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Protecting the environment while using pesticides Introduction · Protecting the environment while using pesticides Introduction The Hazardous Property Controls (HPC) Notice is a

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Page 1: Protecting the environment while using pesticides Introduction · Protecting the environment while using pesticides Introduction The Hazardous Property Controls (HPC) Notice is a

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.

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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

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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.

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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

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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

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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

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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

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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

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Substance name Approval number

Permethrin IGR Concentrate HSR101143

Permethrin Concentrate HSR101155

Permethrin IGR RTU HSR101156

Permethrin RTU HSR101157

Yates Tomato and Vegetable Dust HSR101195