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, or
- 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 DECC 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. DECC 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 is also placed in certain newspapers so that a wide array of persons are made aware that DECC 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:
- Air-1 - 1987Air-1.pdf (9kb)
- Endosulfan - 2000endosulfan.pdf (16kb)
- Preconstruction use of chlorpyrifos and bifenthrin - 2000termiticide.pdf (14kb)
- Bromadiolone - 2000bromadiolone.pdf (11kb)
- Pindone concentrate - 2002pindone.pdf (15kb)
- Mevinphos (phosdrin) - 2003mev.pdf (29kb)
- Rabbit Haemorrhagic Disease - PCORHDV2006.pdf (15kb)
- 1080 used in M-44 Ejectors - 2006ejector1080.pdf (56kb)
- 1080 used in Livestock Protection Collars - 2007LPC1080.pdf (39kb)
- 1080 Liquid Concentrate and Bait Products - 2008lcbait1080.pdf (181kb)
New 1080 pesticide control order
On 10 October 2008 a new pesticide control order - Pesticide Control (1080 Liquid Concentrate and Bait Products) Order 2008 commenced. Download 2008lcbait1080.pdf (181kb).
You now only need to refer to a single 1080 pesticide control order when using 1080 on your property.
1080 is a restricted pesticide. 1080 can only be used by those people who are authorised to use it. This new 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 new conditions have been introduced to achieve better environmental outcomes. The changes follow a DECC review of 1080 bait use in NSW and take into account the findings of the APVMA's review of 1080 products.
Where can I find out more?
For more information about the new 1080 pesticide control order see:
More information about pesticide control orders can be obtained by calling DECC's Environment Line on 131 555 (cost of a local call).
What happens if I do not comply with a pesticide control order?
DECC 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: 06 March 2009
