Australian Capital Territory Repealed Acts

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This legislation has been repealed.

PESTICIDES ACT 1989 (REPEALED) - SECT 75

75. (1) Where a pesticide is seized under paragraph 71 (1) (g), the inspector who seizes it shall give written notice to its owner, or the person who had possession, custody or control of it immediately before the seizure, requesting that person to show cause why the pesticide should not be disposed of.

(2) A notice under this section shall specify—

        (a)     the grounds upon which the inspector bases his or her belief that the disposal of the pesticide is necessary; and

        (b)     the period, not being less than 2 working days after the time at which the notice was given, after which the Registrar may cause the pesticide to be disposed of under subsection (3).

(3) Where a notice is given under subsection (1), the Registrar shall cause the pesticide to be disposed of after the expiration of the period specified in the notice, if, taking into account any representation made by the person to whom the notice was directed, the Registrar is satisfied on reasonable grounds that the disposal of the pesticide is necessary to ensure the minimisation of—

        (a)     any risk to public health; or

        (b)     any risk of damage to the environment or to property.

(4) Where a notice is given under subsection (1), if the Registrar is not satisfied on reasonable grounds pursuant to subsection (3) of the necessity of the disposal of the pesticide, he or she shall cause the pesticide to be released to its owner, or to the person from whom it was seized.

(5) Where a pesticide is disposed of pursuant to subsection (3), the Territory shall compensate the owner.

(6) In this section, “pesticide” means a substance which the inspector who seizes it believes on reasonable grounds to be a pesticide.

Emergency disposal


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