Agriculture and Related Resources Protection Act 1976
Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979
Reprinted as at 2 November 200
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprinted under the Reprints Act 1984 as at 2 November 2001
Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979
CONTENTS
1.Short title1
2.Interpretation1
3.Prescribed areas1
4.Spraying of acids2
5.Storage of esters of acids3
6.Restrictions as to vehicles and equipment4
7.Applications to Director4
Schedule — Chemicals within the meaning of “Acid”6
Notes
Compilation table7
Reprinted under the Reprints Act 1984 as at 2 November 2001
Agriculture and Related Resources Protection Act 1976
Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979
These regulations may be cited as the Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979 1.
In these regulations, unless the contrary intention appears —
“acid” means a chemical, whether in a salt, amine or other form, listed in the Schedule;
“Director” means the Director General of Agriculture or an officer of the Department of Agriculture authorised by him in writing;
“prescribed area” means an area described in regulation 3.
[Regulation 2 amended in Gazette 28 Nov 1986 p. 4415; 1 Sep 1989 p. 3074.]
The following areas are prescribed areas for the purposes of these regulations —
(a)any area within 5 kilometres of a place where tomatoes or grapevines are being grown for commercial purposes;
(b)any area being more than 5 kilometres but not more than 10 kilometres from a place where tomatoes or grapevines are being grown for commercial purposes;
(c)the area within an imaginary circle having a radius of 19 kilometres with the Geraldton Post Office as its centre;
[(d)deleted]
(e)the area within an imaginary circle having a radius of 50 kilometres with the Geraldton Post Office as its centre but outside an imaginary circle having a radius of 19 kilometres with the Geraldton Post Office as its centre;
(f)an area within 10 kilometres of a place where irrigated agricultural or horticultural crops are being grown for commercial purposes which is situated within 50 kilometres of the Kununurra Post Office;
(g)an area more than 10 kilometres but not more than 50 kilometres from a place where irrigated agricultural or horticultural crops are being grown for commercial purposes which is situated within 50 kilometres of the Kununurra Post Office;
(h)all the land bounded by lines starting from the junction of Ida Street and Anzac Terrace in the town of Bassendean extending east to the southeast corner of Swan location 3218; then north to the southeast corner of Swan location 1339; then west to the northwest corner of Swan location 277; then south to the starting point.
[Regulation 3 amended in Gazette 10 Apr 1981 p. 1260; 1 Sep 1989 p. 3074.]
(1)A person shall not, within the prescribed areas described in regulation 3(a), (c), (f) or (h), spray —
(a)an ester of an acid; or
(b)unless he has the prior written approval of the Director, a chemical containing an acid.
(2)A person shall not, within the prescribed areas described in regulation 3(b), (e) or (g), spray an ester of an acid unless the ester is a low volatile kind approved by the Director and notified in the Government Gazette.
(3)A person who contravenes subregulation (1) or (2) commits an offence and is liable to a penalty of $500.
[Regulation 4 inserted in Gazette 1 Sep 1989 p. 3074‑5.]
(1)A person shall not, within the prescribed areas described in regulation 3(c), (e), (f) or (g), store an ester of an acid unless —
(a)the ester is a low volatile kind approved by the Director and notified in the Government Gazette; or
(b)except in the case of the prescribed area described in regulation 3(c), he has obtained the prior written approval of the Director.
(2)An inspector who finds an acid stored in contravention of subregulation (1) shall forthwith —
(a)seize and remove the acid from the prescribed area concerned; or
(b)direct the owner or occupier of the land on which the acid is stored, or his agent, to remove the acid from the prescribed area concerned forthwith,
and a person who is given a direction under paragraph (b) shall comply with it.
(3)Before exercising the powers under subregulation (2), an inspector shall —
(a)take 2 samples of the acid and identify each with a mark; and
(b)give a sample each to —
(i)a person referred to in subregulation (2)(b); and
(ii)a laboratory approved by the Director General of Agriculture, for analysis of the sample.
(4)An inspector who has acted under subregulation (3) shall, as soon as he receives the written results of the analysis, give or cause to be given a copy of those results to a person referred to in subregulation (2)(b).
(5)A person who contravenes subregulation (1), (2), (3) or (4) commits an offence and is liable to a penalty of $500.
[Regulation 5 inserted in Gazette 1 Sep 1989 p. 3075.]
6.Restrictions as to vehicles and equipment
A person shall not, within a prescribed area described in regulation 3(c), (f) or (h), park, stand, store or move a vehicle or any equipment —
(a)that is carrying an open container that contains or has contained an ester of an acid; or
(b)that is contaminated by an ester of an acid,
unless the ester is a low volatile kind approved by the Director and notified in the Government Gazette.
Penalty: $500.
[Regulation 6 inserted in Gazette 1 Sep 1989 p. 3075.]
An application for an approval under regulation 4(1)(b) or 5(1)(b) shall be in writing and shall contain —
(a)in the case of an application under regulation 4(1)(b), particulars of —
(i)the approximate area to be sprayed;
(ii)the location of the area to be sprayed;
(iii)the acid and the form of the acid to be used;
(iv)the method of spraying and the equipment to be used; and
(v)the proposed date of spraying;
and
(b)in the case of an application under regulation 5(1)(b), particulars of —
(i)the location of the storage area; and
(ii)the kind of ester of acid to be stored.
[Regulation 7 inserted in Gazette 1 Sep 1989 p. 3075.]
[Reg. 2]
Chemicals within the meaning of “
(2) MCPB
(3) 2,4‑D
(4) 2,4‑DB
(5) 2, 4, 5‑T
(6) Dicamba
(7) Picloram
[Schedule inserted in Gazette 1 Sep 1989 p. 3075.]
Notes
1This reprint is a compilation as at 2 November 2001 of the Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979 and includes the amendments made by the other written laws referred to in the following table.
|
Citation |
Gazettal |
Commencement |
|
Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979 |
4 May 1979 p. 1171‑2 |
4 May 1979 |
|
Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1981 |
10 Apr 1981 p. 1260‑1 |
10 Apr 1981 |
|
Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1982 |
16 Apr 1982 |
16 Apr 1982 |
|
Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1986 |
28 Nov 1986 |
28 Nov 1986 |
|
Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1989 |
1 Sep 1989 p. 3074‑5 |
1 Sep 1989 |
By Authority: JOHN A. STRIJK, Government Printer