Purpose:

This Act controls the distribution of agricultural chemicals from aircraft and from ground equipment.

Objectives:

• To control the distribution of agricultural chemicals from aircraft.
• To control the distribution of agricultural chemicals from ground equipment.

Key Provisions:

• Establishment of the role of chief executive, inspectors, and analysts for administration and enforcement.
• Requirement for a pilot chemical rating licence for individuals piloting manned or unmanned aircraft for aerial distribution.
• Requirement for an aerial distribution contractor licence for persons carrying on the business of aerial distribution or authorising the use of aircraft for such.
• Requirement for commercial operators’ licences for individuals carrying out or supervising ground distribution.
• Provision for a ground distribution contractor licence for persons carrying on the business of ground distribution or authorising the use of ground equipment for such.
• Regulation of licence application, issuance, renewal, suspension, and cancellation processes, including grounds for action and review rights.
• Requirement for distribution contractors to keep detailed records of agricultural chemical distributions.
• Provisions for declaring hazardous areas and prescribing conditions for chemical distribution within them.
• Granting powers to inspectors for entry, search, inspection, examination, questioning, and taking samples related to chemical distribution.
• Regulation of faulty or defective equipment used for chemical distribution.
• Prohibition of aerial or ground distribution without appropriate licences or supervision by licensed persons.
• Establishment of offences and penalties for non-compliance, including for executive officers of corporations.
• Provision for the chief executive to approve forms and the Governor in Council to make regulations.

Evidence of Compliance Requirements For Agricultural Organisations:

• Pilot Chemical Rating Licence (s. 12, 17, 17A, 19, 19B, 21):
  • Application to the chief executive in the approved form, accompanied by the prescribed fee (s. 17(1)).
  • Evidence of holding a civil aviation authorisation for piloting manned aircraft or controlling an unmanned aircraft (UAV) in relevant circumstances for aerial distribution (s. 12(2)(a), (b), (3), (4)).
  • Evidence of holding the qualification prescribed by regulation (s. 12(2)©).
  • The applicant must be at least 17 years of age (s. 17(5)).
  • Licensee must hold the required civil aviation authorisation throughout the licence term (s. 17A(1)(a)).
  • Licensee must comply with any reasonable conditions imposed by the chief executive for the proper control of aerial distribution (s. 17A(1)(b), 17C(1)).
  • To renew, application must be made to the chief executive within 60 days before the licence expires, in the approved form, with the prescribed fee (s. 19(1), (3)).
  • Licensee must give written notice of a change in name, address, or other prescribed circumstances to the chief executive within 21 days after the change (s. 19B(2)).
  • Licence is subject to suspension or cancellation if licensee commits an offence against the Act or Medicines and Poisons Act 2019 (s. 21(a)), acts in a way that would not entitle them to apply for the licence (s. 21(b)), licence issued due to false information (s. 21©), licensee is no longer an appropriate person (s. 21(d)), or contravenes a licence condition (s. 21(e)).
• Aerial Distribution Contractor Licence (s. 15, 17, 17B, 19, 19B, 21):
  • Application to the chief executive in the approved form, accompanied by the prescribed fee (s. 17(1)).
  • Evidence of holding a civil aviation authorisation (AOC) for operating manned aircraft in Australian territory for commercial distribution of agricultural chemicals (s. 15(2)(a), (3)).
  • Evidence of holding a civil aviation authorisation for operating UAVs for hire or reward in relevant circumstances for aerial distribution (s. 15(2)(b), (4)).
  • Licensee must hold the required civil aviation authorisation throughout the licence term (s. 17B(1)(a)).
  • Licensee must comply with any reasonable conditions imposed by the chief executive for the proper control of aerial distribution (s. 17B(1)(b), 17C(1)).
  • To renew, application must be made to the chief executive within 60 days before the licence expires, in the approved form, with the prescribed fee (s. 19(1), (3)).
  • Licensee must give written notice of a change in name, address, or other prescribed circumstances to the chief executive within 21 days after the change (s. 19B(2)).
  • Licence is subject to suspension or cancellation if licensee commits an offence against the Act or Medicines and Poisons Act 2019 (s. 21(a)), acts in a way that would not entitle them to apply for the licence (s. 21(b)), licence issued due to false information (s. 21©), licensee is no longer an appropriate person (s. 21(d)), contravenes a licence condition (s. 21(e)), or fails to comply with a request for distribution records (s. 21(f)).
• Commercial Operators’ Licence (s. 16, 17, 19, 19B, 21):
  • Application to the chief executive in the approved form, accompanied by the prescribed fee (s. 17(1)).
  • The applicant must possess the qualifications prescribed for the particular class of commercial operator’s licence (s. 16(2)).
  • The applicant must be at least 17 years of age (s. 17(5)).
  • To renew, application must be made to the chief executive within 60 days before the licence expires, in the approved form, with the prescribed fee (s. 19(1), (3)).
  • Licensee must give written notice of a change in name, address, or other prescribed circumstances to the chief executive within 21 days after the change (s. 19B(2)).
  • Licence is subject to suspension or cancellation if licensee commits an offence against the Act or Medicines and Poisons Act 2019 (s. 21(a)), acts in a way that would not entitle them to apply for the licence (s. 21(b)), licence issued due to false information (s. 21©), licensee is no longer an appropriate person (s. 21(d)), or contravenes a licence condition (s. 21(e)).
• Ground Distribution Contractor Licence (s. 16B, 17, 19, 19B, 21):
  • Application to the chief executive in the approved form, accompanied by the prescribed fee (s. 17(1)).
  • To renew, application must be made to the chief executive within 60 days before the licence expires, in the approved form, with the prescribed fee (s. 19(1), (3)).
  • Licensee must give written notice of a change in name, address, or other prescribed circumstances to the chief executive within 21 days after the change (s. 19B(2)).
  • Licence is subject to suspension or cancellation if licensee commits an offence against the Act or Medicines and Poisons Act 2019 (s. 21(a)), acts in a way that would not entitle them to apply for the licence (s. 21(b)), licence issued due to false information (s. 21©), licensee is no longer an appropriate person (s. 21(d)), contravenes a licence condition (s. 21(e)), or fails to comply with a request for distribution records (s. 21(f)).
• Record-Keeping Requirements (s. 26):
  • A distribution contractor must make a record of specific particulars for each distribution:
    • Name of the pilot in command and aircraft registration mark (for aerial distribution).
    • Name of the licensed commercial operator carrying out or supervising ground distribution.
    • Name and address of the person(s) for whom distribution is carried out.
    • For each agricultural chemical: particulars to identify the chemical (e.g., name, manufacturer, active constituent name and amount) and its distinguishing number if applicable.
    • Description of any diluent, wetter, spreader, emulsifier, or other material added to the chemical.
    • Description or exact location of the treated land, including distances and directions from the nearest town site for ready identification.
    • Date and time of distribution.
    • Estimated wind velocity and direction at the time and place of distribution, and any change with its time.
    • Quantity, concentration, and total volume of the chemical applied.
    • Total area covered by distribution.
    • Type of crop treated.
    • Purpose(s) for which distribution was carried out.
    • Any other particulars prescribed by regulation.
  • Records must be kept, or caused to be kept, for a period of 2 years after such distribution (s. 26(1)).
• Reporting Requirements (s. 26, 27):
  • A copy of the record kept under s. 26(1) must be furnished to the standards officer at their written request, within the period and in the manner specified in the request (s. 26(2)).
  • Records must be immediately produced for inspection by an inspector upon request within the 2-year retention period, unless there is a reasonable excuse (s. 27(3)).
• Inspection and Audit Requirements (s. 7C, 34, 40):
  • Inspectors may exercise powers under the Act only if they first produce their identity card for inspection or display it clearly visible (s. 7C(1)).
  • Inspectors may enter any place where they reasonably believe equipment for chemical distribution is or will be used, or where distribution is or will be carried out (s. 34(1)(a)).
  • Inspectors may search for, inspect, and examine crops, materials, or equipment (s. 34(1)(b), ©).
  • Inspectors may open packages or containers believed to contain agricultural chemicals (s. 34(1)(ca)).
  • Inspectors may select, take, and remove samples of crops, material, or suspected agricultural chemicals for analysis (s. 34(1)(cb)).
  • Inspectors may ask for assistance during searches, inspections, examinations, opening, selection, taking, or removal of items (s. 34(1)(d)).
  • Inspectors may question any person regarding matters under the Act and require them to answer and sign a declaration of truth (s. 34(1)(e)).
  • Obstructing an inspector, failing to answer questions truthfully, preventing questioning, or failing to assist an inspector when reasonably required are offences (s. 40).
• Equipment Requirements (s. 36):
  • If equipment is believed to be faulty, defective, or likely to cause loss/damage, an inspector may issue a written notice requiring the owner or contractor to:
    • Stop using the equipment immediately or by a stated date, until repaired/altered as stated (s. 36(2)(a)).
    • Repair or alter the equipment in the way and within the time stated (s. 36(2)(b)).
    • Refrain from selling, hiring, disposing of, or parting with possession of the equipment until requirements are satisfied (s. 36(2)©).
  • The person must comply with all requirements of such a notice (s. 36(3)).
  • Oral notice may be given but must be followed by written notice as soon as practicable (s. 36(4)).

Metadata Keywords:

Agricultural chemicals, distribution control, Queensland, licensing, aerial application, ground application, inspectors, compliance, records, hazardous areas.

Publication Information:

Current as at 26 April 2024

Agricultural Industry Alignment:

Horticulture, Coarse Grains, Wheat, Cotton, Sugar, Wine, Forestry, Beef & Veal, Sheep Meat, Dairy (implied by “stock” and “pastures”), Chicken, Pig, Eggs (implied by “stock” and general agricultural context), Fisheries (implied by “stock” and “mosquito control”).

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.qld.gov.au/view/whole/pdf/inforce/current/act-1966-027 →