18/Jun/2004 - Current (at 31 Dec 2005)
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    9. Hazardous areas

    (1) Where the Minister is of opinion that any area in the State should be declared a hazardous area for the purposes of this Act, he may, by notice published in the Gazette and in a newspaper circulating generally throughout the State, declare the area specified in the notice, to be a hazardous area for the purposes of this Act, either without limitation as to time or for such period as is specified in the notice.

    (2) The Minister may by subsequent notice so published amend or cancel any notice published under subsection (1).

    (3) The Minister may declare in a notice under subsection (1) that, while the area to which the notice relates remains a hazardous area a person

    (a) shall not carry out or cause or permit to be carried out any aerial spraying either generally or with reference to particular agricultural chemicals or groups of those chemicals in or over that area; or

    (b) shall not carry out or cause or permit to be carried out any aerial spraying either generally or with reference to particular agricultural chemicals or groups of those chemicals in or over that area except during such times of the year as are prescribed in the notice and in accordance with the conditions specified therein and the regulations.

    (4) A person who carries out or causes or permits to be carried out any aerial spraying contrary to the provisions of

    (a) a notice published under this section; or

    (b) the regulations,

    is guilty of an offence against this Act.

    Penalty: $2 000.

    (5) Where an offence against this section is committed by a pilot of an aircraft, the Director may without prejudice to any other penalty to which the pilot may be liable under this section, cancel any certificate of which the pilot is the holder and any permit issued to him under the regulations.

    [Section 9 amended by No. 16 of 1978 s. 4; No. 20 of 1989 s. 3; No. 50 of 2003 s. 36(2).]



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.