18/Jun/2004 - Current (at 31 Dec 2005)
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    19. Regulations

    (1) The Governor may make regulations prescribing forms, fees and other matters and things that by this Act, are contemplated, required or permitted to be prescribed or appear to him to be necessary or convenient for the purpose of effectually carrying out the provisions of this Act, or for better giving effect to the operation, objects, and purposes of this Act and in particular, regulations may be made by the Governor under this section, making provision for or with respect to

    (a) the prohibition or regulation or both of aerial spraying over hazardous areas and the issuing of permits to carry out aerial spraying over hazardous areas;

    (b) the prohibition or regulation of the flying of aircraft carrying agricultural chemicals over hazardous areas;

    (c) the regulation of the cleansing of aircraft that have carried agricultural chemicals;

    (d) the prohibition of aerial spraying in conditions that are likely to result in the spray drifting;

    (e) the prohibition or regulation of the use in aerial spraying of agricultural chemicals, either generally or with reference to particular agricultural chemicals or groups of those chemicals, whether absolutely or in prescribed areas, or during prescribed periods of the year in prescribed areas;

    (f) the regulation of the droplet size in aerial spraying whether generally or in prescribed areas or in prescribed weather conditions;

    (g) the keeping by the pilot in command of an aircraft carrying out aerial spraying, or the person in charge of the spraying, of proper records (in addition to any record required to be kept under section 12) of such matters relating to the aerial spraying as are prescribed, for the inspection of those records by such persons as are prescribed, and prescribing the period for which those records shall be kept;

    (h) compelling the production in any proceedings of those records;

    (i) regulating the mode of aerial spraying and the appliances to be used in connection therewith;

    (j) the qualifications required to hold a certificate, the terms and conditions upon which a certificate may be obtained and the conditions to be observed by the holder of a certificate;

    (k) the period for which a certificate is current, the renewal, variation, suspension and cancellation of certificates by the Director and the grounds upon which certificates may be so varied, suspended or cancelled;

    (l) the fees to be paid in respect of the grant of a certificate or a permit or an application for a certificate or a permit or any other document or the undergoing of any examination or test required by the regulations and in respect of which it appears to the Governor to be expedient for the purposes of the regulations to charge fees; and

    (m) the imposition of penalties not exceeding $2 000 for a contravention of or failure to comply with any provision of the regulations or any order, direction or instruction given or made under, or in force by virtue of, the regulations.

    (2) The regulations may prescribe that any act or thing shall be in accordance with a specified standard or with the approval or satisfaction of a specified person or class of persons.

    (3) Regulations shall not be regarded as invalid on the ground that they delegate to or confer on any person or class of persons a discretionary authority.

    (4) The regulations may confer on the Director power to impose any conditions on a certificate in addition to those prescribed and to cancel or vary any conditions of a certificate, power to issue, in such manner as may be prescribed, instructions, orders or requirements for the purpose of ensuring that aerial spraying is carried out in accordance with this Act and, where the regulations so provide, any such instruction, order or requirement shall be complied with by all persons affected thereby.

    [Section 19 amended by No. 20 of 1989 s. 3; No. 50 of 2003 s. 36(3).]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.