Chemical Regulations

Licenses to aerially apply chemical

Both the pilot and an employer must possess EPA licenses. The pilot needs an aerial applicator pilot license and either an aerial applicator business license or must be associated with a business possessing such a license.

Similarly, the employer must have an aerial applicator business license and must confirm that the pilot holds an aerial applicator pilot license.

These licenses are effective for 5 years but can be annulled, rescinded, or suspended.

The EPA will dispatch reminders for license renewal.

Applying for the Aerial Applicators Licenses

To operate drones for pesticide application, you need both a remotely piloted aircraft (RPA) business license and an RPA pilot license issued by the EPA.

These licenses are necessary for using drones to spray pesticides from the air.

To acquire an RPA business license you need:

• An appropriate RPA operator certification (ReOC) from the Civil Aviation Safety Authority.

To obtain an RPA pilot license:

• Apply for an RPA business license or work for an entity with such a license, unless you're only spraying pesticides on land you own or occupy and using an excluded RPA (defined in the Civil Aviation Safety Regulations 1998).
• Acquire the suitable remote pilot license certification (RePL) or RPA operator accreditation from the Civil Aviation Safety Authority.
• Complete chemical accreditation training, which involves the units AHCCHM303/307 for preparing and applying chemicals to manage pests, weeds, and diseases, as well as unit AHCCHM304 for chemical transportation and storage.

Renewal of licenses

Starting from 2015, all licenses now have a set validity of five years. As a result, by the end of 2020, the majority of the older 'perpetual' aerial applicator pilot and business licenses issued prior to September 2015 will be up for their first renewal.

The EPA will proactively send out reminders for license renewal ahead of the due date, along with instructions for renewing online or through a form. During renewal, license holders will need to demonstrate that their necessary qualifications remain up to date.

For Aerial Applicator Pilot License:

For the renewal of an aerial applicator pilot license, the pilot must meet the following criteria:

• Possess a valid commercial pilot (airplane) license or commercial pilot (helicopter) license issued under the Civil Aviation Act 1988, including an agricultural or aerial application rating along with an aerial application endorsement.
• Hold a current certificate of approval given by the SpraySafe Accreditation Program by the Aerial Application Association of Australia, or provide proof of successfully passing an examination mandated by another state or territory. This exam should be for acquiring a license equivalent to the aerial applicator pilot license.
• Maintain a Class 1 or Class 2 Medical Certificate

For Aerial Applicator Business License:

For individuals or companies intending to keep hiring pilots for pesticide aerial application, it's necessary to possess an Air Operator's Certificate with endorsement for either aerial application or agricultural operations as stipulated in the Civil Aviation Act 1988.

Responsibilities and Conditions

A license might be granted with specific conditions.

For those holding an aerial applicator business license or an RPA applicator business license (which could be the pilot or remote pilot), it's mandatory to inform the EPA in case of an aircraft crash or forced landing leading to pesticide leakage or spills.

Similarly, for both aerial and RPA applicator license holders (both pilots and businesses), it's essential to inform the EPA in cases of:

• Alterations to the information provided during the license application.
• They cease to hold qualifications that are prerequisites for holding that particular license.

Restrictions and Obligations

Regulations for Distances and Notifications in Pesticide Aerial Application:

Required Distances from Occupied Areas:

The pesticide control order Air-1 establishes that a pilot cannot release pesticide from an aircraft within 150 meters of a dwelling, school, factory, or any public area without written consent from the premises' occupant. Notably, roads, traveling stock reserves, and State Rail land are exceptions to the term "public places." The landowner where aerial pesticide application is intended must obtain written permission from occupants of nearby dwellings, schools, factories, or public areas within 150 meters of the application zone. The pilot must ensure having acquired written approval before proceeding with aerial pesticide application.

Notification to Others:

• Notification to other parties becomes obligatory in certain situations:
• When the product label stipulates notifying neighbours or other involved parties about the product's usage. As required by a public authority's pesticide use notification plan.
• During pesticide application within 150 meters of a dwelling, school, factory, or public area as specified in pesticide control order Air-1.

Even if not legally mandated, notifying neighbours is a recommended practice as it can pre-empt and cover complaints and conflicts.

Mandatory Record Keeping

For those holding an aerial applicator business license or an RPA applicator business license (which may also involve the pilot or remote pilot), it is essential to maintain a comprehensive record each time an aircraft is utilized for pesticide application. This record should be created promptly, within 48 hours after the application, and retained for a period of 3 years. Upon request, a copy of the record must be provided to the landowner or occupier.

The record must encompass the following details:

• Name and address of the pilot or remote pilot.
• Product name and active constituents of each pesticide used.
• Date and time of application, including start and end times.
• Aircraft registration mark or RPA unit serial number.
• Description of the application method, including equipment, weather conditions (like wind speed and direction), and any temperature inversion occurrence during application.
• Description of the treated land, including address, specific paddock/part, and application order for each area.
• Crop description or usage scenario (e.g., fallow land).
• Pesticide application rate and total quantity used.
• Landowner or occupier's name, address, and contact details.
• Any additional record-keeping specifics specified by their EPA applicator license conditions, stipulated in a relevant pesticide control order, or mandated by the pesticide label.
• Records can be maintained in various formats, and certain systems are available within the aerial application industry. To acquire more details, contact the Aerial Application Association of Australia.

It is mandatory to present these records to an authorized EPA officer upon request. Penalties are applicable if record-keeping does not adhere to the Pesticides Regulation 2017 requirements.