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PAGE 2  NOTE THAT THE CLUB BELIEVES THEY HAVE RESPONDED TO MY CONCERNS.  THIS IS THE FIRST I'VE HEARD ABOUT IT!  I'VE BEEN WRITING TO THE CLUB SINCE 2005 (CLICK HERE) DEMANDING THEY STOP SPRAYING BECAUSE OF HEALTH CONCERNS, AND YET THEY'VE KEPT ON SPRAYING (SEE THE 2008 PHOTOS: CLICK HERE).

 

 

 

 

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An OCR of the text of the above 3-page letter is provided below:

 

 

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Our reference: FIL06/769-02;
Contact: David Thompson (02) 99995 6859

Mr Murray Thompson
P 0 Box 5761
WINDSOR NSW 2756

Environment Protection and Regulation

PESTICIDES ACT 1999 & REGULATION

Dear Mr Thompson

The Department of Environment and Climate Change (DECC) has been investigating a complaint received from you in October of 2008 regarding applications of herbicides on Golf Course property adjacent to a house where your son lives.  I understand that you and he claim to suffer from chemical sensitivity.  DECC Pesticides Inspector David Thompson with Operations Officer Stephen Durrington visited the Course Superintendent Mr Peter Carey on 29 October.

You claim to have sent several letters to the Golf Club from May 2005 to January 2007 informing the Club of this sensitivity and asked them to refrain from applying herbicides adjacent to the rear fence of the property occupied by your son.  According to Mr Carey, the Club has made some approach to you in the past.  However, according to you, where they appeared initially to refrain from treatment in that area, lately you claim that your pleas are largely ignored.

DECC has informed the Golf Club that under the Pesticides Act 1999, Sections 7 and 10, it is obliged to take note of neighbours’ concerns and take some action in response to them. I include some excerpts below:

 

7  Injury to persons or damage to property resulting from pesticide use

(1) A person is guilty of an offence if the person wilfully or negligently uses a pesticide in a
manner that:

(a) injures or is likely to injure any other person, or
(b) damages or is likely to damage any property of another person.
Maximum penalty:

$250,000 in the case of a corporation, or
$120,000 in the case of an individual.
 

10  Injury to persons or damage to property resulting from pesticide use

(1) A person must not use a pesticide in a manner that:

(a) injures or is likely to injure any other person, or
(b) damages or is likely to damage any property of another person.
Maximum penalty:

$120,000 in the case of a corporation, or
$60,000 in the case of an individual.

(3) "Due diligence" defence  It is a defence in any proceedings against a person for an offence under this section if the person establishes:

(a)  that the commission of the offence was due to causes over which the person had no control, and

(b)  that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.

 

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(a) that the commission of the offence was due to causes over which the person had no control, and
(b) that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.

Mr Carey informed the DECC his belief that the Club has responded to your concerns.  To protect the Club against the possibility. of action under the above sections, DECC advised the Club to pay attention to the ‘due diligence’ defence above, and to document any discussion and agreement with you.  Ideally that would mean coming to an agreed position with you, so that all possibility of you or your son being exposed would be avoided.

Mr Carey is obliged under the Pesticides Act 1999 in New South Wales to only use registered pesticides for the purposes and at the rates on their labels.  He is to ensure that all personnel on the staff who use pesticides as part of their work are trained as required by the Pesticides Training Regulation.  In addition, he is to ensure that all details as required by the record keeping Regulation are kept, see Attachment 1, below.

Requirement to make records relating to use of pesticides for commercial and occupational purposes
118. (1) A person must make (or cause to be made) a record, in accordance with clause 11D, that relates to each occasion on which the person uses a pesticide:
(a)  in the course of carrying on a business involving the use of pesticides (regardless of whether that use is the primary purpose of the business concerned), or
(b)  while acting in the capacity as, or while carrying out pest control operations for, the landlord of the premises on which the pesticide is used, or
(c)  while carrying out pest control operations for or on behalf of a public authority, or
(d)  while carrying out pest control operations on a golf course or bowling green.
Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case
of an individual.

It appears that intermittent records of herbicide applications had been kept by the Golf Club.  The Club has been warned that correct recording of all pesticide applications is necessary under the Pesticides Act 1999 in New South Wales. Adherence to this requirement will be checked by DECC.

We hope that your health will not be impacted on by pesticides use in the future, and that this will be achieved by agreement between you and the Golf Club.  Note however, that DECC cannot prevent pesticide users who comply with the legislation from legal use of registered products.

Further inquiries on this matter should be directed to David Thompson on 9995 6859.  I would appreciate your acknowledging receipt of this letter.

Yours sincerely,

PENNY FINLAY
A/Manager Metropolitan Projects 8 Support
Environmental Protection & Regulation
 

 

 

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Attachment 1: Information to be Contained in a Record

Under section 11D of the Pesticides Regulation 1995;

(1). A record required to be made under clause 11B or 11C must contain the following information:

a) The full product name of the pesticide applied,

b) A description of the crop in respect of which the pesticide was applied or other situation in which it was used,

c) The rate of application of the pesticide and the quantity applied,

d) A description of the equipment used to apply the pesticide,

e) The address of the property and the delineation of the area in which the pesticide was released, and in the case of a record under clause 110, the order in which areas (such as paddocks or sheds) were treated,

f) The date and times of the application of the pesticide (including start and finish time),

g) The name, address and contact details of the person who applied the pesticide or, in the case where the pesticide was applied by a person employed to apply the pesticide, the name of the employee and the name, address and contact details of the employer,

h) The name, address and contact details of the owner or occupier of the land in respect of which the pesticide was applied (if the information is not the same as the information required by paragraph (g)),

i) In the case where the record is required to be made by a responsible person (as referred to in clause 118 (5)) - the name of each worker who used the pesticide under the on-site supervision or direction of the responsible person,

j) if the pesticide is applied outdoors by means of any spray equipment within the meaning of clause 11C,

I. The estimated wind speed and direction at the start of the application and whenever there is any significant change during the application, and

II. If other weather conditions (such as temperature, humidity, or rainfall conditions) are specified on the pesticide label as being relevant for the proper use of the pesticide - a description of those conditions at the start of the application and whenever there is any significant change during the application

(2). The record must:

a) Be made as soon as practicable after the use of the pesticide concerned and, in any event, no later than 24 hours after the pesticide is used, and

b) Be in writing and in the English language, and

c) Be legible.

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