Agricultural chemical drift - Referral of chemical enquiries - An overview

Page contents: Human health issues | Occupational health issues | Public health issues | Environmental issues | Agricultural issues | Aerial spraying

This section provides a simple guide to referring various types of drift enquiries to the correct agency. However, each case will need individual assessment to identify the key issue and lead agency.

When referring a complaint to another agency, it may be useful to contact that agency and discuss the issue with the relevant officer, outlining any information already provided and/or actions taken. This is particularly important for serious complaints having the potential for prosecutions, changes to policy or legislation, etc.

As mentioned in the introduction, many enquiries do not fit neatly into a single category, and there is often an overlap of responsibilities that involves two or more agencies. The relevant legislation outlines the responsibilities of various agencies - see appendix 1 for further details.

Appendix 5 contains a list of contacts mentioned in this section.

Human health issues

If the issue primarily concerns human health, establish whether it is related to occupational health that is, exposure of people to chemicals while they are working.

Occupational health issues

Refer occupational health issues to the relevant Victorian WorkCover Authority (VWA) regional office or to the Field Support Unit. If necessary, contact the VWA 24-hour Emergency Response Service.

Examples of occupational issues include:

• Workers in a nursery or greenhouse being present during a spray operation.
  
  
• Fruitpickers in an orchard near boom-spraying or air-blast spraying operations.
  
  
• Field workers being oversprayed by aerial spray.

Public health issues

If the incident is a public health or general health issue - that is, NOT primarily an occupational issue - refer it to the local municipal Council; firstly to the Environmental Health Officer (EHO) and if necessary to the Chief Executive Officer.**

Council may then refer the issue to the Environment Protection Authority (EPA) or to the Regional Environmental Health Officer (REHO) of the Department of Human Services (DHS), if appropriate.

If Council is unable to assist, refer the matter directly to Department of Human Services or EPA regional officers.

Council, the EPA or the Department of Human Services REHO may then consult with the Department's Environmental Health Unit for advice or assistance in dealing with the complaint, if necessary.

** In an emergency situation, contact the Department of Human Services or EPA directly (Department of Human Services Environmental Health Unit, Emergency Response Coordinator or EPA Pollution Watch).

Examples of public health queries include:

• Specific human health problems caused by drift.
  
  
• Concern about contamination of drinking water.
  
  
• Stress or anxiety caused by drift.
  
  
• General concerns over smell, 'air pollution'.
  
  
• General objections to spray or drift in closely settled areas.

In cases of chemical application on public or private non-agricultural land (for example, urban and industrial areas, parks, road reserves, water catchments) the Department of Human Services can also advise if the applicator had, or was required to hold, a Pest Control Operator's Licence².

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Environmental issues

If the issue is concerned primarily with environmental considerations, refer it to the relevant EPA regional office or, in an emergency, contact Pollution Watch (a 24-hour facility).

Examples of such queries include:

• Spraying of forests.
  
  
• Damage to plants and animals.
  
  
• Pollution of water bodies including lakes, rivers, streams, dams, etc.
  
  
• General concerns over smell, 'air pollution'.
  
  
• Contaminated land.
  
  
• General objections to imprecise placement of spray or drift.

Agricultural issues

If the issue is primarily agricultural, it should be referred to the relevant DNRE Regional Chemical Standards Officer for the area, or to the Chemical Standards Branch.

Examples of such incidents include:

• Damage to crops, pastures or agricultural land.
  
  
• Contamination of livestock.
  
  
• Contamination of farm dams.
  
  
• Spraying prescribed chemicals by aircraft or mister in a Chemical Control Area.
  
  
• Damage to trees or gardens (on public or private land).

In addition, DNRE Chemical Standards officers can advise on chemicals registered³ for particular uses, and whether the applicator held, or was required to hold, a permit or licence⁴.

Aerial spraying

Aerial spraying incidents often involve several aspects of chemical controls discussed above - agriculture, environment, public health, occupational health, etc.

Such incidents can include:

• Aerial applicators flying too close to houses, schools, etc.
  
  
• Aerial application in unfavourable weather conditions, such as strong winds or still inversion conditions.
  
  
• Aerial application of highly volatile chemicals.

In addition to the other agencies discussed above, the Civil Aviation Safety Authority (CASA) is another reference agency for some aerial spraying complaints. CASA can investigate queries about distances flown from the ground or from buildings and other structures, and about the airworthiness of the plane. They are also responsible for issuing an Agricultural Rating⁵ endorsement to the Pilot's Licence.

² The Department of Human Services licences and registers commercial applicators of pesticides in non-agricultural settings.

³ Agricultural chemicals supplied in Australia must be registered by the National Registration Authority. Once registered, the States can impose certain controls on the use of products (for example, by requiring training or issue of a permit before use).

⁴ Users of certain agricultural chemicals are required to hold an Agricultural Chemical Users Permit (ACUP) or a Commercial Applicator's Licence. These permits and licences are issued by DNRE. DNRE also issues Chemical Ratings for agricultural pilots (aerial sprayers).

⁵ CASA has the power to cancel a pilot's Agricultural Rating under certain conditions, which will prevent the pilot from operating a legal aerial spraying service.

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