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Protecting the environment while using pesticides
Introduction
The Hazardous Property Controls (HPC) Notice is a compilation of several different types of rules
from various HSNO Regulations and substance approvals. However, it primarily covers two key
areas:
rules on hazardous substances used or stored in non-workplaces to protect the general public
rules on the storage and use of substances that are harmful to the environment (ecotoxic
substances), in both workplaces and non-workplaces. Many of these rules relate to the use of
pesticides.
This is a summary of the rules for using pesticides that are harmful to the environment (class 9,
ecotoxic substances). These rules apply in workplaces and non-workplaces.
Follow the information in this guide and always read and follow the instructions on the label of the
product you are using.
What is a pesticide?
The HPC notice defines a pesticide as a class 9 substance used for pest management to eradicate,
modify or control organisms:
in agricultural, horticultural or forestry activities (including in a domestic context)
in any place that may be lawfully accessed by the public (with or without payment of a charge).
Those substances do not include:
veterinary medicines, fertilisers, anti-fouling paints, timer treatment chemicals and antisapstain
chemicals, disinfectants or cleaning products other than when used to treat pests or insects on
horticultural crops.
In general, any weed or pest sprays are covered by the notice.
Do no harm
When applying pesticides you must take all reasonable steps to ensure the pesticide doesn’t cause
any significant harm to the environment beyond the application area. This includes damage to plants,
animals, insects, water and soil outside of the target application area. If there’s an Environmental
Exposure Limit (EEL) set for the pesticide you’re using, this must not be exceeded.
Appropriate equipment
The PCBU who is managing or controlling the application of a class 9 substance must ensure that:
all handling equipment is leak-proof, at all temperatures and pressures, and when the
substance is being dispersed
all equipment has accompanying use and maintenance documentation
the documentation is available to any worker handling the substance and is readily
understandable by a fully trained worker.
Application records
If 3 kg or more of a pesticide or plant growth regulator (with a class 9.1A, 9.2A, 9.3A or 9.4A
classification) is used in a workplace and applied within 24 hours, the application details must be
recorded and include:
name and HSNO approval number of substance
the date and time of each application or discharge of substance
the amount of the substance applied or discharged
the location
if applied or discharged in air, a description of the wind speed and direction when the substance
was applied or discharged
the name of the user and the users address
measures taken to avoid spray drift
(if the substance was aerially applied) electronic data files of locations and aircraft secondary
positional information (for example, geographic information system original shape files, based on
global navigation satellite system data).
Follow the label
You must follow any specific application rates, frequencies and intervals set out in the label. Do not
apply the substance:
at a rate greater than the maximum application rate
more frequently than the maximum application frequency
any time after the previous application, if it’s within the minimum application interval.
Respect buffer zones
A buffer zone is a no-spray zone between the application area and a place that needs to be protected
from the substance. If a buffer zone is set, the pesticide must not be applied in that zone. Even if a
buffer zone isn’t set, it can be useful to establish one to help prevent spray drifting out of the specified
application area.
Protect waterways
Pesticides and plant growth regulators with a 9.1 classification must not be applied directly into or
onto water.
Protect birds
If you plant seeds that are coated in a class 9.3 substance, or you use a class 9.3 pesticide in
granular form, you must ensure that birds are not able to access them. This can be done by either
completely covering the substance with soil, or otherwise prevent or deter birds from foraging within
the application plot.
Protect pollinators
For pesticides with a class 9.4 classification you must ensure your target area doesn’t have any:
a. bees that are foraging; or
b. plants (including trees and weeds) that are—
likely to be visited by non-target insect pollinators; and
in flower or part flower; or
likely to flower within the period specified by the Authority as an additional control
on the approval for the substance.
However, this requirement does not apply if the application plot is indoors, and the substance is
contained within the facility.
In this clause, invertebrate pollinator means an invertebrate agent that moves pollen from the male
anthers of a flower to the female stigma of a flower, including (without limitation): bees, pollen wasps,
ants, hoverflies, butterflies, moths and flower beetles.
Vertebrate baits
Class 9.3 pesticides that are used as vertebrate bait has rules around the bait size, degree of
palatability, methods of release or repellants or attractants that must be used in the substance. If any
of these rules are set on the substance, you must follow them.
Qualifications when using certain pesticides
Under new rules introduced on 1 December 2017, the approved handler test certificate system is now
managed under the new Health & Safety at Work (Hazardous Substances) Regulations. However,
these regulations are focussed on worker health and safety and don’t cover environmental protection.
This means the EPA needed to set new qualification requirements for people using certain pesticides
to ensure they are properly trained and qualified.
The pesticides that trigger this qualification requirement are primarily those with 9.1A, 9.2A, 9.3A or
9.4A classifications, but there are some exceptions (refer to Schedule 9 of the HPC Notice for a list of
these exceptions).
A range of different qualification requirements have been set, depending on the circumstances of use.
For example different qualifications have been set for:
mixing/loading pesticides
mixing/loading vertebrate toxic agents
aerially applying pesticides
contractors applying pesticides
other users applying pesticides
urban pest management contractors
Refer to the HPC Notice for details of the specific qualifications required for each of the use scenarios
listed above. The relevant parts of the notice are Part 4, subpart C, and Schedules 9 and 10.
Grandfathering provision for people with current class 9 approved handler certificate
If you hold a relevant class 9 approved handler certificate that was obtained before 1 December 2017,
you do not need comply with the new qualification requirements until either 31 December 2019, or
until your certificate expires, whichever occurs later.
Exceptions to qualification provision’
In all cases except for aerial application, not everyone mixing, loading or applying pesticides needs to
hold the relevant qualification. The notice allows for other people to carry out these activities provided
that person has received guidance from a qualified person, and that qualified person is available to
help at all times.
Substances that trigger qualification requirements:
Substances that trigger the qualification requirement are:
those with a classification listed in Table 1a (below), but not specifically listed in Table 1e
specific pesticides listed in Table 1b
specific pesticides listed in Table 1c, when they are applied onto or into water
specific VTAs listed in Table 1d.
Table 1a – Qualifications are required for pesticides or plant growth regulators with at least one of
these classifications
HSNO classification Equivalent GHS Class Equivalent GHS Category
9.1A Aquatic toxicity (acute) Category 1
9.1A Aquatic toxicity (chronic) Category 1
9.2A No equivalent
9.3A No equivalent
9.4A No equivalent
Table 1b – Specific pesticides subject to qualification requirements
Substance name Approval number
Atlantis Flo HSR100435
Chlorine Dioxide (Pesticide) HSR007938
Emulsifiable concentrate containing 100 g/litre
haloxyfop[(R)-isomer] as the methyl ester
HSR000373
Fandango HSR001722
Firefly HSR007993
Fusilade Forte HSR007852
Hortcare Approve 240SC HSR007667
Ignite HSR002431
Intuity HSR101227
Opus Team HSR007815
Pilaud HSR000135
Scorp EC HSR008025
Velum Prime HSR101067
Table 1c – Specific pesticides subject to qualification requirements when they are applied onto or into
water
Substance name Approval number
Feratox pellet A in 12g Ferafeed paste HSR100752
Feratox pellet A in 18g Ferafeed paste HSR100752
Feratox pellet A in 20 g Ferafeed paste HSR100752
Feratox pellet A in 9 g Ferafeed Paste HSR100752
Feratox pellet B (one pellet) in 18 g Ferafeed paste HSR100752
Feratox pellet B (two pellets) in 18 g Ferafeed paste HSR100752
Table 1d – Specific VTAs subject to qualification requirements
Substance name Approval number
Feratox pellet A in 12g Ferafeed paste HSR100752
Feratox pellet A in 18g Ferafeed paste HSR100752
Feratox pellet A in 20 g Ferafeed paste HSR100752
Feratox pellet A in 9 g Ferafeed Paste HSR100752
Feratox pellet B (one pellet) in 18 g Ferafeed paste HSR100752
Feratox pellet B (two pellets) in 18 g Ferafeed paste HSR100752
Table 1e – Qualifications NOT needed for these specific substances:
Substance name Approval number
Clobber*25 WP HSR000010
PyGanic HSR000051
PyGo HSR000057
Hussar HSR000065
Pilarking HSR000078
Nimrod SC HSR000080
Proclaim HSR000110
Substance name Approval number
Dustable powder containing 5.0 - 7.5 g/kg rotenone HSR000194
Ready to use liquid containing 7.8 g/litre fenitrothion HSR000202
Ready to use liquid containing 4.7 g/litre permethrin, 10 g/litre
piperonyl butoxide and 0.05 g/litre pyriproxyfen HSR000254
Ready to use liquid containing 2.5 - 4.0 g/litre permethrin HSR000263
Ready to use liquid containing 10 g/litre permethrin HSR000267
Ready to use liquid containing 3 g/litre permethrin HSR000308
Ready to use liquid containing 1 g/litre permethrin HSR000311
Ready to use liquid containing 5 g/litre permethrin HSR000313
Ready to use liquid containing 14.25 g/litre esbiothrin. Also
contains hydrocarbons HSR000322
Ready to use liquid containing 20.9 g/litre esbiothrin. Also contains
hydrocarbons HSR000333
Granular material containing 20 g/kg picloram as the amine salt HSR000554
Ready to use liquid containing 2.5 g/litre cyproconazole and 1
g/litre iodocarb (Substance A) HSR000632
Gel containing 21.5 g/kg imidacloprid HSR000676
Ready to use liquid containing 80 g/litre thiram HSR000730
Sniper™ HSR000953
Melody Duo HSR001616
Quintec HSR001671
Nimrod EW Fungicide HSR001738
Reason HSR001758
Twinax HSR002417
STEMSHOT KF-1 HSR002471
Tnl 2040 HSR002483
IMPULSE HSR007652
Colliss HSR007669
Bait containing 16.5 g/kg hydramethylnon (Substance B) HSR007699
Liquid containing 75 - 125 g/litre permethrin HSR007702
TNL 2189 HSR007756
Myco-RF HSR007810
Substance name Approval number
Melody Duo NF HSR007814
Vega HSR007818
Phaltan 50SC HSR007821
GF-1640 HSR007822
Betanal Forte HSR007865
Elector PSP HSR007967
Corasil HSR008027
Pico HSR008028
NoMate CM Spirals HSR008047
Kytogen HSR100003
Glacier HSR100141
Acquire HSR100276
Liquid containing 600 - 700 g/litre 2,4-D as the amine salt HSR100292
Liquid containing 725 - 850 g/litre 2,4-D as the butyl ester HSR100293
Liquid containing 300 - 350 g/litre mancozeb and 35 - 40 g/litre
metalaxyl HSR100308
Liquid containing 70 - 90 g/litre pyrethrins HSR100315
Liquid containing 180 - 220 g/litre pyrethrins HSR100316
Liquid containing 450 - 550 g/litre spinosad HSR100318
Liquid containing 65 - 85 g/litre trifloxystrobin HSR100321
Liquid containing 5 - 15 g/litre allethrin, 3 - 12 g/litre d-phenothrin
and 15 - 25 g/litre tetramethrin HSR100323
Liquid containing 500 - 600 g/litre chlorpyrifos methyl HSR100326
Liquid containing 450 - 550 g/litre propiconazole HSR100339
Liquid containing 325 - 400 g/litre triclopyr as the triethylamine
salts HSR100342
StemCap KF-2 HSR100345
Galmano NF HSR100402
Kinto Duo HSR100485
Yates Super Shield Advanced HSR100613
GF-3219 HSR100945
Thicarb 500FS HSR101066
Substance name Approval number
Permethrin IGR Concentrate HSR101143
Permethrin Concentrate HSR101155
Permethrin IGR RTU HSR101156
Permethrin RTU HSR101157
Yates Tomato and Vegetable Dust HSR101195