Pesticide control orders
What are pesticide control orders?
Pesticide control orders are orders that are issued under Section 38 of the Pesticides Act 1999. They are made for any purpose relating to the protection of public health, property, the environment or trade or to implement a decision or policy of the Australian Pesticides & Veterinary Medicines Authority (APVMA) in relation to use of a pesticide or a class of pesticide.
How do these orders operate?
A pesticide control order may:
- prohibit or control the use of a pesticide or a class of pesticide
- authorise the use or possession of a restricted pesticide.
What is a restricted pesticide?
A restricted pesticide is a pesticide that may:
- have a harmful effect to humans
- have an unintended effect that is harmful to any animal, plant or to the environment
- require special knowledge, skill or qualifications in their preparation or handling
- require special equipment to use the product safely.
The APVMA determines which pesticides meet any of the above criteria and in turn determine what special controls should be placed on the supply and use of such pesticides.
Restricted pesticides upon their declaration, are listed in Schedule 4 of the Agricultural and Veterinary Chemicals Code Regulations 1995.
Why does the EPA issue pesticide control orders?
The Pesticides Act 1999 requires a person who uses a restricted pesticide to be authorised to do so by way of either a pesticide control order or a certificate of competency. The EPA generally issues pesticide control orders to allow the possession and use of restricted pesticides in NSW.
Pesticide control orders are primarily issued to implement an APVMA policy, that is, to implement outcomes of a pesticide review. These orders also need to specify authorised users and the manner in which a pesticide can be used in NSW.
Each pesticide control order is published in the NSW Government Gazette and commences on the date specified in the order. An advertisement can also be placed in certain newspapers so that a wide array of persons are made aware that the EPA has made these orders. Details of availability of the pesticide control order are provided in the advertisement.
The majority of pesticide control orders in force in NSW relate to use of restricted pesticides. One order (Air-1) sets rules for aerially applying pesticides within 150 metres of a dwelling, school, factory or public place. Another order (bromadiolone) relates to control of mouse plagues by perimeter baiting of crops.
Each order is a PDF file for which you will require Acrobat Reader. They are:
- 1080 used in Livestock Protection Collars - (PDF 39KB)
- 1080 Bait Products - (PDF 667KB)
The 1080 pesticide control order
The Pesticide Control (1080 Liquid Concentrate and Bait Products) Order 2010 (PDF 257KB) commenced on 6 August 2010 a new pesticide control order. 1080 is a restricted pesticide and can only be used by those people who are authorised to use it. This pesticide control order sets out who can use 1080 baits to control specific pest animals.
If you plan to use 1080 you must read this pesticide control order and the relevant schedule for the pest animal you need to control.
Some conditions were introduced to achieve better environmental outcomes. The changes followed an EPA review of 1080 bait use in NSW and take into account the findings of the APVMA's review of 1080 products.
A 1080 and pindone training course has been developed for those persons that need to use these pesticides. Contact your local Local Land Services office for further details.
Note: The 1080 and pindone course only allows persons to use 1080 and pindone. Persons who use other pesticides are still required to meet the general training requirements under the Pesticides Regulation 2009.
Where can I find out more about 1080?
For more information about the new 1080 pesticide control order see the 1080 Fact sheet.
More information about pesticide control orders can be obtained by calling Environment Line on 131 555 (cost of a local call).
Copper chrome arsenate (CCA)
The APVMA released the final review report on the findings and regulatory outcomes of arsenic timber treatments (copper chrome arsenate (CCA) and arsenic trioxide) in March 2005. The APVMA recommendations included:
- CCA timber treatment products will be prohibited for future use on timber intended for use in children's play equipment, picnic tables, decking and handrails.
- Supply of CCA timber treatment products will be restricted to appropriately trained users.
- Timber treatment facilities must be designed and operated to meet Australian Standards for timber treatment.
- CCA product labels will provide more detailed instructions for timber treatment operations, waste management and disposal and protection of the environment.
A copy of the report and frequently asked questions and answers about CCA are available on the APVMA website.
Health information about CCA and treated timber is also available from NSW Health.
The EPA licenses facilities in the wood preservation industry under the Protection of the Environment Operations Act 1997.The EPA has audited these facilities and continues to encourage the industry to make further environmental improvements by implementing best environmental management practices.
What happens if I do not comply with a pesticide control order?
The EPA regulates the use of pesticides in NSW. Strict penalties may apply if you do not comply with a pesticide control order. Under the Pesticides Act 1999, the maximum penalty that a court can impose for failing to comply with a pesticide control order is $60,000 for an individual and $120,000 for a corporation.
Page last updated: 10 February 2017