Hemp Industry Regulation 2016 (2016-450) (NSW)

Hemp Industry Regulation 2016

Part 1 Preliminary

1 Name of Regulation This Regulation is the Hemp Industry Regulation 2016.

2 Commencement This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Hemp Industry Regulation 2008, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— hemp means any plant of the genus Cannabis. plant includes a seedling. seeds means any seeds that are capable of producing low-THC hemp. the Act means the Hemp Industry Act 2008.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

Part 2 Licensing scheme

4 Information and particulars to be included in licence applications (1) Purpose This clause prescribes information and particulars for the purposes of section 7 (2) (c) of the Act. (2) Generally An application for a licence must include the following— (a) the name, address, date of birth and contact details of the applicant, (b) the name, address, date of birth and contact details of any close associate of the applicant who is likely to be concerned in, or associated with, the cultivation or supply of low-THC hemp under the licence, (c) a description of the purpose for which the licence is required and the nature of the activities proposed to be carried out under the licence, (d) a description of the intended use and relevant destination of the low-THC hemp that is to be cultivated or supplied under the proposed licence, (e) details of any drug related offence for which the applicant, or any close associate of the applicant, has been convicted, (f) details of any refusal to grant a corresponding authority to the applicant or any close associate of the applicant, (g) details of any suspension or cancellation of a corresponding authority held by the applicant or any close associate of the applicant, (h) two recent passport-sized photographs of the applicant's face, (i) two recent passport-sized photographs of the face of any close associate of the applicant who is likely to be concerned in, or associated with, the cultivation or supply of low-THC hemp under the proposed licence, (j) the signature of the applicant and the date of the application. (3) Licence to cultivate low-THC hemp for commercial production An application for a licence authorising a person to cultivate low-THC hemp for commercial production (whether or not for any other purpose) must also include the following— (a) a description of the location of the property on which the low-THC hemp is to be cultivated (including Lot and DP numbers and the address of the property), (b) a plan of the property that shows the areas where the low-THC hemp is to be cultivated or stored (including an estimate of the total area to be used to grow the hemp), (c) (Repealed) (d) if the applicant does not own the property—the name and address of the owner of the property and evidence of the owner's consent to the use of the property to cultivate low-THC hemp for commercial production. (4) Licence to supply low-THC hemp for commercial production An application for a licence authorising a person to supply low-THC hemp for commercial production (whether or not for any other purpose) must also include the following— (a) if known—a description of the location of the property that is to be used for the proposed commercial production (including the address and contact details), (b) the estimated quantity of low-THC hemp to be supplied annually. (5) Licence to cultivate low-THC hemp for use in manufacturing process An application for a licence authorising a person to cultivate low-THC hemp for use in any manufacturing process (whether or not for any other purpose) must also include the following— (a) a description of the location of the property on which the low-THC hemp is to be cultivated (including Lot and DP numbers and the address of the property), (b) a plan of the property that shows the areas where the low-THC hemp is to be cultivated or stored (including an estimate of the total area to be used to grow the hemp), (c) (Repealed) (d) if the applicant does not own the property—the name and address of the owner of the property and evidence of the owner's consent to the use of the property to cultivate low-THC hemp for use in a manufacturing process, (e) if known—a description of the processes to which the low-THC hemp will be subject. (6) Licence to supply low-THC hemp for use in manufacturing process An application for a licence authorising a person to supply low-THC hemp for use in any manufacturing process (whether or not for any other purpose) must also include the following— (a) if known—a description of the location of the manufacturing facilities (including the address and contact details), (b) if known—a description of the processes to which the low-THC hemp will be subject, (c) the estimated quantity of low-THC hemp to be supplied annually. (7) Licence to cultivate low-THC hemp for scientific purposes An application for a licence authorising a person to cultivate low-THC hemp for scientific research, instruction, analysis or study (whether or not for any other purpose) must also include the following— (a) a description of the location of the property on which the low-THC hemp is to be cultivated (including Lot and DP numbers and the address of the property), (b) a plan of the property that shows the areas where the low-THC hemp is to be cultivated or stored (including an estimate of the total area to be used to grow the hemp), (c) (Repealed) (d) if the applicant does not own the property—the name and address of the owner of the property and evidence of the owner's consent to the use of the property to cultivate low-THC hemp for scientific research, instruction, analysis or study, (e) details of the educational qualifications and other relevant qualifications and experience of— (i) the applicant, and (ii) any close associate of the applicant who will be concerned in, or associated with, the cultivation of low-THC hemp under the licence, (f) details of the proposed research, instruction, analysis or study (including the objectives, trial design, the estimated quantity of low-THC hemp to be cultivated and the proposed use, disposal and destruction of that hemp). (8) Licence to supply low-THC hemp for scientific purposes An application for a licence authorising a person to supply low-THC hemp for scientific research, instruction, analysis or study (whether or not for any other purpose) must also include the following— (a) if known—a description of the location of the property that is to be used for the proposed research, instruction, analysis or study (including the address and contact details), (b) if known—a description of the proposed research, instruction, analysis or study, (c) the estimated quantity of low-THC hemp to be supplied annually.