PEST MANAGEMENT ACT 2001

Queensland Consolidated Acts

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PEST MANAGEMENT ACT 2001

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement
3. Act binds all persons
4. Main object of Act
5. Definitions
5A. Meaning of fumigant

Division 2--Application

6. Definitions for div 2
7. Non-application of Act
8. Whether pest control activity is used in primary production
9. Pest control activities using household pesticides

Division 3--Exemptions

10. Limited exemptions under regulation

Part 2--Licences

Division 1--Licences generally

11. Licence is required to carry out pest management activity
12. Restriction on application for licence
13. Transfer of licence prohibited

Division 2--Suitability to hold licences

14. Suitability of person to hold licence
15. Requirement to undergo health assessment
16. Applicant failing to undergo health assessment
17. Use of assessment report
18. Payment for health assessment and report

Division 3--Applications for licences

19. Requirements about application for licence
20. Further information or documents to support application for licence

Division 4--Decisions about applications for licences

21. Decision about application for licence
22. Failure to decide application
23. Further consideration of application for licence

Division 5--Issue of licences

24. Form of licence
25. Term of licence

Division 6--Conditions of licences

26. Conditions of licence
27. Contravention of condition

Division 7--Renewals of licences

28. Notice of imminent expiry of licence
29. Requirements about application for renewal of licence
30. Further information or documents to support application for renewal
31. Decision about application for renewal
32. Expiring licence continues in force

Division 8--Variation of licences
Subdivision 1--Variation on chief executive's initiative

33. Varying licence—chief executive's initiative
Subdivision 2--Applications for variation
34. Varying licence—application by pest management technician
35. Further information or documents to support application for variation
36. Decision about application for variation of licence
37. Failure to decide application for variation of licence
38. Further consideration of application for variation
Subdivision 3--Recording variations
39. Varied licence to be produced and new licence issued

Division 9--Replacement of licences

40. Application for replacement of licence
41. Decision about application for replacement of licence

Division 10--Surrender of licences

42. Surrender of licence

Division 11--Suspension and cancellation of licences

43. Grounds for suspension or cancellation
44. Show cause notice
45. Representations about show cause notice
46. Ending show cause process without further action
47. Suspension or cancellation
48. Return of cancelled or suspended licence to chief executive
49. Immediate suspension of licence

Division 12--Offences

50. Holding out while unlicensed
51. When pest management technician etc. must not permit or require another person to carry out a pest management activity
52. Failure to supervise trainee

Division 13--Notices to be given to chief executive

53. Pest management technician to give chief executive notice about certain events
54. Notice of change in circumstances

Part 3--Monitoring, investigation and enforcement

Division 1--Inspectors

55. Appointment and qualifications
56. Appointment conditions and limit on powers
57. Issue of identity card
58. Production or display of identity card
59. When inspector ceases to hold office
60. Resignation
61. Return of identity card

Division 2--Powers of inspectors
Subdivision 1--Entry of places

62. Power to enter places
Subdivision 2--Procedure for entry
63. Consent to entry
64. Application for warrant
65. Issue of warrant
66. Special warrant
67. Warrant—procedure before entry
68. Stopping motor vehicles
Subdivision 3--Powers after entry
69. General powers after entering place
70. Failure to help inspector
71. Failure to give information
Subdivision 4--Power to seize evidence
72. Seizing evidence at a place that may be entered without consent or warrant
73. Seizing evidence at a place that may only be entered with consent or warrant
74. Securing seized thing
75. Tampering with seized thing
76. Powers to support seizure
77. Receipt for seized thing
78. Forfeiture of seized thing
79. Forfeiture on conviction
80. Dealing with forfeited things etc.
81. Return of seized thing
82. Access to seized thing
Subdivision 5--Power to obtain information
83. Power to require name and address
84. Failure to give name or address
85. Power to require production of documents
86. Failure to produce document
87. Failure to certify copy of document
88. Power to require information

Division 3--General enforcement matters

89. Compliance notice
90. Notice of damage
91. Compensation
92. False or misleading statements
93. False or misleading documents
94. Obstructing inspector
95. Impersonation of inspector
96. Dealing with certain things

Division 4--State analysts

97. Appointment and qualifications
98. Appointment conditions and limit on powers
99. When State analyst ceases to hold office
100. Resignation
101. Analysis
102. Certificates must indicate methodology used

Part 4--Reviews

Division 1--Internal review of decisions

103. Review process starts with internal review
104. Application for review to be made to the chief executive
105. Applying for review
106. Review decision
107. Stay of operation of original decision

Division 2--External review of decisions

108. Who may apply for external review

Part 5--Legal proceedings

Division 1--Application

114. Application of part

Division 2--Evidence

115. Appointments and authority
116. Signatures
117. Other evidentiary aids

Division 3--Proceedings

118. Summary proceedings for offences
119. Recovery of costs of investigation
120. Application for order for payment of costs under s 119
121. Responsibility for acts or omissions of representatives
122. Executive officers must ensure corporation complies with Act

Part 6--Miscellaneous

123. Notifiable incidents
124. Protecting officials from liability
125. Information may be given to foreign regulatory authorities
126. Confidentiality of information about person's health
127. Certain information may be disclosed
128. Delegation by chief executive
129. Approval of forms
130. Regulation-making power

Part 7--Saving and transitional provisions for Act No. 103 of 2001

Division 1--Interpretation

131. Definitions for pt 7

Division 2--Saving and transitional provisions

132. References to repealed provision
133. Existing licences
134. First renewal applications for certain licences
135. No second renewals of certain licences
136. Certain licences not to include activity for timber pests starting on determining day
137. Chief executive to give notice to pest management technicians
138. Pending applications
139. Action to cancel or suspend an existing licence
140. Suspended licence
141. Offences
142. Things seized
143. Appeals
144. Governor in Council's power not affected

Part 8--Transitional provision for repeal of Act No. 30 of 1987

145. Non-application of Act to use of timber preservative treatment under authorisation
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
DICTIONARY
Endnotes

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