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Is the spraying of pesticides from my aeroplane legal?

I own a large farming property and I have a light aircraft that I use to survey the property and to check on stock. I would like to start spraying my crops with pesticide and want to know if it's legal to do this from my plane?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 28-10-2015
1 Lawyer Answered
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  1. Aviation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Andrea Stein, Brisbane 4000 QLD

  • In most states and territories there are laws regulating the aerial spraying of pesticides and other chemicals. These include requirements for the issue of licences or certificates for pilots of aircraft used for the aerial spraying or aerial distribution of pesticides or agricultural chemicals.
  • The general scheme of each of state and territory is to prohibit aerial spraying or aerial distribution unless the pilot of the aircraft from which the spraying is carried out holds the appropriate licence or certificate.
  • There are requirements to hold insurance by way of security against any loss or damage that maybe caused by aerial spraying or aerial distribution. You would also be required to produce and keep records of aerial spraying or aerial distribution.
  • You should also seriously consider the area that you intend to spray and your proximity to neighbours. You may otherwise find yourself facing claims for damage to crops or stock caused by aerial spraying, aerial distribution, spray-drift or drift from the chemicals you are spraying.

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