Western Australian Consolidated Acts Western Australian Consolidated Acts (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).]