Chemical Usage (Agricultural and Veterinary) Control Act 1988 - Queensland

Service summary

Object or Purpose of this legislative Instrument:

To ensure that agricultural and veterinary chemicals are not misused in the interests of safety and welfare of both the public and the animal population as well as the protection of the State's rural, domestic and export resource base and its natural environment.

Scope of this legislative Instrument:

The Act prescribes the conditions and prohibitions on the use of chemicals and substances containing chemical residue, which may be used in primary industry and in veterinary practice.

The Regulation prescribes conditions for the use of hormonal growth promotants and sets out details of maximum residue limits and prescribed chemicals. The legislation provides a number of use restrictions for veterinary chemical products pertaining to veterinarians and other animal carers as well as use restrictions for agricultural chemical products.

The legislation also sets out Great Barrier Reef protection measures for certain agricultural chemical products declared to be prescribed agricultural ERA products for an agricultural ERA (environmentally relevant activity) carried out in reef catchment areas defined under the Environmental Protection Act 1994

The following Subordinate Legislation should be examined:

  • Chemical Usage (Agricultural and Veterinary) Control Regulation 1999

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Agricultural ERA

see the Environmental Protection Act 1994 , section 75.

Agricultural produce

any plant, or part thereof, or the produce of a plant, whether processed or not, that is intended or normally used for human or animal consumption.

Agvet Code

provisions applied in accordance with section 5 of the Agricultural and Veterinary Chemicals (Queensland) Act 1994.

Chemical

a chemical product or another substance prescribed by regulation to be a chemical.

Chemical product

has the meaning given by the Agvet Code.

Residue

in relation to a chemical, includes, in addition any of that chemical, any derivative or metabolite of the chemical.

Use

in relation to a chemical, means to administer, apply, disperse inject, spray or spread the chemical or to use the chemical by similar means.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Authorised inspectors have powers to monitor and enforce compliance with the Act. Offences against the Act may be prosecuted in a Magistrates Court and fines imposed as penalties.

Review or Appeal Mechanisms:

A person who is dissatisfied with a decision relating to a direction contained in a notice under section 16 of the Act or a decision of an inspector to refuse an application under section 17 of the Act may apply to the Queensland Civil and Administrative Tribunal (QCAT), as provided under the Queensland Civil and Administrative Tribunal Act 2009, for a review of the decision.

A person who is dissatisfied with a decision of an inspector to seize a thing under section 20 of the Act may appeal against the decision to the Magistrates Court nearest the place where the appellant resides, is employed or carries on business. A party dissatisfied by the decision of the Court may appeal to the District Court but only on a point of law

Review and appeal provisions are more fully explained in sections 21A, 22, 22A to E of the Act.


Administering agency

Department of Agriculture and Fisheries
Biosecurity Queensland
Plant Biosecurity and Product Integrity

Contact details

Principal Policy Officer
Department of Agriculture and Fisheries
Biosecurity Queensland
Plant Biosecurity and Product Integrity

Operating address:
Level 5
Primary Industries Building
80 Ann Street
Brisbane, Queensland 4000

Phone:

07 3087 8101

Fax:

07 3087 8328

Supporting information

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