Pesticide control orders
The EPA issues pesticide control orders (PCOs) to ensure restricted pesticides are used safely and disposed of appropriately. You can only use restricted pesticides if authorised to do so under a PCO or a restricted pesticide authorisation. A PCO can also place conditions on use of a non-restricted pesticide.
PCOs
- prohibit or control the use of a pesticide or class of pesticide
- state how pesticides may be used in specific situations
- authorise who can possess a restricted pesticide
- declare how the restricted pesticide must be used and what conditions apply
- specify training qualification requirements for use of the pesticide.
The EPA issues PCOs
- under Section 38 of the Pesticides Act 1999
- when the Australian Pesticides & Veterinary Medicines Authority (APVMA) determines that a pesticide of a specific active constituent is to be a restricted pesticide.
A PCO commences on the date it is published or at a date specified in the PCO that must be later than the publication date. PCO's are published in the NSW Government Gazette and details may also be advertised in certain newspapers.
A restricted pesticide may
- be harmful to humans
- have an unintended effect that is harmful to any animal or plant, or the environment
- require special knowledge, skill or qualifications for preparation or handling
- require specific equipment to use the product safely
The Australian Pesticides & Veterinary Medicines Authority (APVMA) determines what pesticides are appropriate to have restrictions placed on their supply and use. Restricted pesticides are listed in Schedule 4 of the Agricultural and Veterinary Chemicals Code Regulations 1995.
The competencies that must be obtained for using restricted chemical products in NSW are listed in each PCO. Unless otherwise stated, these competencies are in addition to those listed in the current notice of approved units of competency (PDF 685KB), which was published in NSW Gazette 592 on 23 December 2022.
Most pesticide control orders in force in NSW relate to the use of restricted pesticides.
To use restricted pesticides, you must:
- have appropriate training
- meet the requirements for possession
- use only in accordance with the conditions for use
1080, para-aminopropiophenone (PAPP), pindone (concentrate) and Rabbit Haemorrhagic Disease virus (RHDV) are restricted pesticides used to control specific vertebrate pests and can only be used by people who are authorised to do so, under a relevant PCO.
If you are a landholder and plan to use 1080 or another restricted vertebrate pesticide, you will need to contact the Local Land Services office in your area to discuss if you are able to do so. The Local Land Services provide specific training for the use of 1080 and the other restricted vertebrate pesticides.
All PCOs are published in the NSW Government Gazette.
1080 PCOs
The EPA has issued a number of PCOs for the use of 1080. They are:
- Pesticide Control (1080 Bait Products) Order 2020 (PDF 568KB)
- Pesticide Control (1080 Ejector Capsules) Order 2015 (PDF 434KB)
- Pesticide Control (1080 Ungulate Feeder) Order 2016 (PDF 515KB)
- Pesticide Control (1080 Felixer Cartridge) Order 2022 (PDF 467KB)
- Pesticide Control (PER90618) Order 2022 (PDF 506KB)
Other PCOs
- Air-1 (PDF 9KB) sets rules for aerially applying pesticides within 150 metres of a dwelling, school, factory or public place
- Preconstruction use of chlorpyrifos and bifenthrin (PDF 535KB) for termites
- Pindone concentrate and bait products (PDF 44KB)
- Rabbit Haemorrhagic Disease Virus (PDF 192KB)
- Pesticide Control (4-aminopyridine and alphachloralose) Order 2023 for vertebrate pest control
- Acrolein (PDF 234KB)
- Pesticide Control (PAPP) Order 2021 (PDF 214KB) applies to para-aminopropiophenone (PAPP) products
- CCA timber treatment products (PDF 33KB) sets out requirements for using copper chrome arsenate (CCA). There are also other requirements for doing timber treatment in NSW.
These PCOs have been revoked by the EPA
- Pesticide Control (Endosulfan) Order 2000
- Pesticide Control (Bromadiolone) Order 2000
- Pesticide Control (1080 Livestock Protection Collar) Order 2007
- Pesticide Control (Mevinphos) Order 2003
The orders for endosulfan and mevinphos were revoked as products containing these active constituents are no longer registered for use in Australia. These products must not be used in NSW. The EPA has the power to take regulatory action under the Pesticides Act 1999 for a person found to be still using these products.
Bromadiolone products are no longer controlled via PCOs. All other use of 1080 products, which are restricted pesticides, are subject to conditions in current PCOs.
Strict penalties may apply if you do not comply with a PCO. Under the Pesticides Act 1999, the maximum penalties are
- $60,000 for an individual
- $120,000 for a corporation