Object or Purpose of this legislative Instrument:
The object of this legislative instrument is to control the distribution of agricultural chemicals from aircraft and of herbicides from ground equipment.
The Act provides for:
a) the issue of the following licences
pilot chemical rating licences
aerial distribution contractor licences
commercial operators licences
ground distribution contractor licences.
and sets out the criteria and conditions which regulate licensing of operators and distribution contractors; and
b) the distribution of chemicals which are further specified in the Regulation.
The Regulation also prescribes licence fees and declared Hazardous Areas where certain chemicals may not be used, or use is restricted by permit only.
An obligation defined in law. A business must comply with relevant services.
Definition of terms
- Aerial distribution
the spraying, spreading or dispersing, whether intended or not, of any agricultural chemical or any preparation containing any agricultural chemical from an aircraft in flight.
- Aerial distribution contractor
any person who carries on the business of aerial distribution or at whose direction or upon whose authority, an aircraft is used to carry out aerial distribution.
any machine that can derive support in the atmosphere from the reactions of the air.
- Ground distribution
means the spraying, spreading or dispersing of any herbicides or any preparation containing any herbicide from ground equipment.
- Ground distribution contractor
means a person who carries on the business of ground distribution or at whose direction or on whose authority, ground equipment is used to carry out ground distribution.
- Ground equipment
means any machine or apparatus of any kind whatsoever other than an aircraft in flight used or intended to be used or capable of being used for the distribution of any herbicide, and includes any machine or apparatus prescribed to be ground equipment for the purposes of the Act but does not include any machine or apparatus prescribed not to be ground equipment for the purposes of the Act. Exclusion from the definition of ground equipment other than in a hazardous area, the following are prescribed not to be ground equipment for the Act: equipment used to distribute an agricultural chemical (herbicide) that is:
a) powered by hand or by compressed air or gas applied directly to the spray liquid for distribution without the use of air blast techniques, or
b) a hose proportioning device.
Inspectors appointed under the Act have powers to monitor and enforce compliance with the Act. Licences may be suspended or cancelled where breaches of conditions or offences against the Act occur. Penalties for offences against the Act include fines or imprisonment in certain cases.
This Act applies mainly to the eastern seaboard area and the agricultural and horticultural production areas of Queensland.
An applicant for a licence or a licensee 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 a decision to refuse an application for a licence, or a renewal of a licence, or to cancel or suspend a licence.
Department of Agriculture and Fisheries
Agricultural Chemicals Distribution Control Regulation 1998 (Queensland)
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