Queensland Consolidated Acts

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AGRICULTURAL CHEMICALS DISTRIBUTION CONTROL ACT 1966 - SCHEDULE --

DICTIONARY

aerial distribution means the spraying, spreading or dispersing whether intended or not of any agricultural chemical or any preparation containing any agricultural chemical from an aircraft in flight.

aerial distribution contractor means any person who carries on the business of aerial distribution or at whose direction or upon whose authority, an aircraft is used to carry out aerial distribution.

aerial equipment means, where used in relation to an aircraft, the equipment installed or attached or partly installed or partly attached to that aircraft and which is the means or the intended means by which the spraying, spreading or dispersing of any agricultural chemical or any preparation containing any agricultural chemical is or shall be undertaken from that aircraft when in flight.

agricultural chemical means—

(a) an agricultural chemical product; or
(b) another material prescribed by regulation to be an agricultural chemical.

agricultural chemical product see the Agvet Code, section 3.

Agvet Code means the provisions applying because of section 5 of the Agricultural and Veterinary Chemicals (Queensland) Act 1994.

aircraft means any machine that can derive support in the atmosphere from the reactions of the air.

analysis means analysis or examination or analysis and examination, including any test or determination relative to composition or physical property of an agricultural chemical or to detection, identification and determination of the residue of agricultural chemicals.

analyst means an analyst appointed under this Act.

approved form means a form approved by the chief executive.

APVMA see the Agvet Code, section 3.

board means the Agricultural Chemicals Distribution Control Board.

chairperson means chairperson of the board.

chemical product see the Agvet Code, section 3.

Civil Aviation Orders means orders in force under the Civil Aviation Act 1988 (Cwlth).

Civil Aviation Regulations means the regulations in force under the Civil Aviation Act 1988 (Cwlth).

crop includes standing cultivated plants, trees or pastures, and also includes any vegetable growth prescribed to be a crop for the purposes of this Act.

decision maker means—

(a) for a decision made by the board—the board; or
(b) for a decision made by the chief executive—the chief executive.

deputy chairperson means deputy chairperson of the board.

deputy standards officer means a deputy standards officer appointed under the Chemical Usage (Agricultural and Veterinary) Control Act 1988.

distinguishing number, for a chemical product, means a number, together with 1 or more letters or symbols, given to the product on its registration by the APVMA.

distribution contractor means an aerial distribution contractor or ground distribution contractor.

executive officer of a corporation means a person who is—

(a) a member of the governing body of the corporation; or
(b) concerned with, or takes part in, the corporation's management;

whatever the person's position is called and whether or not the person is a director of the corporation.

ground distribution means the spraying, spreading or dispersing of any herbicides or any preparation containing any herbicide from ground equipment.

ground distribution contractor means a person who carries on the business of ground distribution or at whose direction or on whose authority, ground equipment is used to carry out ground distribution.

ground equipment means any machine or apparatus of any kind whatsoever other than an aircraft in flight used or intended to be used or capable of being used for the distribution of any herbicide, and includes any machine or apparatus prescribed to be ground equipment for the purposes of this Act, but does not include any machine or apparatus prescribed not to be ground equipment for the purposes of this Act.

hazardous area means an area declared under the regulations to be a hazardous area.

herbicide means—

(a) a material used, or intended for use, for destroying, or preventing the spread of, plants; or
(b) another material prescribed by regulation to be a herbicide;

but does not include a material used, or intended for use, for destroying, or preventing the spread of, plants if the material is declared by regulation to be a material to which this Act does not apply.

information notice means a notice complying with the QCAT Act, section 157(2).

inspector means an inspector appointed under this Act, and includes the standards officer and a deputy standards officer.

licence means any licence issued under this Act and in force at any material time.

licensed commercial operator means a person who holds a commercial operator's licence issued under this Act and in force at any material time.

licensee means any person holding a licence issued under this Act.

material means any article, material, or substance, natural or prepared, including any mixture or compound or derivative of a material, and includes any agricultural chemical or portion thereof and any material used or intended as an agricultural chemical or which enters into or is used in the composition or preparation of any agricultural chemical or any such material.

member means a member of the board.

obstruct includes hinder, resist and attempt to obstruct.

occupier means the person in actual occupation of any land or if there is no person in actual occupation the person entitled to possession of the land.

officer means—

(a) the standards officer or a deputy standards officer; or
(b) an inspector; or
(c) an analyst; or
(d) another officer appointed under this Act; or
(e) a member of the board.

owner means—

(a) for aircraft or ground equipment subject to a security interest under the Personal Property Securities Act 2009 (Cwlth)—
(i) the person who holds the security interest; or
(ii) the personal representative of the person mentioned in subparagraph (i); or
(iii) if the person mentioned in subparagraph (i) is a corporation—a transferee of, or successor to, the corporation's interest; or
(b) for aircraft or equipment subject to a lease—the lessee; or
(c) for land—the person (other than the State) who—
(i) is entitled to receive rent for the land; or
(ii) would be entitled to receive rent for the land if it were leased at a rack-rent;

and, for land, includes a lessee or sublessee of land held from the State and the holder of a licence or permission to occupy from the State.

pest management qualification see the Pest Management Act 2001, schedule 3.

pest management technician see the Pest Management Act 2001, schedule 3.

pilot chemical rating licence means a pilot chemical rating licence issued under this Act.

pilot in command means the pilot responsible for the operation and safety of an aircraft from the moment at which the aircraft moves under its own power for the purpose of taking off until the moment at which it comes to rest after being airborne.

relative means any of the following—

(a) spouse;
(b) son or daughter;
(c) father;
(d) mother;
(e) brother or sister;
(f) grandparent;
(g) grandchild.

representative, of a person, means—

(a) if the person is a corporation—an executive officer, employee or agent of the corporation; or
(b) if the person is an individual—an employee or agent of the individual.

standards officer means the standards officer appointed under the Chemical Usage (Agricultural and Veterinary) Control Act 1988.

stock means any horse, mule, ass, cattle, camel, buffalo, deer, sheep, goat, pig, dog, cat, domestic fowl, turkey, duck, goose, rabbit, pigeon, bee and any other animal or bird in captivity.



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