Agricultural Chemicals Distribution Control Regulation 1998

Queensland Agricultural Chemicals Distribution Control Act 1966 Agricultural Chemicals Distribution Control Regulation 1998 Current as at 1 July 2013

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Queensland Agricultural Chemicals Distribution Control Regulation 1998 Contents Part 1 1 2 3 4 Part 2 Division 1 5 6 Division 2 7 8 8A Division 3 Subdivision 1 9 10 11 12 Subdivision 2 13 Division 4 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Parts of State excluded—Act, s 3. . . . . . . . . . . . . . . . . . . . . . . . . 5 Exclusion from definition ground equipment . . . . . . . . . . . . . . . . 6 Licences General Form of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Classes of commercial operator’s licence—Act, s 16(1) . . . . . . . 7 Licence qualifications Pilot chemical rating licence—Act, s 12(2)(b). . . . . . . . . . . . . . . . 7 Commercial operator’s licence—Act, s 16(2) . . . . . . . . . . . . . . . . 7 Commercial operator’s licence—relevant pest management qualification for pest management technician—Act, s 16A . . . . . 7 Examinations and approved accreditations Examinations Who may sit for examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Conduct of examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Notice of examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Cancellation of result and re-examination . . . . . . . . . . . . . . . . . . 9 Approved accreditations Board may approve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Refusal of licences When board may refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Notice of refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Agricultural Chemicals Distribution Control Regulation 1998 Contents Division 5 16 17 18 19 19A Division 7 24 Part 3 Division 1 27 28 29 30 31 Division 2 Subdivision 1 32 33 Subdivision 2 34 35 36 37 38 38A Subdivision 3 39 40 41 42 43 Part 4 44 45 Schedule 1 Page 2 Suspension and cancellation Notice of suspension by standards officer . . . . . . . . . . . . . . . . . . Right of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Substituted decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . Surrender of licence suspended by standards officer . . . . . . . . . Surrender of licence suspended or cancelled by chief executive . Miscellaneous Production of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aerial and ground distribution General Notice of damage by agricultural chemicals—Act, s 30(1) . . . . . . Regulation of distribution if damage or injury to crop or stock . . . Regulation of aerial distribution . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on opening containers of volatile chemicals . . . . . . . . Prescribed matters for register—Act, s 24(1) . . . . . . . . . . . . . . . . Hazardous areas Preliminary Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hazardous areas—Act, s 28(1) . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution conditions Prescribed conditions for distribution . . . . . . . . . . . . . . . . . . . . . . No distribution if damage or injury to crop or stock . . . . . . . . . . . Smoke generation for aerial distribution . . . . . . . . . . . . . . . . . . . . Conditions for hazardous area No. 1 . . . . . . . . . . . . . . . . . . . . . . Conditions for hazardous area No. 2 . . . . . . . . . . . . . . . . . . . . . . Conditions for hazardous area No. 3 . . . . . . . . . . . . . . . . . . . . . . Distribution permits Application for a distribution permit . . . . . . . . . . . . . . . . . . . . . . . Issue of distribution permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution permit conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous False or misleading statements or documents . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Areas excluded from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 11 11 12 12 13 13 13 14 14 15 15 16 16 16 17 17 18 18 19 19 20 20 20 21 22

Schedule 1A Schedule 1B Schedule 1C Schedule 2 Agricultural Chemicals Distribution Control Regulation 1998 Contents Hazardous area No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hazardous area No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hazardous area No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 25 26 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 27 28 29 31 Page 3

Agricultural Chemicals Distribution Control Regulation 1998 Part 1 Preliminary [s 1] Agricultural Chemicals Distribution Control Regulation 1998 [as amended by all amendments that commenced on or before 1 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Agricultural Chemicals Distribution Control Regulation 1998 . 2 Definitions In this regulation— apply , for a licence, includes an application to renew the licence by a person who holds the licence. approved accreditation means an accreditation the holding of which is approved under section 13. examination , for a licence, means an examination for the licence conducted under part 2, division 3, subdivision 1. hazardous area No. 1 see section 33(1)(a). hazardous area No. 2 see section 33(1)(b). hazardous area No. 3 see section 33(1)(c). 3 Parts of State excluded—Act, s 3 (1) For section 3 of the Act, the parts of the State to which the Act does not apply are shown on the map in schedule 1. (2) The exact location of the boundary of the parts of the State to which the Act does not apply is held in digital electronic form by the department. Current as at 1 July 2013 Page 5

Agricultural Chemicals Distribution Control Regulation 1998 Part 2 Licences [s 4] (3) A map showing the exact location of the boundary of the parts of the State to which the Act does not apply can be accessed, free of charge, on the department’s website. Editor’s note — The department’s website address is <www.daff.qld.gov.au>. (4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries. 4 Exclusion from definition ground equipment (1) For the definition ground equipment in the schedule of the Act, the equipment described in subsection (2) is, other than in a hazardous area, prescribed not to be ground equipment for the Act. (2) Subsection (1) applies to equipment used to distribute an agricultural chemical 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. Part 2 Licences Division 1 General 5 Form of licence A licence or a renewal of a licence must be in the approved form. Page 6 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Part 2 Licences [s 6] 6 Classes of commercial operator’s licence—Act, s 16(1) For section 16(1) of the Act, the prescribed classes of commercial operator’s licences are— (a) an unrestricted commercial operator’s licence; and (b) a commercial operator’s licence, restricted to herbicides or equipment stated in the licence. Division 2 Licence qualifications 7 Pilot chemical rating licence—Act, s 12(2)(b) For section 12(2)(b) of the Act, the prescribed qualification for a person to apply for or hold a pilot chemical rating licence is that the person must— (a) have passed the examination for the licence; or (b) hold an approved accreditation for the licence. 8 Commercial operator’s licence—Act, s 16(2) For section 16(2) of the Act, the prescribed qualification for a person to apply for or hold a commercial operator’s licence is that the person must— (a) have passed the examination for the licence; or (b) hold an approved accreditation for the licence. 8A Commercial operator’s licence—relevant pest management qualification for pest management technician—Act, s 16A (1) For section 16A(1) of the Act, a relevant pest management qualification is a statement of attainment issued by a registered training organisation stating that an individual has successfully completed each of the following competencies— (a) PRMPM05—Modify environment to manage pests; Current as at 1 July 2013 Page 7

Agricultural Chemicals Distribution Control Regulation 1998 Part 2 Licences [s 9] (b) PRMPM06—Apply pesticide to manage pests; (c) PRMPM18—Maintain an equipment and consumables storage area. (2) In this section— registered training organisation see the Vocational Education, Training and Employment Act 2000 , schedule 3. Division 3 Examinations and approved accreditations Subdivision 1 Examinations 9 Who may sit for examination A person may sit for an examination for a pilot chemical rating licence or a commercial operator’s licence if— (a) the person has not failed— (i) an examination for the licence within 7 days; or (ii) 3 consecutive examinations for the licence and the last failure was within 3 months; and (b) the person gives written notice to the standards officer that the person wishes to sit for an examination for the licence. 10 Conduct of examination (1) This section applies if a person mentioned in section 9 has given notice to the standards officer under section 9(b). (2) The standards officer must conduct the examination as soon as practicable. (3) The standards officer may— (a) appoint another person who has appropriate qualifications, experience or standing to help the officer Page 8 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Part 2 Licences [s 11] conduct the examination; or (b) fix conditions for the conduct of the examination; or (c) fix the standard to pass the examination. (4) An appointment must be by signed writing. 11 Notice of examination (1) The standards officer must give each applicant to sit for an examination notice of its time and place as soon as practicable after the officer receives the application. (2) Notice under subsection (1) may be given orally. (3) The officer must also give each applicant written notice of the following before the examination starts— (a) any conditions fixed for the conduct of the examination; (c) the standard for a pass. 12 Cancellation of result and re-examination (1) This section applies if the board considers that— (a) cheating or an irregularity happened in the conduct of an examination; and (b) the examination result for a person who sat for the examination (the candidate ) would not have been the same if the cheating or irregularity had not happened. (2) The board may cancel the candidate’s result. (3) If the result is cancelled, the candidate— (a) is taken not to have sat for the examination; and (b) subject to section 9(a), may apply to sit for the examination again. (4) The board must give an information notice for the cancellation as soon as practicable after making the cancellation. Current as at 1 July 2013 Page 9

Agricultural Chemicals Distribution Control Regulation 1998 Part 2 Licences [s 13] (5) The candidate may apply, as provided under the QCAT Act, to QCAT for a review of the decision. (6) This section does not apply to a decision that QCAT substitutes for the cancellation. Subdivision 2 Approved accreditations 13 Board may approve (1) The board may, by gazette notice, approve the holding of an accreditation as an alternative qualification to the passing of the examination for a pilot chemical rating or commercial operator’s licence. (2) The board may approve an accreditation only if satisfied the holding of the accreditation is an appropriate qualification for the licence. Division 4 Refusal of licences 14 When board may refuse (1) The board may refuse an application for a licence if the applicant has committed an offence against the Act or the Health (Drugs and Poisons) Regulation 1996 , section 290. (2) The board may also refuse an application for an aerial distribution contractor licence or ground distribution contractor’s licence if the applicant has contravened a request by the standards officer under section 26(2) of the Act. 15 Notice of refusal If the board decides to refuse an application for a licence, the standards officer must give the applicant an information notice for the decision as soon as practicable after the making of the decision. Page 10 Current as at 1 July 2013

Division 5 Agricultural Chemicals Distribution Control Regulation 1998 Part 2 Licences [s 16] Suspension and cancellation 16 Notice of suspension by standards officer If the standards officer decides to suspend a licence under section 20 of the Act, the standards officer must give the holder of the licence an information notice for the decision as soon as practicable after the making of the decision. 17 Right of review (1) This section applies if the standards officer gives the holder of a suspended licence an information notice for the officer’s decision to suspend the licence. (2) The holder may apply, as provided under the QCAT Act, to QCAT for a review of the decision. 18 Substituted decision on review Sections 16 and 17 do not apply to a decision that QCAT substitutes for the decision that was reviewed. 19 Surrender of licence suspended by standards officer (1) An information notice given to a holder of a licence by the standards officer under section 16(1) may state a day by which the holder must surrender the licence to the standards officer. (2) The holder must comply with the information notice unless the holder has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units. (3) The standards officer must return the licence to the holder as soon as practicable if, because of a review, the suspension mentioned in the notice ends. Current as at 1 July 2013 Page 11

Agricultural Chemicals Distribution Control Regulation 1998 Part 2 Licences [s 19A] 19A Surrender of licence suspended or cancelled by chief executive (1) An information notice given to a licensee or former licensee by the chief executive under section 21(5) of the Act may state a day by which the person must surrender the licence to the chief executive. (2) The person must comply with a requirement under subsection (1) unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) The chief executive must return the licence to the person as soon as practicable if, because of a review, the cancellation or suspension mentioned in the notice ends. Division 7 Miscellaneous 24 Production of licences (1) This section applies if the standards officer or an inspector— (a) finds a licensee committing, or reasonably suspects a licensee has committed, an offence against the Act; or (b) is exercising a power under section 32 or 34 of the Act and the exercise of the power relates to a licensee. (2) The officer may require the licensee to produce to the officer at a stated reasonable time and place any licence held by the person that relates to the offence or the exercise of the power. (3) The person must comply with the requirement unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units. (4) If the person is required to produce a commercial operator’s licence, the requirement may also be complied with by the production of the licence within 2 days to— (a) the person in charge of any police station nominated by the officer; or Page 12 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Part 3 Aerial and ground distribution [s 27] (b) a public service employee employed by the department who is nominated by the officer. Part 3 Aerial and ground distribution Division 1 General 27 Notice of damage by agricultural chemicals—Act, s 30(1) For section 30(1) of the Act, the prescribed particulars and information for a notice to the standards officer are the particulars and information required to be given in the approved form. 28 Regulation of distribution if damage or injury to crop or stock (1) This section applies to— (a) the pilot in command in charge of aerial distribution; or (b) a licensed commercial operator in charge of ground distribution. (2) The pilot or operator must not carry out the distribution with equipment or under meteorological conditions that might reasonably be expected to cause damage or injury to— (a) a crop that the pilot or operator did not intend to treat by the distribution; or (b) stock. Maximum penalty—20 penalty units. 29 Regulation of aerial distribution A pilot in command must not carry out aerial distribution unless each spray nozzle used to carry out the distribution is Current as at 1 July 2013 Page 13

Agricultural Chemicals Distribution Control Regulation 1998 Part 3 Aerial and ground distribution [s 30] fitted with a positive and effective leak-proof cut-off system. Maximum penalty—20 penalty units. 30 Restriction on opening containers of volatile chemicals (1) This section applies if a container holds a volatile formulation of 2,4-D, MCPA or picloram (a volatile chemical ). (2) A person must not open the container within 25m of a crop or of stock that is susceptible to damage from a volatile chemical unless the person has a reasonable excuse for opening the container. Maximum penalty—20 penalty units. (3) It is a reasonable excuse for the person to open the container if the person was not reasonably aware that— (a) the container held a volatile chemical; and (b) the stock or crop was susceptible to damage from a volatile chemical. 31 Prescribed matters for register—Act, s 24(1) (1) For section 24(1) of the Act, the register must be kept in an electronic form. (2) For section 24(1) of the Act, the following are the prescribed particulars for licensees to be entered in the register— (a) the licensee’s address; (b) the number of the licensee’s licence or renewal of licence; (c) the date the licence or renewal was granted. (3) The standards officer may also enter other particulars in the register that the standards officer thinks are appropriate. Page 14 Current as at 1 July 2013

Division 2 Agricultural Chemicals Distribution Control Regulation 1998 Part 3 Aerial and ground distribution [s 32] Hazardous areas Subdivision 1 Preliminary 32 Definitions for div 2 In this division— authorised technique , for ground distribution, means— (a) a stem injection; or (b) cut stump treatment, frill ringing or basal bark treatment carried out no less than 100m of a crop that— (i) is not on a property owned by the person for whom the treatment is carried out; and (ii) is susceptible to damage from the treatment. distribution permit means a distribution permit issued by the board under section 40. permit condition means a condition imposed under section 41. 33 Hazardous areas—Act, s 28(1) (1) For section 28 of the Act, each of the following is declared to be a hazardous area— (a) the area shown on the map in schedule 1A ( hazardous area No. 1 ); (b) the area shown on the map in schedule 1B ( hazardous area No. 2 ); (c) the area shown on the map in schedule 1C ( hazardous area No. 3 ). (2) The exact location of the boundary of each of the hazardous areas is held in digital electronic form by the department. (3) Maps showing the exact location of the boundary of each of the hazardous areas can be accessed, free of charge, on the Current as at 1 July 2013 Page 15

Agricultural Chemicals Distribution Control Regulation 1998 Part 3 Aerial and ground distribution [s 34] department’s website. Editor’s note — The department’s website address is <www.daff.qld.gov.au>. (4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries. Subdivision 2 Distribution conditions 34 Prescribed conditions for distribution This subdivision prescribes, for section 29 of the Act, the conditions for a person to carry out aerial or ground distribution in a hazardous area. Editor’s note — Under section 29 (Carrying out of distributions in hazardous areas) of the Act, a person must not carry out aerial or ground distribution in a hazardous area unless the distribution is carried out under the conditions prescribed by regulation for the area. The maximum penalty for contravention of section 29 is 100 penalty units or 6 months imprisonment. 35 No distribution if damage or injury to crop or stock Aerial or ground distribution must not be carried out in a hazardous area with equipment or under meteorological conditions that might reasonably be expected to cause damage or injury to— (a) a crop that the person did not intend to treat by the distribution; or (b) stock. 36 Smoke generation for aerial distribution Aerial distribution must not be carried out in a hazardous area unless— Page 16 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Part 3 Aerial and ground distribution [s 37] (a) the aircraft used to carry out the distribution has a smoke generating device installed or attached; and (b) the device is used to show air movement immediately before and during the distribution. 37 Conditions for hazardous area No. 1 (1) This section applies to hazardous area No. 1. (2) Aerial distribution of picloram or ester formulations of MCPA or 2,4-D (a chemical ) must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution. (3) Ground distribution of a chemical must not be carried out unless— (a) the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or (b) the distribution is by an authorised technique. 38 Conditions for hazardous area No. 2 (1) This section applies to hazardous area No. 2. (2) Aerial or ground distribution of ester formulations of 2,4-D must not be carried out. (3) Aerial distribution of an ester formulation of picloram must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution. (4) Ground distribution of an ester formulation of picloram must not be carried out unless— (a) the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or (b) the distribution is by an authorised technique. Current as at 1 July 2013 Page 17

Agricultural Chemicals Distribution Control Regulation 1998 Part 3 Aerial and ground distribution [s 38A] 38A Conditions for hazardous area No. 3 (1) This section applies to hazardous area No. 3. (2) Aerial distribution of an ester formulation of 2,4-D must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution. (3) Ground distribution of an ester formulation of 2,4-D must not be carried out unless— (a) the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or (b) the distribution is by an authorised technique. Subdivision 3 Distribution permits 39 Application for a distribution permit (1) A person who holds an aerial distribution contractor licence may apply to the board for a distribution permit for a stated individual to carry out aerial distribution in a stated hazardous area if the individual— (a) is a pilot in command who holds a pilot chemical rating licence; and (b) either— (i) is the applicant; or (ii) will carry out the aerial distribution— (A) in the course of the applicant’s business; or (B) at the direction, or under the authority, of the applicant. (2) A person who holds an aerial distribution contractor licence or ground distribution contractor’s licence may apply to the board for a distribution permit for a stated individual to carry Page 18 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Part 3 Aerial and ground distribution [s 40] out ground distribution in a stated hazardous area if the individual— (a) holds a commercial operator’s licence; and (b) either— (i) is the applicant; or (ii) will carry out the ground distribution— (A) in the course of the applicant’s business; or (B) at the direction, or under the authority, of the applicant. (3) An application must be made— (a) in the approved form; and (b) at least 10 days before the day on which the applicant proposes to start the distribution applied for. (4) The board must grant or refuse the application. (5) If the board does not grant or refuse the application within 3 months of the making of the application, it is taken to have— (a) refused the application; and (b) given the applicant an information notice for the refusal at the end of the 3 months. 40 Issue of distribution permit If the board grants the application, it must issue a distribution permit in the approved form within 14 days. 41 Distribution permit conditions (1) The board may impose reasonable conditions for the issuing of the distribution permit. (2) If the board imposes a permit condition, it must give the applicant an information notice for the decision within 14 days after the imposition of the condition. Current as at 1 July 2013 Page 19

Agricultural Chemicals Distribution Control Regulation 1998 Part 4 Miscellaneous [s 42] 42 Notice of refusal If the board decides to refuse the application, it must give the applicant an information notice within 14 days after the making of the decision. 43 Right of review (1) This section applies if the board— (a) gives the applicant for a distribution permit an information notice for the board’s decision to refuse the application; or (b) decides to grant the application, but to impose a permit condition for the issuing of the distribution permit. (2) The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the decision to refuse the application or impose the permit condition. (3) This section does not apply to a decision that QCAT substitutes for the decision. Part 4 Miscellaneous 44 False or misleading statements or documents (1) A person must not— (a) state anything to the standards officer or board the person knows is false or misleading in a material particular; or (b) give the standards officer or board a document the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. Page 20 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Part 4 Miscellaneous [s 45] (2) Subsection (1)(b) does not apply to a person who, when giving the document— (a) tells the standards officer or board, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably get, the correct information—gives the correct information to the standards officer or board. (3) It is enough for a complaint against a person for an offence against subsection (1) to state the statement made or the document given was false or misleading to the person’s knowledge without stating which. 45 Fees The fees payable under the Act are in schedule 2. Current as at 1 July 2013 Page 21

Agricultural Chemicals Distribution Control Regulation 1998 Schedule 1 Schedule 1 Areas excluded from Act section 3 Page 22 Current as at 1 July 2013

Schedule 1A Agricultural Chemicals Distribution Control Regulation 1998 Schedule 1A Hazardous area No. 1 section 33(1)(a) Current as at 1 July 2013 Page 23

Agricultural Chemicals Distribution Control Regulation 1998 Schedule 1B Schedule 1B Hazardous area No. 2 section 33(1)(b) Page 24 Current as at 1 July 2013

Schedule 1C Agricultural Chemicals Distribution Control Regulation 1998 Schedule 1C Hazardous area No. 3 section 33(1)(c) Current as at 1 July 2013 Page 25

Agricultural Chemicals Distribution Control Regulation 1998 Schedule 2 Schedule 2 Fees section 45 $ 1 Examination fee for commercial operator’s licence or pilot chemical rating licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.80 2 Issue of aerial distribution contractor licence, commercial operator’s licence, ground distribution contractor’s licence or pilot chemical rating licence— (a) for 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.90 (b) for 3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.55 3 Renewal of aerial distribution contractor licence, commercial operator’s licence, ground distribution contractor’s licence or pilot chemical rating licence— (a) for 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.80 (b) for 3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.40 Page 26 Current as at 1 July 2013

Endnotes Agricultural Chemicals Distribution Control Regulation 1998 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Agricultural Chemicals Distribution Control Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Current as at 1 July 2013 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 27

Agricultural Chemicals Distribution Control Regulation 1998 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C 2 Amendments to none 1999 SL No. 184 2000 SL No. 169 2000 SL No. 283 2001 SL No. 177 Effective 15 May 1998 6 August 1999 1 July 2000 10 November 2000 28 September 2001 Reprint date 3 July 1998 6 September 1999 4 July 2000 13 November 2000 2 November 2001 Reprint No. 2A 2B 2C 2D 2E 2F 3 3A 3B 3C 3D 4 4A 4B 4C 4D 4E rv 4F Amendments included 2002 SL No. 351 2003 SL No. 239 2003 SL No. 335 2004 SL No. 231 2005 SL No. 268 2006 SL No. 267 — 2007 SL No. 77 2007 SL No. 232 2008 SL No. 38 2008 SL No. 314 — 2009 SL No. 176 2009 Act No. 24 2010 SL No. 268 2011 SL No. 110 2012 SL No. 92 2012 SL No. 103 Effective 13 December 2002 4 November 2003 14 December 2003 29 November 2004 11 December 2005 4 December 2006 4 December 2006 4 May 2007 29 October 2007 15 March 2008 19 September 2008 19 September 2008 28 August 2009 1 December 2009 1 October 2010 1 July 2011 1 July 2012 20 July 2012 Notes R2F withdrawn, see R3 R3D withdrawn, see R4 Current as at 1 July 2013 Amendments included 2013 SL No. 102 Notes Page 28 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Endnotes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Agricultural Chemicals Distribution Control Regulation 1998 SL No. 135 made by the Governor in Council on 14 May 1998 notfd gaz 15 May 1998 pp 311–16 commenced on date of notification exp 31 August 2013 (see SIA s 56A(2) and SIR s 4 sch 2 pt 2) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Primary Industries Legislation Amendment Regulation (No. 2) 1999 SL No. 184 ss 1, 15 sch notfd gaz 6 August 1999 pp 1983–4 commenced on date of notification Primary Industries Legislation Amendment Regulation (No. 1) 2000 SL No. 169 pts 1–2 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Agricultural Chemicals Distribution Control Amendment Regulation (No. 1) 2000 SL No. 283 notfd gaz 10 November 2000 pp 1016–17 commenced on date of notification Note—A regulatory impact statement and explanatory note were prepared Primary Industries Legislation Amendment Regulation (No. 1) 2001 SL No. 177 pts 1–2 notfd gaz 28 September 2001 pp 328–30 commenced on date of notification Primary Industries Legislation Amendment Regulation (No. 2) 2002 SL No. 351 pts 1–2 notfd gaz 13 December 2002 pp 1266–9 commenced on date of notification Current as at 1 July 2013 Page 29

Agricultural Chemicals Distribution Control Regulation 1998 Endnotes Primary Industries Legislation Amendment Regulation (No. 1) 2003 SL No. 239 pts 1–2 notfd gaz 3 October 2003 pp 382–5 ss 1–2 commenced on date of notification remaining provisions commenced 4 November 2003 (see s 2) Primary Industries Legislation Amendment Regulation (No. 2) 2003 SL No. 335 pts 1–2, s 3 sch notfd gaz 12 December 2003 pp 1203–7 ss 1–2 commenced on date of notification remaining provisions commenced 14 December 2003 (see s 2) Primary Industries Legislation Amendment Regulation (No. 1) 2004 SL No. 231 pts 1–2 notfd gaz 29 October 2004 pp 734–7 ss 1–2 commenced on date of notification remaining provisions commenced 29 November 2004 (see s 2) Primary Industries Legislation Amendment Regulation (No. 1) 2005 SL No. 268 pts 1–2 notfd gaz 11 November 2005 pp 955–7 ss 1–2 commenced on date of notification remaining provisions commenced 11 December 2005 (see s 2) Primary Industries Legislation Amendment Regulation (No. 1) 2006 SL No. 267 pts 1–2 notfd gaz 3 November 2006 pp 1103–4 ss 1–2 commenced on date of notification remaining provisions commenced 4 December 2006 (see s 2) Primary Industries Legislation Amendment Regulation (No. 1) 2007 SL No. 77 pts 1– 2 notfd gaz 4 May 2007 pp 116–17 commenced on date of notification Primary Industries Legislation Amendment Regulation (No. 2) 2007 SL No. 232 ss 1– 2(1), pt 2 notfd gaz 21 September 2007 pp 447–9 ss 1–2 commenced on date of notification remaining provisions commenced 29 October 2007 (see s 2(1)) Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 38 pts 1–2 notfd gaz 29 February 2008 pp 1012–14 ss 1–2 commenced on date of notification remaining provisions commenced 15 March 2008 (see s 2) Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2008 SL No. 314 s 1, pt 2 notfd gaz 19 September 2008 pp 407–9 commenced on date of notification Page 30 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Endnotes Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 5 pt 2 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Primary Industries and Fisheries Legislation Amendment Regulation (No. 2) 2009 SL No. 176 pts 1–2 notfd gaz 28 August 2009 pp 1491–6 commenced on date of notification Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2010 SL No. 268 pts 1–2 notfd gaz 1 October 2010 pp 294–7 commenced on date of notification Employment, Economic Development and Innovation Legislation Amendment Regulation (No. 1) 2011 SL No. 110 pts 1–2 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Agriculture and Fisheries Legislation Amendment Regulation (No. 1) 2012 SL No. 92 pts 1–2 notfd gaz 29 June 2012 pp 704–10 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 1) 2012 SL No. 103 pts 1, 3 notfd gaz 20 July 2012 pp 863–7 commenced on date of notification Agriculture and Fisheries Legislation Amendment Regulation (No. 1) 2013 SL No. 102 pts 1–2 notfd gaz 21 June 2013 pp 503–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) 6 List of annotations Definitions s 2 def authorised technique om 2000 SL No. 283 s 3(1) def distribution permit om 2000 SL No. 283 s 3(1) def hazardous area No. 1 sub 2000 SL No. 283 s 3(1)–(2) amd 2009 SL No. 176 s 3(1) def hazardous area No. 2 sub 2000 SL No. 283 s 3(1)–(2) amd 2009 SL No. 176 s 3(2) def hazardous area No. 3 ins 2000 SL No. 283 s 3(2) Current as at 1 July 2013 Page 31

Agricultural Chemicals Distribution Control Regulation 1998 Endnotes amd 2009 SL No. 176 s 3(3) def permit condition om 2000 SL No. 283 s 3(1) Parts of State excluded—Act, s 3 s 3 amd 2008 SL No. 38 s 4 Exclusion from definition ground equipment s 4 amd 2007 SL No. 77 s 2 Form of licence s 5 amd 2003 SL No. 335 s 4 Commercial operator’s licence—relevant pest management qualification for pest management technician—Act, s 16A s 8A ins 2003 SL No. 335 s 5 amd 2012 SL No. 103 s 22 Cancellation of result and re-examination s 12 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 301 Board may approve s 13 amd 2003 SL No. 335 s 3 sch When board may refuse prov hdg amd 2003 SL No. 335 s 3 sch s 14 amd 2003 SL No. 335 ss 3 sch, 6 Notice of refusal s 15 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 302 Notice of suspension by standards officer s 16 amd 2009 Act No. 24 s 303 Right of review s 17 sub 2009 Act No. 24 s 304 Substituted decision on review s 18 sub 2009 Act No. 24 s 305 Surrender of licence suspended by standards officer prov hdg amd 2003 SL No. 335 s 7(1) s 19 amd 2003 SL No. 335 s 7(2)–(4); 2009 Act No. 24 s 306 Surrender of licence suspended or cancelled by chief executive s 19A ins 2003 SL No. 335 s 8 amd 2009 Act No. 24 s 307 Division 6—Amendment of aerial distribution contractor licences pt 2 div 6 (ss 20–23) om 2003 SL No. 335 s 9 Prescribed security for ground distribution—Act, s 25(3)(b) s 25 om 2003 SL No. 335 s 10 Aerial and ground equipment that may be used s 26 om 2003 SL No. 335 s 10 Page 32 Current as at 1 July 2013

Agricultural Chemicals Distribution Control Regulation 1998 Endnotes Prescribed matters for register—Act, s 24(1) prov hdg amd 2003 SL No. 335 s 11(1) s 31 amd 2003 SL No. 335 s 11(2)–(5) Definitions for div 2 s 32 def distribution permit amd 2003 SL No. 335 s 3 sch def hazardous area No. 1 om 2000 SL No. 283 s 4 def hazardous area No. 2 om 2000 SL No. 283 s 4 Hazardous areas—Act, s 28(1) s 33 amd 2000 SL No. 283 s 5 sub 2008 SL No. 38 s 5 Smoke generation for aerial distribution s 36 amd 2003 SL No. 335 s 12 Conditions for hazardous area No. 1 s 37 amd 2000 SL No. 283 s 6 Conditions for hazardous area No. 2 s 38 amd 2000 SL No. 283 s 7 Conditions for hazardous area No. 3 s 38A ins 2000 SL No. 283 s 8 Application for a distribution permit s 39 amd 2003 SL No. 335 ss 3 sch, 13; 2009 Act No. 24 s 308 Issue of distribution permit s 40 amd 2003 SL No. 335 s 3 sch Distribution permit conditions s 41 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 309 Notice of refusal s 42 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 310 Right of review prov hdg amd 2009 Act No. 24 s 311(1) s 43 amd 2003 SL No. 335 s 3 sch; 2009 Act No. 24 s 311(2)–(6) False or misleading statements or documents s 44 amd 2003 SL No. 335 s 14 Fees s 45 amd 1999 SL No. 184 s 15 sch PART 5—REPEAL pt 5 (ss 46–47) exp 16 May 1998 (see s 47) SCHEDULE 1—AREAS EXCLUDED FROM ACT sub 2000 SL No. 283 s 9; 2008 SL No. 38 s 6 SCHEDULE 1A—HAZARDOUS AREA No. 1 ins 2008 SL No. 38 s 6 Current as at 1 July 2013 Page 33

Agricultural Chemicals Distribution Control Regulation 1998 Endnotes SCHEDULE 1B—HAZARDOUS AREA No. 2 ins 2008 SL No. 38 s 6 SCHEDULE 1C—HAZARDOUS AREA No. 3 ins 2008 SL No. 38 s 6 SCHEDULE 2—FEES sub 2000 SL No. 169 s 4; 2001 SL No. 177 s 3; 2002 SL No. 351 s 3; 2003 SL No. 239 s 4; 2003 SL No. 335 s 15; 2004 SL No. 231 s 4; 2005 SL No. 268 s 4; 2006 SL No. 267 s 4; 2007 SL No. 232 s 4; 2008 SL No. 314 s 4; 2009 SL No. 176 s 4; 2010 SL No. 268 s 3; 2011 SL No. 110 s 4; 2012 SL No. 92 s 4; 2013 SL No. 102 s 4 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 34 Current as at 1 July 2013