Controlled Substances (Pesticides) Regulations 2017 (SA)

South Australia Controlled Substances (Pesticides) Regulations 2017 under the Controlled Substances Act 1984

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Meaning of supervision 5 Non-application of regulations to certain pest control work Part 2—Licences 6 Requirement for licence 7 Authority conferred by licence 8 Pest controller's licence 9 Pest management technician's licence 10 Conditions of licence 11 Term and renewal of licence 12 Exemptions 13 Variation of licence 14 Suspension or cancellation of licence 15 Right of review Part 3—Duties of pest controllers and pest management technicians 16 Storage of pesticides 17 Transport of pesticides 18 Compliance with prescribed standards and codes of practice 19 Compliance with Agvet Code 20 Reporting of certain spillages of pesticide 21 Records to be kept by pest controllers 22 Duty of holder of pest controller's licence to notify change of business name or address 23 Duty of holder of limited pest management technician's licence to notify change or cessation of employment Part 4—Miscellaneous 24 Applications 25 False or misleading statement Schedule 1—Revocation and transitional provisions Part 1—Revocation of Controlled Substances (Pesticides) Regulations 2003 1 Revocation of regulations Part 2—Transitional provisions 2 Interpretation 3 Continuation of licences 4 Continuation of exemptions Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Controlled Substances (Pesticides) Regulations 2017. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Controlled Substances Act 1984; Agvet Code means the Agvet Code of South Australia (see section 5 of the Agricultural and Veterinary Chemicals (South Australia) Act 1994); approved label has the meaning given by the Agvet Code; director, in relation to a body corporate, has the same meaning as in the Corporations Act 2001 of the Commonwealth; disposal, in relation to pesticide, means— (a) disposal of unused pesticide; or (b) disposal of a container that has been used to hold pesticide; employ includes engage under a contract for services; Part 7 permit means a permit under Part 7 of the Agvet Code; pest has the meaning given by the Agvet Code; pest control business means a business in which pest control work is performed for another for fee or reward; pest controller means a person who carries on a pest control business; pest control work means using a pesticide to— (a) kill, stupefy or repel a pest; or (b) inhibit the feeding of a pest; or (c) modify the physiology of a pest to alter its natural development or reproductive capacity, and includes measuring, mixing, weighing or otherwise preparing a pesticide for such use; pesticide means a substance or preparation that— (a) contains any proportion of an S5 poison, S6 poison or S7 poison; and (b) is authorised under the Agvet Code for use for pest control work; pest management technician means a person who personally performs pest control work in the course of a pest control business; pest management technician's licence means a full pest management technician's licence or a limited pest management technician's licence. (2) In these regulations, S5 poison, S6 poison and S7 poison have the same respective meanings as in the Controlled Substances (Poisons) Regulations 2011. 4—Meaning of supervision (1) For the purposes of these regulations, pest control work is performed by a person under the supervision of another (the supervisor) if and only if— (a) the pest control work is of a kind that the supervisor is licensed to perform; and (b) the pesticides used in the pest control work are of a kind that the supervisor is licensed to use; and (c) subject to subregulation (2), the supervisor is present within sight and sound of the person while the person is performing the work and is available— (i) to advise or assist the person in the performance of the work; or (ii) to intervene in the performance of the work, as may be necessary in the circumstances of the case. (2) If, on application made by a pest controller who employs a person to perform pest control work under the supervision of another, the Minister determines that the competence of the person to perform pest control work is such that the level of supervision required by subregulation (1)(c) is unnecessary, that subregulation does not apply but instead the supervisor must be contactable in a manner approved by the Minister to provide advice or instruction to the person performing the pest control work, if necessary, while the person is performing the work. 5—Non-application of regulations to certain pest control work These regulations do not apply in relation to pest control work consisting only of— (a) the application of glyphosate by means of— (i) hand-held equipment with a tank having a maximum capacity of 15 litres or less; or (ii) a brush or similar implement; or (b) measuring, mixing, weighing or otherwise preparing glyphosate for application by such means.