Regulating pesticides in NSW
The EPA, Commonwealth and NSW government agencies and other stakeholder organisations all play a role in managing pesticides in NSW to ensure they do not damage the environment or harm human health.
A pesticide is any substance or mixture of substances used to destroy, suppress or alter the life cycle of any pest.
In NSW, the EPA is responsible for regulating the use of pesticides under the Pesticides Act 1999 and Pesticides Regulation 2017 and other legislation depending on the pesticide’s intended use.
The EPA acknowledges pesticide use across NSW is a concern for some in the community. As the state’s independent regulator we conduct regular compliance and education campaigns to ensure safe and legal practices are followed.
We regulate to ensure people use pesticides competently and safely to prevent unsafe exposure. We do this to minimise risks, drive best practice and protect people, the environment, property and trade.
For further information on how we regulate pesticides see our Pesticides outcomes approach.
The EPA:
- enforces Australian Pesticides and Veterinary Medicines Authority (APVMA) label conditions
- sets licensing requirements for various types of pesticide work and mandatory authorisation requirements for restricted chemicals
- allows for permits to regulate off-label pesticide use
- makes pesticide control orders to set additional conditions of use for restricted chemicals and high-risk pesticide uses
- determines offences and appropriate penalties
- provides tools for responding to excess residues in produce.
Some pesticides, because of their flammability, combustibility or toxicity, are classified as dangerous goods. When they are transported on public roads, the EPA regulates them under the Dangerous Goods (Road and Rail Transport) Act 2008.
Pesticide pollution and waste may be regulated under the Protection of the Environment Operations Act 1997 (POEO Act). For example, fish kills caused by pesticide residues in waterways are generally investigated under the POEO Act.
Pesticide products sold in Australia must be approved and registered by the Australian Pesticides and Veterinary Medicines Authority (APVMA).
Before registering a product, the APVMA assesses the pesticide’s:
- potential impacts on the environment, human health and trade
- likely effectiveness for its proposed uses
If a pesticide contains an active constituent not previously used in Australia, the APVMA must seek public comment before registering it.
Only registered pesticides can be used in NSW, unless the APVMA grants approval for use under a permit. Registration includes approval of label directions, which specify:
- how, and under what circumstances, the pesticide may be used
- clean-up, storage and disposal requirements
- measures needed for personal and environmental safety.
After registration, the APVMA regulates pesticides up to and including the point of retail sale. After sale, pesticides in NSW are regulated by the EPA.
The APVMA also conducts chemical reviews of the registration of existing pesticides to determine whether:
- changes are necessary to the registration
- the registration should be withdrawn.
Public submissions are considered during the review.
Find out more about the APVMA’s role and responsibilities.
Under the Work Health and Safety Act 2011 (WHS Act), SafeWork NSW seeks to protect workers in the workplace. Regulations under the WHS Act control hazardous substances including most pesticides.
The Work Health and Safety Regulation 2011 (WHS Regulation) covers:
- identifying hazardous substances in the workplace
- assessing and controlling risks associated with using these substances.
SafeWork NSW has developed codes of practice to help industries achieve the health, safety and welfare standards required by the WHS Act and Regulation.
SafeWork NSW regulates the classification, packaging, labelling, use and storage of dangerous goods and the transport of dangerous goods on private roads.
NSW Health has a range of responsibilities in relation to pesticides. These include:
- providing advice and assessing health-related pesticide incidents
- policy development, through the Environmental Health Branch
- collaboration with the Australian Centre for Agricultural Health and Safety
- testing for pesticide contamination in drinking water samples, in accordance with the Australian Drinking Water Guidelines, at NSW health laboratories
- ensuring pesticides for domestic use are labelled and packaged according to the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP), through the Pharmaceutical Services Unit.
Under the NSW Food Act 2003, the NSW Food Authority:
- undertakes chemical residue testing of NSW fruit and vegetables sold at retail retail to confirm they meet food safety standards
- is an active participant in the Australian Total Diet Study surveys coordinated by Food Standards Australia New Zealand, which includes monitoring for pesticides.
The NSW Department of Primary Industries and Regional Development (DPIRD) regulates veterinary chemicals under the Stock Medicines Act 1989.
DPIRD also:
- administers the Local Land Services Act 2013, the Biosecurity Act 2015 and Biosecurity Regulation 2017.
- provides training and advice, including information on integrated pest management systems to minimise the use of pesticides
- oversees the use of poisons for the control of feral pest animals
- publishes educational material on a range of agricultural topics including the use of farm chemicals.
For more information, see Farming and production horticulture.
Local Land Services (formerly Livestock Health and Pest Authorities) responsibilities include:
- advice on control of pest animals
- supply and distribution of pesticide baits
- pest control training courses
- coordinating regional control programs
- developing pest management plans
The detection and control of plague locusts is coordinated nationally by the Australian Plague Locust Commission.
Local councils have planning, regulatory, management, research and monitoring roles.
Local councils and some county councils are responsible for local noxious weed control.
Agsafe
The agricultural and veterinary chemicals industry program, Agsafe, accredits agricultural and veterinary chemical supply premises and staff, and may impose sanctions where accreditation obligations are not met. Commercial resellers of agricultural and veterinary chemicals must have Agsafe-trained staff who are bound by an industry code of conduct to provide responsible and professional advice.
Agsafe also coordinates DrumMuster, a program managing waste farm-chemical containers, and ChemClear, a program for disposing of unwanted chemicals.
Other groups
Many other industry groups, chemical suppliers, and community and environment organisations have expertise in pesticide matters.