Occasional use exemption for 1080 and pindone users
Can I use 1080 or pindone if I don't have current pesticide user training?
To use 1080 or pindone, both the 1080 or pindone pesticide control orders (PCO) made under the Pesticides Act 1999 require you to have completed mandatory pesticide user training to AQF level 3 or to have completed the new 1080 and pindone course developed for the EPA and delivered through Livestock and Health and Pest Authorities. These courses must have been completed within the last five years.
However, Clause 10(2)(d) of the Pesticides Regulation 2009 does provide a defence that may apply in some agricultural and forestry situations for people who use pesticides occasionally, including 1080 and pindone.
The only circumstances in which this defence will be available so that you can lawfully apply pesticides occasionally as part of agricultural or forestry operations without training is if you are directly supervised by a person who has been appropriately trained. For this exemption to apply:
This exemption only applies to pesticide use in connection with agricultural or forestry operations.
Who can supervise an untrained person?
Any person who holds a current AQF level 3 qualification (as specified under the 1080 and pindone PCOs), can supervise the pesticide use by the untrained person. They do not necessarily have to be someone who lives or works on the same property, but they need to be in a position to both meet the above requirements and to provide adequate supervision of the 1080 or pindone baiting. This could include being available in case the 1080 or pindone user has questions or checking back with them to make sure the baits were correctly placed.
Note: The exemption does not allow persons who have completed the 1080 and pindone course to supervise untrained persons.
What are the supervisor's obligations?
Supervising persons need to be aware of their shared liability obligations under the Pesticides Act 1999. Everyone involved in the decision-making for the use of a pesticide is responsible for ensuring proper use, and may also share the liability for the commission of criminal offences if the pesticide is misused. The supervising person needs to ensure that their actions or omissions do not cause or permit the person they are supervising to commit an offence under the Pesticides Act or Regulation.
PLEASE NOTE: The Environment Protection Authority (NSW) has prepared this document as a guide only. It is not intended to be an exhaustive guide to the use of 1080 or pindone without training. Businesses and individuals are encouraged to seek their own legal and other expert advice concerning the use of 1080 or pindone.
Page last updated: 06 June 2013