Queensland Consolidated Acts

PEST MANAGEMENT ACT 2001 - SECT 7

This Act does not apply to the following pest management activities—

(a) a pest control activity carried out by aerial distribution of an agricultural chemical product or of a preparation containing an agricultural chemical product;

Editor's note—

The Agricultural Chemicals Distribution Control Act 1966 contains provisions about the aerial distribution of agricultural products or preparations containing agricultural products.

(b) a pest control activity being used in primary production, regardless of whether the activity is carried out by the producer or another entity;

Examples for paragraph (b)—

1 spraying pesticide on an agricultural crop by using a motor vehicle with attached spray booms

2 laying baits to protect stockfeed from attack by rats

3 dipping fruit in a pesticide to protect the fruit from damage by insects

(c) a fumigation activity carried out on a farming property in primary production;

Examples for paragraph (c)—

1 sterilising soil on a farming property by using a fumigant to prepare the soil for planting an agricultural crop

2 fumigating a grain storage facility on a farming property

(d) a pest control activity being used in relation to processing grain or seed for use as food for animals;

(e) a pest control activity relating to the caring for, or growing of, a plant at a place that is primarily used for recreational or sporting activities;

Example for paragraph (e)—

spraying a bowling green to protect it from damage by insects

(f) a pest control activity that—

(i) relates to using a chemical to treat timber for preservation on a commercial basis; and

(ii) is an environmentally relevant activity under the Environmental Protection Act 1994;

Note—

See also section 145 (Non-application of Act to use of timber preservative treatment under authorisation).

(g) a pest control activity being used to control a pest on an animal;

Example for paragraph (g)—

using a pesticide to control fleas or ticks on a dog

(h) a pest control activity carried out by a person at residential premises—

(i) occupied by the person, whether or not the person is the owner of the premises; or

(ii) owned by the person but not occupied by any person;

(i) a pest control activity carried out by a person using only a pesticide (a household pesticide)—

(i) ordinarily used for household use; and

(ii) ordinarily available for purchase in a retail store where groceries are sold; and

(iii) packaged in a way the pesticide is ordinarily available for purchase in a store mentioned in subparagraph (ii).

Example of a pesticide for paragraph (i)—

a spray pack of pesticide available for purchase at a supermarket