❓ A WA parliamentary question probes the Department of Health's monitoring and enforcement of pesticide regulations, particularly concerning local government practices and licensing conditions. It seeks data on licensing, permits, staffing, and potential legislative updates.
AnsweredQoN 4550Legislative Council
QuestionView source ↗
(1) Regarding the answer given to my question on notice No. 3874 on 28 June 2011, if the Department is not monitoring how many local authorities adopt the non-mandatory guide to the management of pesticides in local government pest control programs in Western Australia -
(a) how is the Department monitoring the effectiveness of the guide in ensuring good practice;
(b) how will the Department identify whether the
Health (Pesticides) Regulations 2011
need to be amended to make compliance with the guide mandatory;
(c) how will the Department and/or the Executive Director Public Health, identify whether compliance with the guidelines ought to be made a licence condition when considering licences issued or carried over under the
Health (Pesticides) Regulations 2011
; and
(d) what proportion of licences issued or carried over under the
Health (Pesticides) Regulations 2011
currently contain a condition that the guidelines must be complied with?
(2) How many licences have been issued or carried over under the
Health (Pesticides) Regulations 2011
?
(3) Regarding the answer to (2) -
(a) how many of those licences are subject to one or more conditions; and
(b) of those, will you please specify -
(i) the nature of each condition that has been imposed;
(ii) the number of licence-holders who are subject to that type of condition; and
(iii) the reasons underlying the imposition of the condition?
(4) How many permits have been applied for under the
Health (Pesticides) Regulations 2011
?
(5) Regarding the answer to (4) -
(a) what criteria are taken into account in deciding whether to -
(i) grant the application;
(ii) grant the application on condition(s); or
(iii) refuse the application?
(b) how many permit applications have been granted without conditions?
(c) how many permit applications have been granted with conditions?
(d) what is the nature of the conditions imposed on these permits?
(e) how many permit applications have been refused?
(6) How many FTE staff are directly employed in -
(a) monitoring compliance with the
Health (Pesticides) Regulations 2011
(including compliance with any conditions imposed under that legislation); and
(b) enforcement where there has been non-compliance with the
Health (Pesticides) Regulations 2011
or a condition imposed under that legislation?
(7) Will you introduce legislation, whether via the anticipated
Public Health Bill
or separately, to increase the maximum penalty imposed under the
Health Act 1911
for breach of the
Health (Pesticides) Regulations 2011
?
(8) If yes to (7), when?
(9) If no to (7), why not?
(a) how is the Department monitoring the effectiveness of the guide in ensuring good practice;
(b) how will the Department identify whether the
Health (Pesticides) Regulations 2011
need to be amended to make compliance with the guide mandatory;
(c) how will the Department and/or the Executive Director Public Health, identify whether compliance with the guidelines ought to be made a licence condition when considering licences issued or carried over under the
Health (Pesticides) Regulations 2011
; and
(d) what proportion of licences issued or carried over under the
Health (Pesticides) Regulations 2011
currently contain a condition that the guidelines must be complied with?
(2) How many licences have been issued or carried over under the
Health (Pesticides) Regulations 2011
?
(3) Regarding the answer to (2) -
(a) how many of those licences are subject to one or more conditions; and
(b) of those, will you please specify -
(i) the nature of each condition that has been imposed;
(ii) the number of licence-holders who are subject to that type of condition; and
(iii) the reasons underlying the imposition of the condition?
(4) How many permits have been applied for under the
Health (Pesticides) Regulations 2011
?
(5) Regarding the answer to (4) -
(a) what criteria are taken into account in deciding whether to -
(i) grant the application;
(ii) grant the application on condition(s); or
(iii) refuse the application?
(b) how many permit applications have been granted without conditions?
(c) how many permit applications have been granted with conditions?
(d) what is the nature of the conditions imposed on these permits?
(e) how many permit applications have been refused?
(6) How many FTE staff are directly employed in -
(a) monitoring compliance with the
Health (Pesticides) Regulations 2011
(including compliance with any conditions imposed under that legislation); and
(b) enforcement where there has been non-compliance with the
Health (Pesticides) Regulations 2011
or a condition imposed under that legislation?
(7) Will you introduce legislation, whether via the anticipated
Public Health Bill
or separately, to increase the maximum penalty imposed under the
Health Act 1911
for breach of the
Health (Pesticides) Regulations 2011
?
(8) If yes to (7), when?
(9) If no to (7), why not?
AnswerView source ↗
Answered
22 September 2011
Responded by
Minister for Mental Health representing the Minister for Health
Response time
23 days
(1)(a) There is no active monitoring of adoption of the guide. The guide is provided to local government staff as an indication of best management practices and considerations that should be used in managing the use of pesticides in Council spraying programs. However, it is the responsibility of Local Governments to ensure their programs are safe and considerate of public health and amenity requirements. The guide is made available to Local Government staff via training courses, mail and electronic distribution and via Department of Health's (DOH's) web site. Registered Training Organisations engaged in the training of the Pest Management Industry are also aware of the guide.
(b) There is no indication that the guide should be made a mandatory provision under the Health (Pesticides) Regulations 2011.
(c) There is no indication that the guide should be made a condition of licence. The guide was primarily developed to be used as a policy tool for local government in the application of pesticides on land under their care and control.
(d) None.
(2) 2,212 licenses and 835 business registrations.
(3)(a -b) All licenses carry at least one condition which requires compliance with the Code of Practice 'Disposal of Pesticide Residues from Pesticide Spray Applications'. This Code was introduced in 1994.
There are a number of licenses which have more than one condition, and this is dependent on the licence endorsement and whether or not a Technician may be using Schedule 7 poisons such as 1080, or strychnine. For example, those involved with feral animal control are required to comply with another two conditions, such as, compliance with the 'Code of Practice for the Safe Use and Management of 1080 in Western Australia' and the 'Code of Practice for the Safe Use and Management of Strychnine in Western Australia'.
A standard condition is placed on all Provisional Technician license holders, such as the requirement to complete the 'Urban Pest Management Technicians Course within 12 months', plus a condition to 'Complete a log book' which is to be forwarded to the Department when upgrading to a Technicians licence. There are currently 149 Provisional licence holders.
There is also a condition imposed on certain individuals transferring from another jurisdiction to Western Australia (WA) who may require additional training/competencies. This is often the case for those engaged in urban pest management. On nearly all occasions Technicians transferring from other jurisdictions to WA need to complete additional training to meet WA's higher standards. These standards are highly likely to fall with the proposal that the Commonwealth will assume the role of licensing in the near future.
(4) There have been ten permits issued under Regulation 92 of the Health (Pesticides) Regulations 2011 regarding the treatment of a cavity wall/s, where termites have gained entry into a building.
(5)(a) In all instances minimising the risk of the occupants is a priority, with no approval given unless a signed form is provided by the occupant/s. A floor plan is also required indicating which cavity walls are to be treated.
The main criteria for granting a permit under Regulation 92, is that other methods of termite treatment have failed, and termites have entered the building via an external cavity wall.
(b) There have been no permits granted without a condition/s.
(c) All
permits granted have conditions; some are standard conditions and some are specific to each site.
(d) Conditions imposed relate to ensuring that any visible drill holes are plugged and any pesticide residue is immediately cleaned up prior to reoccupation by the licensed Technician. The building is not to be occupied during the treatment including the removal where possible of pets.
(e) No permits have been refused under the current Regulations.
(6)(a - b) There are three FTE staff (Scientific Officers) directly employed in the administration of the Regulations, including one FTE Licensing/Admin person. The three Scientific Officers are all involved in compliance, enforcement and licensing matters.
(7) It is proposed that many offence provisions in the new Public Heath Bill and subsidiary Regulations, including those relating to Health (Pesticides) regulations, will result in increased penalties.
(8) When the new Public Health Bill is proclaimed by Parliament.
(9) Not applicable (see 8).
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(b) There is no indication that the guide should be made a mandatory provision under the Health (Pesticides) Regulations 2011.
(c) There is no indication that the guide should be made a condition of licence. The guide was primarily developed to be used as a policy tool for local government in the application of pesticides on land under their care and control.
(d) None.
(2) 2,212 licenses and 835 business registrations.
(3)(a -b) All licenses carry at least one condition which requires compliance with the Code of Practice 'Disposal of Pesticide Residues from Pesticide Spray Applications'. This Code was introduced in 1994.
There are a number of licenses which have more than one condition, and this is dependent on the licence endorsement and whether or not a Technician may be using Schedule 7 poisons such as 1080, or strychnine. For example, those involved with feral animal control are required to comply with another two conditions, such as, compliance with the 'Code of Practice for the Safe Use and Management of 1080 in Western Australia' and the 'Code of Practice for the Safe Use and Management of Strychnine in Western Australia'.
A standard condition is placed on all Provisional Technician license holders, such as the requirement to complete the 'Urban Pest Management Technicians Course within 12 months', plus a condition to 'Complete a log book' which is to be forwarded to the Department when upgrading to a Technicians licence. There are currently 149 Provisional licence holders.
There is also a condition imposed on certain individuals transferring from another jurisdiction to Western Australia (WA) who may require additional training/competencies. This is often the case for those engaged in urban pest management. On nearly all occasions Technicians transferring from other jurisdictions to WA need to complete additional training to meet WA's higher standards. These standards are highly likely to fall with the proposal that the Commonwealth will assume the role of licensing in the near future.
(4) There have been ten permits issued under Regulation 92 of the Health (Pesticides) Regulations 2011 regarding the treatment of a cavity wall/s, where termites have gained entry into a building.
(5)(a) In all instances minimising the risk of the occupants is a priority, with no approval given unless a signed form is provided by the occupant/s. A floor plan is also required indicating which cavity walls are to be treated.
The main criteria for granting a permit under Regulation 92, is that other methods of termite treatment have failed, and termites have entered the building via an external cavity wall.
(b) There have been no permits granted without a condition/s.
(c) All
permits granted have conditions; some are standard conditions and some are specific to each site.
(d) Conditions imposed relate to ensuring that any visible drill holes are plugged and any pesticide residue is immediately cleaned up prior to reoccupation by the licensed Technician. The building is not to be occupied during the treatment including the removal where possible of pets.
(e) No permits have been refused under the current Regulations.
(6)(a - b) There are three FTE staff (Scientific Officers) directly employed in the administration of the Regulations, including one FTE Licensing/Admin person. The three Scientific Officers are all involved in compliance, enforcement and licensing matters.
(7) It is proposed that many offence provisions in the new Public Heath Bill and subsidiary Regulations, including those relating to Health (Pesticides) regulations, will result in increased penalties.
(8) When the new Public Health Bill is proclaimed by Parliament.
(9) Not applicable (see 8).
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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