

(2) In this section— registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3. s 8A ins 2003 SL No. 335 s 5 amd 2012 SL No. 103 s 22; 2013 SL No. 232 s 4; 2014 SL No. 103 s 43 sch 2 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 conduct the examination; or

(b) fix conditions for the conduct of the examination; or

(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;

12 Cancellation of result and re-examination (1) This section applies if the chief executive 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 chief executive 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 chief executive must give an information notice for the cancellation as soon as practicable after making the cancellation. (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. s 12 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 301; 2013 SL No. 232 s 5 Subdivision 2 Approved accreditations 13 Chief executive may approve (1) The chief executive 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 chief executive may approve an accreditation only if satisfied the holding of the accreditation is an appropriate qualification for the licence. s 13 amd 2003 SL No. 335 s 3 sch; 2013 SL No. 232 s 6 Division 4 Refusal of licences 14 When chief executive may refuse (1) The chief executive 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 chief executive 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. s 14 amd 2003 SL No. 335 ss 3 sch, 6; 2013 SL No. 232 s 7 15 Notice of refusal If the chief executive decides to refuse an application for a licence, the chief executive must give the applicant an information notice for the decision as soon as practicable after the making of the decision. s 15 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 302; 2013 SL No. 232 s 8 Division 5 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. s 16 amd 2009 Act No. 24 s 303 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. s 17 sub 2009 Act No. 24 s 304 18 Substituted decision on review Sections 16 and 17 do not apply to a decision that QCAT substitutes for the decision that was reviewed. s 18 sub 2009 Act No. 24 s 305 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. s 19 amd 2003 SL No. 335 s 7; 2009 Act No. 24 s 306 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 21D (3) 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. s 19A ins 2003 SL No. 335 s 8 amd 2009 Act No. 24 s 307; 2013 SL No. 232 s 9 Division 6 Amendment of aerial distribution contractor licences pt 2 div 6 (ss 20–23) om 2003 SL No. 335 s 9 20 pt 2 div 6 (ss 20–23) om 2003 SL No. 335 s 9 21 pt 2 div 6 (ss 20–23) om 2003 SL No. 335 s 9 22 pt 2 div 6 (ss 20–23) om 2003 SL No. 335 s 9 23 pt 2 div 6 (ss 20–23) om 2003 SL No. 335 s 9 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

(b) a public service employee employed by the department who is nominated by the officer.

25 Prescribed security for ground distribution—Act, s 25(3)(b) s 25 om 2003 SL No. 335 s 10 26 Aerial and ground equipment that may be used s 26 om 2003 SL No. 335 s 10 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 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;

(3) The standards officer may also enter other particulars in the register that the standards officer thinks are appropriate. s 31 amd 2003 SL No. 335 s 11 Division 2 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 under section 40. def distribution permit amd 2003 SL No. 335 s 3 sch; 2013 SL No. 232 s 10 hazardous area No. 1 ... def hazardous area No. 1 om 2000 SL No. 283 s 4 hazardous area No. 2 ... def hazardous area No. 2 om 2000 SL No. 283 s 4 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);

(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 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. s 33 amd 2000 SL No. 283 s 5 sub 2008 SL No. 38 s 5 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. Note— Under section 29 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—

(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.

s 36 amd 2003 SL No. 335 s 12 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.

s 37 amd 2000 SL No. 283 s 6 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.

s 38 amd 2000 SL No. 283 s 7 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.

s 38A ins 2000 SL No. 283 s 8 Subdivision 3 Distribution permits 39 Application for a distribution permit (1) A person who holds an aerial distribution contractor licence may apply to the chief executive 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 chief executive for a distribution permit for a stated individual to carry 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 chief executive must grant or refuse the application. (5) If the chief executive does not grant or refuse the application within 3 months of the making of the application, the chief executive 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.

s 39 amd 2003 SL No. 335 ss 3 sch, 13; 2009 Act No. 24 s 308; 2013 SL No. 232 s 11 40 Issue of distribution permit If the chief executive grants the application, the chief executive must issue a distribution permit in the approved form within 14 days s 40 amd 2003 SL No. 335 s 3 sch; 2013 SL No. 232 s 12 41 Distribution permit conditions (1) The chief executive may impose reasonable conditions for the issuing of the distribution permit. (2) If the chief executive imposes a permit condition, the chief executive must give the applicant an information notice for the decision within 14 days after the imposition of the condition. s 41 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 309; 2013 SL No. 232 s 13 42 Notice of refusal If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice within 14 days after the making of the decision. s 42 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 310; 2013 SL No. 232 s 14 43 Right of review (1) This section applies if the chief executive—

(a) gives the applicant for a distribution permit an information notice for the chief executive’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. s 43 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 311; 2013 SL No. 232 s 15 Part 4 Miscellaneous 44 False or misleading statements or documents (1) A person must not—

(a) state anything to the standards officer or chief executive the person knows is false or misleading in a material particular; or

(b) give the standards officer or chief executive a document the person knows is false or misleading in a material particular.

Maximum penalty—20 penalty units. (2) Subsection (1) (b) does not apply to a person who, when giving the document—

(a) tells the standards officer or chief executive, 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 chief executive.

(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. s 44 amd 2003 SL No. 335 s 14; 2013 SL No. 232 s 16 45 Fees The fees payable under the Act are in schedule 2. 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) 46 pt 5 (ss 46–47) exp 16 May 1998 (see s 47) 47 pt 5 (ss 46–47) exp 16 May 1998 (see s 47) Schedule 1 Areas excluded from Act section 3 sub 2000 SL No. 283 s 9; 2008 SL No. 38 s 6 Schedule 1A Hazardous area No. 1 section 33 (1) (a) sch 1A ins 2008 SL No. 38 s 6 Schedule 1B Hazardous area No. 2 section 33 (1) (b) sch 1B ins 2008 SL No. 38 s 6 Schedule 1C Hazardous area No. 3 section 33 (1) (c) sch 1C ins 2008 SL No. 38 s 6 Schedule 2 Fees section 45 $ 1 Examination fee for commercial operator’s licence or pilot chemical rating licence 33.00 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 29.90 (b) for 3 years 70.25 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 20.15 (b) for 3 years 60.45

sch 2 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; 2014 SL No. 113 s 4; 2015 SL No. 57 s 4