What makes using sump oil for line marking illegal

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QUESTION: What makes using sump oil for line marking illegal, 12 May 2005, New South Wales Australia

I recently received an inquiry regarding the use of sump oil for line marking on sporting ovals.
When investigating this issue I came across a document titled "Annual Report of the Lead Group Inc 2002 Ten Year Review of Objectives" prepared by Elizabeth O'Brien, Manager Lead Advisory Service Australia (LASA). The following is an extract from the document -"The use of sump oil as a weed-suppressant or dust-suppressant became illegal under the NSW Contaminated Land Act 1997."
My question:
Which section of the Act makes it illegal to use sump oil for this purpose?
Any other information in relation to this topic would be greatly appreciated.
Thanks

ANSWER: 17 May 2005

Dear Sir,
Thank you for your enquiry. To answer your question regarding the use of sump oil for line marking, we have consulted an information officer from the Department of Environment and Conservation (NSW), Mr David Tate. His answer was as follows:
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"Sump oil is not registered as pesticide to deter insects and if used to deter a pest would be defined as use of unregistered pesticide. A herbicide is a pesticide by our terms of reference therefore line marking a sports oval is covered by the "appropriate use" issue." "The registering authority is the Australian Pesticides & Veterinary Medicines Authority in Canberra" www.apvma.gov.au/.
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We then consulted the Australian Pesticides & Veterinary Medicines Authority (APVMA) in Canberra on the penalties of the use of unregistered pesticides/herbicides and where this was stated in their website. They referred us to the Department of Agriculture, who then referred us back to the Department of Environment and Conservation (NSW). It has been a difficult process but at the end of it all, I believe we have found the answer to your question.
Sump oil is not registered as a pesticide or herbicide. Therefore the use of an unregistered pesticide or herbicide is precluded by the following clause:
PESTICIDES ACT NSW 1999 DIVISION 3 CLAUSE 13
www.legislation.nsw.gov.au/viewtop/inforce/act+80+1999+first+0+N
From the website above, it states that under the :
Pesticides Act 1999 No 80
13 Use of unregistered pesticide
A person must not use an unregistered pesticide unless the person:
(a) is authorised to do so by a permit, and
(b) complies with the permit.

Maximum penalty:

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

Note. The effect of a permit is explained in the note to section 6. This offence is an "eligible law" for the purposes of Part 7 of the Agvet Code.
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It is thus not under the NSW Contaminated Land Act 1997 as we have stated on our website. We thank you for pointing this out to us. Anyway, we hope this information helps.
Regards,
Elisa Idris