Agricultural chemical drift - Appendix 1 - Legislation that has impact on spray drift issues

Page contents: Human health issues| Occupational health issues | Other human health issues | Environmental issues | Agricultural damage or contamination of agricultural land | Deliberate contamination and malicious damage

Human health issues

Occupational health issues

The Occupational Health and Safety Act 1985 places certain duties on various people:

'Employers are required to provide and maintain so far as is practicable for employees a working environment that is safe and without risks to health.' (s. 21)

'Every employer, including the self-employed, is required to ensure, so far as is practicable, that persons (other than employees of the employer) are not exposed to risks to their health and safety arising from the conduct of the undertaking of the employer.' (s. 22)

'Occupiers of workplaces (persons who have management or control of the workplace) are required to take such measures as are practicable to ensure that the workplace, and access to and from the workplace, are safe and without risk to health.' (s.23)

The Victorian WorkCover Authority (VWA) administers this legislation, and has powers to enter, inspect and examine any workplace.

Other human health issues

Two pieces of legislation can be used in cases of suspected public health effects: the 'Nuisance' provisions of the Health Act 1958, administered by local government, and the Environment Protection Act 1970, sections 39-45, administered by the EPA.

a) The Nuisance provisions of the Health Act (sections 39-47) require local government councils to remedy 'as far as is reasonably possible' all nuisances in its municipality (s.41).

Nuisances are defined as a state, condition or activity which is, or is liable to be, dangerous to health or noxious, annoying or injurious to personal comfort (s.40).

Section 42 prohibits a person from causing a nuisance. Section 43 requires councils to investigate any notice of a nuisance and either to take action to abate nuisances or advise the notifier of any available methods for settling the matter privately.

b) The Environment Protection Act, s. 39 (1) requires that:

'A person shall not cause or permit any waters to be polluted so that the physical, chemical or biological condition of the waters is so changed as to make or be reasonably expected to make those waters -

(a) Noxious or poisonous;

(b) Harmful or potentially harmful to the health, welfare, safety or property of human beings.'

Similar provisions apply to pollution of the atmosphere (s. 41) and pollution of land (s. 45).

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Environmental issues

The Environment Protection Act, s. 39 (1) requires that:

'A person shall not cause or permit any waters to be polluted so that the physical, chemical or biological condition of the waters is so changed as to make or be reasonably expected to make those waters -

(c) Poisonous, harmful or potentially harmful to animals, birds, wildlife, fish or other aquatic life;

(d) Poisonous, harmful or potentially harmful to plants or other vegetation; or

(e) Detrimental to any beneficial use made of those waters.'

Similar provisions apply to pollution of the atmosphere (s.41) and pollution of land (s.45).

Agricultural damage or contamination of agricultural land

The Agricultural and Veterinary Chemicals (Control of Use) Act 1992 imposes certain controls regarding the application of agricultural chemicals.

Section 40 states that:

'(1) A person must not carry out agricultural spraying which injuriously affects -

(a) Any plants or stock outside the target area; or

(b) Any land outside the target area so that growing plants or keeping stock on that land can be reasonably expected to result in the contamination of the stock or of agricultural produce derived from the plants or stock.'

Under this Act, officers can prosecute where damage has occurred. However, the charge may be dropped if the defence can prove that the damage was not economic.

Section 54 of the Act provides that authorised officers appointed by the Secretary may enter, at any reasonable time, any land or premises in order to inspect cases of alleged damage following the spraying of an agricultural chemical.

The Act also provides for assessment of permit and licence applications/renewals to take into account offences under this Act and under other relevant Acts (such as prosecution by the EPA).

EPA legislation may also be relevant in some agricultural situations.

Deliberate contamination and malicious damage

Section 59E of the Environment Protection Act sets substantial penalties (including imprisonment) for offences of aggravated pollution: 'intentionally, recklessly or negligently polluting the environment ... resulting in actual, or a substantial risk of, serious damage to the environment or a serious threat to public health'.

In addition, malicious damage can be considered a criminal offence, and should be reported to the Police.

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