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