s. 41 (2) It is a defence to a prosecution under subsection (1)(a) to prove that the plants or stock have no economic value. S. 41 41 Contamination by spray drift repealed by No. 55/2001 (1) A person must not carry out agricultural s. 12, spraying— new s. 41 inserted by (a) which contaminates any stock outside the No. 55/2001 s. 13. target area; or (b) which is likely to contaminate any agricultural produce derived from plants or stock outside the target area. In the case of a corporation, 200 penalty units. In any other case, 100 penalty units. (2) It is a defence to a prosecution under subsection (1)(b) if the agricultural produce is not to be used as stock food or sold as, or manufactured into, food or stock food. 42 Requirements for pilots (1) A person must not pilot an aircraft to carry out aerial spraying unless he or she— (a) holds a pilot (chemical rating) licence; and (b) complies with any conditions of that licence. 200 penalty units. S. 42(2) (2) A person must not pilot an aircraft to carry out substituted by aerial spraying unless he or she— Nos 73/1994 s. 50(4), (a) holds an agricultural aircraft operator licence 55/2001 s. 14. and complies with all conditions (if any) of that licence; or (b) is an employee or agent of a person who holds an agricultural aircraft operator licence.
(2) It is a defence to a prosecution under subsection (1)(a) to prove that the plants or stock have no economic value. S. 41 repealed by No. 55/2001 s. 12, new s. 41 inserted by No. 55/2001 s. 13. 41 Contamination by spray drift s. 41 (1) A person must not carry out agricultural spraying— (a) which contaminates any stock outside the target area; or (b) which is likely to contaminate any agricultural produce derived from plants or stock outside the target area. In the case of a corporation, 200 penalty units. In any other case, 100 penalty units. (2) It is a defence to a prosecution under subsection (1)(b) if the agricultural produce is not to be used as stock food or sold as, or manufactured into, food or stock food. 42 Requirements for pilots (1) A person must not pilot an aircraft to carry out aerial spraying unless he or she— (a) holds a pilot (chemical rating) licence; and (b) complies with any conditions of that licence. 200 penalty units. S. 42(2) substituted by Nos 73/1994 s. 50(4), 55/2001 s. 14. (2) A person must not pilot an aircraft to carry out aerial spraying unless he or she— (a) holds an agricultural aircraft operator licence and complies with all conditions (if any) of that licence; or (b) is an employee or agent of a person who holds an agricultural aircraft operator licence.
92-46a046.docx