Pest Management Act 2001 – 24 March 2016
Pest Management Act 2001 – 24 March 2016
Pest Management Regulation 2003 – 1 October 2016
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A person must not carry out a pest management activity (defined to mean a fumigation activity or pest control activity) unless the person is: (a) a pest management technician who holds a licence for the activity; or (b) a trainee who is being properly supervised by a pest management technician who holds a licence for the activity. To apply for a licence, an individual will need to comply with section 19 of the Act. The government may grant the application only if satisfied the applicant: (a) is at least 17 years; and (b) is a suitable person to hold the licence applied for; and (c) holds a pest management qualification relevant to a pest management activity the applicant intends to carry out under the licence – see subsection 21(2) of the Act. For licence suitability requirements, refer to section 14 of the Act. A licence may be issued for a period up to 5 years. For record-keeping obligations relating to the use of fumigants or pesticides, refer to regulations 14 and 15 of the Pest Management Regulation 2003. For the definitions of ‘fumigation activity, ‘pest control activity’, ‘pest’, ‘trainee’, ‘properly supervised’, and ‘pest management qualification’, refer to Schedule 3 of the Act. Note: Section 7 of the Act details when this Act does not apply. It doesn’t apply, for example, to pet pest control, household pesticide use, etc.
- Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 19, 21, 22, 24, 25, 26, 29, 43, 50, 51; Regulations 3, 4, 7, 9, 10, 12, 14, 15, 17, 18, 19, 21, 24, 25, 26, 28, Schedule 3
If a pest management technician, or another person carrying on a business of providing a pest management activity, employs or otherwise engages a trainee to carry out a pest management activity, the employer must ensure the trainee is properly supervised while the trainee is carrying out the activity.
- Section 52
A pest management technician must, unless the technician has a reasonable excuse, give the government notice about the occurrence of a notifiable incident that occurs when the technician is carrying out a pest management activity; or when the technician is supervising the carrying out of a pest management activity by a trainee. A ‘notifiable incident’ means an exposure, spillage or other release of a pesticide or fumigant that adversely affects, or is likely to adversely affect, a person’s health. For the definition of ‘pesticide’, refer to Schedule 3 of the Act. For the definition of ‘fumigant’, refer to section 5A of the Act.
- Sections 5, 5A, 123, Schedule 3
If a pest management technician or a trainee: (a) puts a fumigant or pesticide into a container that does not have an approved label attached to it; and (b) stores the container for future use of the fumigant or pesticide, the technician, or the pest management technician who is supervising the trainee, must ensure a label is attached to the container which complies with subregulation 8(2) of the Pest Management Regulation 2003.
- Regulations 8, 8A
If a fumigant or pesticide in the control, custody or possession of a pest management technician leaks or escapes, the technician must, as soon as practicable after the technician becomes aware of the leakage or escape, take action to: (a) stop the leakage or escape; and (b) if practicable, contain the fumigant or pesticide that has leaked or escaped; and (c) if necessary, dispose of the fumigant or pesticide that has leaked or escaped.
- Regulation 11
If a pest management technician or trainee carries out a pest control activity that is using a pesticide at premises, the technician, or the technician who supervises the carrying out of the activity by the trainee, must ensure that a pest control advice for the activity is: (a) for premises that are occupied: (i) personally given to a person who resides at, or is an occupier of, the premises if practicable; or (ii) otherwise-left in a conspicuous place, including, for example, on a table or counter, or in a letter box; or (b) for premises that are not occupied, personally given, or posted, to the person who: (i) owns the premises; or (ii) requested the activity, including for example a letting agent. A ‘pest control advice’, for a pest control activity, means a notice signed by the pest management technician who carries out the activity or supervises the carrying out of the activity by a trainee, dated and stating the following: (a) the name and business name, if any, of (i) for a pest management technician employed or otherwise engaged by a person who carries on a business that provides the activity-the person; or (ii) otherwise-the pest management technician; (b) the technician’s licence number; (c) for each pesticide used for the activity: (i) the name by which the pesticide is marketed or sold; and (ii) the active constituent of the pesticide; (d) the part of the premises in which the pesticide is used; (e) general precautions that should be taken for the pest control activity.
- Regulation 13
A pest management technician must not have a fumigant or pesticide in or on a motor vehicle unless the vehicle: (a) for the part of the vehicle where the fumigant or pesticide is located: (i) has a floor and walls that are impervious to the fumigant or pesticide; and (ii) can contain a leakage or escape of the fumigant or pesticide; and (b) has the following on the exterior of the vehicle in English in a way that can be easily read: (i) the technician’s name or business name, or the name or business name of the technician’s employer; (ii) the contact telephone number for the technician or employer; (iii) if the name on the vehicle does not clearly indicate the vehicle is used for pest management activities-the words ‘Pest management vehicle’ or other words clearly indicating the vehicle is used for pest management activities.
- Regulation 16
A relevant person (employer/technician) must, at least 24 hours before carrying out a relevant fumigation activity at a place, give a fumigation notice for the activity to at least 1 of the following: (a) the owner or occupier of the place; (b) another person, if any, who requested the activity. However, the relevant person may give the fumigation notice less than 24 hours before carrying out the activity if: (a) the place is not a public place; and (b) it is not practicable for the relevant person to give the notice 24 hours before carrying out the activity. A ‘fumigation notice’, for a relevant fumigation activity, means a notice that: (a) is signed by the relevant person for the activity; and (b) is dated; and (c) includes the pest management technician’s licence number; and (d) includes the following: (i) the name, address and contact telephone number of the relevant person; (ii) where the relevant fumigation activity is to be carried out; (iii) if the relevant fumigation activity is to be carried out in only part of the place, details of the part; (iv) the fumigant to be used; (v) the day and time the fumigant is proposed to be introduced into the fumigation space; (vi) an estimate of the length of the exposure period.
- Regulation 20
A pest management technician carrying out a relevant fumigation activity must ensure danger signs, sufficient in number, and placed in a way that they can be easily seen by a person approaching the fumigation space or risk area for the activity, are placed on barricades: (a) before the relevant fumigation activity is started; and (b) as far as practicable, for the entire exposure period for the activity. For the definition of ‘danger sign’, refer to Schedule 3 of the Pest Management Regulation 2003.
- Regulations 3, 22, Schedule 3
A pest management technician must, when the technician is satisfied a fumigation space is safe for entry, give the person who requested the relevant fumigation activity a clearance certificate for the activity. A ‘clearance certificate’ means a certificate signed by a pest management technician and dated, and stating the following: (a) the name and address of the person to whom the clearance certificate is given; (b) the name, address and telephone number of: (i) if the pest management technician is employed or otherwise engaged by a person who carries on a business that provides the fumigation activity-the person; or (ii) otherwise-the pest management technician; (c) where the activity was carried out; (d) if only a part of the place was fumigated, or in the risk area, the part; (e) if a commodity or thing is fumigated, the commodity or thing; (f) the reason for the fumigation activity; (g) the fumigant used; (h) the day and time the fumigant was introduced into the fumigation space; (i) the method used to introduce the fumigant into the space; (j) the retention period; (k) the day and time the fumigant was released from the fumigation space; (l) the device or method used to establish that the fumigation space is safe for entry; (m) that the fumigation space is safe for entry.
- Regulation 27
A person must not smoke tobacco or any other substance while the person is carrying out, or is with a person who is carrying out, a fumigation activity.
- Regulation 29
Reason for law
To protect the public from health risks associated with pest control activities and fumigation activities; and the adverse results of the ineffective control of pests. (Section 4)
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