Health (Pesticides) Regulations 2011 (WA)

Western Australia Health (Miscellaneous Provisions) Act 1911 Health (Pesticides) Regulations 2011 Western Australia Health (Pesticides) Regulations 2011 Contents Part 1 — Preliminary matters 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Pest management businesses 1 5. Pest management technicians 1 6. Pest management treatments 1 Part 2 — Control of pest management activities Division 1 — Pest management businesses 7. Business to be registered 1 8. Employment of fumigators 1 9. Advertising: pest management businesses 1 Division 2 — Pest management technicians and salespersons 10. Pest management technicians to be licensed 1 11. Salespersons to be licensed 1 12. Licensees to be employed by or be registered proprietor 1 13. Restriction on employment of unlicensed persons 1 14. Supervision of provisional technicians and unlicensed persons 1 15. Advertising: pest management technicians and salespersons 1 Part 3 — Registration of businesses Division 1 — Effect of registration 16. Business registration 1 Division 2 — Registration procedure 17. Application for business registration 1 18. Grant of business registration 1 19. Business premises 1 20. Conditions on business registration 1 21. Duration of business registration 1 22. Renewal of business registration 1 23. Registration certificate 1 24. Notification of ceasing to carry on business 1 25. Register of business registrations 1 Division 3 — Amendment, suspension or cancellation of registration 26. Grounds for taking action against registered proprietor 1 27. Chief Health Officer may amend, suspend or cancel business registration 1 Division 4 — Review of registration decisions 28. Review by State Administrative Tribunal 1 Division 5 — General matters 29. Application requirements 1 30. Amendment to correct error 1 31. Display of registration certificate 1 32. Identification on vehicles 1 33. False or misleading information in relation to applications 1 Part 4 — Licensing of pest management technicians Division 1 — Effect of licences 34. Technician's licence 1 35. Provisional licence 1 Division 2 — Licensing procedure 36. Persons who are adequately qualified 1 37. Application for licence 1 38. Grant of technician's licence 1 39. Grant of provisional licence 1 40. Endorsements on licence 1 41. Restricted‑use pesticides 1 42. Conditions on licence 1 43. Duration of licence 1 44. Renewal of licence 1 45. Extension of provisional licence 1 46. Upgrading provisional licence to technician's licence 1 47. Licence not transferable 1 48. Licence card 1 49. Register of licences 1 Division 3 — Amendment, suspension and cancellation of licences 50. Grounds for taking action against licensee 1 51. Chief Health Officer may amend, suspend or cancel licence 1 Division 4 — Review of licensing decisions 52. Review by State Administrative Tribunal 1 Division 5 — General matters 53. Application requirements 1 54. Amendment to correct error 1 55. Production of licence for inspection 1 56. False or misleading information in relation to application 1 Part 5 — Requirements for registered proprietors and licensees Division 1 — Preliminary matters 57. Terms used 1 Division 2 — General equipment and safety requirements 58. Proprietor to provide suitable and efficient equipment 1 59. Safety, first aid and emergency equipment 1 60. Safety precautions by licensee 1 61. Pest management treatments in confined spaces 1 62. Storage and handling of registered pesticides 1 Division 3 — Fumigations 63. Chief Health Officer to approve site of fumigation 1 64. Fumigation chambers 1 65. Sheet fumigation 1 66. Fumigators to be assisted 1 67. Other persons not to be present at fumigation 1 68. Respiratory equipment 1 69. Technician to ensure fumigation area is secure 1 70. Technician to carry out risk assessment 1 71. Gas detection equipment 1 72. Warning signs and other measures to secure area 1 73. Entry restricted while warning signs in place 1 74. Cleaning up after fumigation 1 75. Removal of warning signs 1 Division 4 — Record keeping and information 76. Employment records 1 77. Records of pest management treatments 1 78. Records to be made available 1 79. False or misleading records 1 80. Notification of accidents 1 Part 6 — Possession, use and disposal of pesticides Division 1 — Preliminary matters 81. Terms used 1 82. Application of this Part to manufacturers, wholesalers and retailers 1 Division 2 — Possession and use 83. Possession or use of controlled pesticides 1 84. Pesticides to be kept and used safely 1 85. Registered pesticides to be in approved and properly labelled containers 1 86. Transportation of registered pesticides 1 87. Use in accordance with label 1 88. Use of registered pesticides in public places 1 89. Verge spraying using moving vehicle 1 89A. Park spraying using moving vehicle 1 89B. Verge or park spraying using stationary vehicle 1 89C. Spraying in public place other than verge or park spraying 1 90. Chief Health Officer may restrict use of registered pesticides 1 91. Use of registered pesticides as cereal seed dressings 1 92. Termite treatments 1 93. Decontamination procedures 1 Division 3 — Disposal of pesticides and containers 94. Disposal of registered pesticides 1 95. Disposal of used pesticide containers 1 96. Collection of used pesticide containers 1 97. Reuse of pesticide containers 1 98. Domestic dispensing device to be labelled 1 Division 4 — Unregistered pesticides 99. Possession, use and disposal of unregistered pesticides 1 Part 7 — General matters Division 1 — Chief Health Officer permits 100. Authorisation under Chief Health Officer permit 1 101. Application for Chief Health Officer permit 1 102. Grant of Chief Health Officer permit 1 103. Cancellation of Chief Health Officer permit 1 Division 2 — Health and safety powers 104. When powers may be exercised 1 105. Authorised officer may stop pest management treatment 1 106. Authorised officer may prohibit entry to pesticide affected area 1 Division 3 — Evidentiary and liability matters 107. Evidence about registration and licensing 1 108. Liability of corporate officers for acts of body corporate 1 109. Liability of employer for acts of employee 1 Division 4 — Administrative matters 110. Pesticides Advisory Committee attendance fees (s. 246B(8)) 1 111. Fees 1 Part 8 — Repeal and transitional matters Division 1 — Repeal 112. Health (Pesticides) Regulations 1956 repealed 1 Division 2 — Transitional matters for Health (Pesticides) Regulations 2011 113. Terms used 1 114. Registered firms and commercial pesticide firms 1 115. Fumigators and pesticide operators 1 116. Conditions of fumigations 1 117. Exemptions for fumigations 1 118. Fumigation registers 1 119. Records of employees 1 120. Other approvals, authorities, directions, notices and permits 1 Division 3 — Transitional matters for Health (Pesticides) Amendment Regulations 2016 121. Terms used 1 122. Existing Chief Health Officer permit 1 Schedule 1 — Fees Notes Compilation table 1 Defined terms Health (Miscellaneous Provisions) Act 1911 Health (Pesticides) Regulations 2011