A herbicide, a category of agricultural chemical, is defined as any material used or intended to be used for destroying, or preventing the spread of plants.

Herbicides are registered by the Australian Pesticides and Veterinary Medicines Authority (APVMA).

The misuse of herbicides has the potential to harm agriculture or livestock, the environment, trade, or human health.

Legislation is in place to ensure that commercial operators and their businesses distribute herbicides from ground equipment responsibly.

The following legislation regulates the ground distribution of herbicides:

• Agricultural Chemicals Distribution Control Act 1966
• Agricultural Chemicals Distribution Control Regulation 2021
• Chemical Usage (Agricultural and Veterinary) Control Act 1988
• Chemical Usage (Agricultural and Veterinary) Control Regulation 2017.

Also consider...

• Learn more about agricultural chemicals and their use.

To control the ground distribution of herbicides, both the operator of the equipment and the company or business employing or directing the operators, need to be licensed:

• individuals who operate ground equipment for herbicide distribution are called commercial operators (licence number will begin with 'G') and operate under a commercial operators licence
• organisations and individual contractors in the business of ground distribution who direct or authorise licensed commercial operators to use ground equipment are called ground distribution contractors (licence number will begin with 'GDC'). They must hold a ground distribution contractor's licence. A licensed aerial distribution contractor may also undertake this function.

When you need a licence for ground distribution

Factors that can determine whether you require a commercial operators licence are:

1. The location in Queensland where the ground distribution is carried out. A licence is not required if you carry out ground distribution in those areas of Queensland where the legislation does not apply (mainly western and far northern regions). Read more about regulated areas for ground distribution of herbicides.
2. The type of ground equipment being used and whether it is being used in a hazardous area. Ground equipment, as defined in the Agricultural Chemicals Distribution Control Act 1966, is any machine or apparatus other than an aircraft in flight used or intended for the distribution of a herbicide.

Some equipment is exempted from this definition in locations outside hazardous areas. These exemptions are:

• equipment that is hand-powered
• equipment powered by compressed air or gas applied directly to the spray liquid for distribution without the use of air blast techniques
• hose proportioning devices.

Note: If the equipment you are using falls within these exemptions you do not require a licence when carrying out ground distribution outside hazardous areas. However, you do require a licence if you are distributing with this equipment in areas within hazardous areas.

Distributing herbicides without a licence

As an operator, there are some circumstances where you are able to distribute herbicides without a commercial operators licence and not be charged with an offence under section 39(3) of the Agricultural Chemicals Distribution Control Act 1966. These circumstances include if you are using the ground equipment on:

• land owned or occupied by you
• land owned or occupied by your relative – a relative as defined in the Act can be a spouse, son or daughter, father, mother, brother or sister, grandparent or grandchild
• land owned or occupied by your employer who is primarily engaged in pastoral or agricultural pursuits and you are bound by a contract of service that is primarily for work other than the ground distribution in question.

Note: A licence would be required if the primary purpose for engaging your services was to undertake the particular ground distribution in question

• any unallocated state land, reserve or road under the Land Act 1994 that adjoins the land mentioned above, provided you have the permission of the entity that holds or controls the unallocated state land, reserve or road.

Note: You will need a licence in the above situations if you wish to apply certain restricted herbicides in a hazardous area.

Supervising unlicensed operators

A licensed commercial operator is permitted to supervise an unlicensed operator or a group of unlicensed operators to use ground equipment to carry out ground distribution. The licensed commercial operator:

• must be present while ground distribution is being carried out (i.e. the licensed operator must never leave their post)
• must maintain close supervision at all times (i.e. they should not issue instructions to the unlicensed operators before the ground distribution and then leave them to carry out the work on their own).

When supervising unlicensed operators, a licensed commercial operator is responsible for:

• checking the calibration of the spray equipment being usedoper
• confirming the correct spray nozzle has been selected
• supervising the mixing and safe handling of the herbicide concentrate.

Licensing for landholders working on neighbouring properties

While landholders (e.g. farmers and primary producers) do not need to hold a licence to carry out ground distribution on land that they or their relatives own or occupy, the same does not apply when carrying out ground distribution on a neighbour's property.

For example, if you use ground equipment on your neighbour's property (e.g. a boom spray or a misting machine) you need to have a commercial operators licence. However, depending on the circumstances, you may also need to hold a ground distribution contractor's licence.

Note: In declared hazardous areas, landholders who wish to spray certain forms of MCPA, 2,4-D and picloram on their own, a relative's or a neighbour's property will need to be licensed and obtain a distribution permit.

Special arrangements for pest management technicians

A pest management technician (PMT) who holds a current Queensland pest management licence under the Medicines and Poisons Act 2019 and a relevant pest management qualification is taken to hold a commercial operators licence. However, any ground distribution by the PMT must be carried out for a business that holds a ground or aerial distribution contractor licence.

The relevant pest management qualification is a statement of attainment issued by a registered training organisation under the Vocational Education and Training (Commonwealth Powers) Act 2012 or similar legislation in another state. The statement declares that the licensed, qualified pest management technician has successfully completed each of the following competencies (or their replacement when these units are revised):

• CPPUPM3005 – Manage pests without applying pesticides
• CPPUPM3006 – Manage pests by applying pesticides
• CPPUPM3018 – Maintain equipment and pesticide storage area in pest management vehicles.

Ground distribution of herbicides may only be carried out in the course of the business of, at the direction of, or under the authority of either:

• a licensed ground distribution contractor holding a ground distribution contractor's licence
• or
• a licensed aerial distribution contractor holding an aerial distribution contractor licence.

Licensing for ground distribution contractors

A ground distribution contractor must be licensed under the Agricultural Chemicals Distribution Control Act 1966.

A 'ground distribution contractor' is:

• any person or organisation carrying out the business of ground distribution of herbicides
• any person or organisation that directs or authorises ground equipment to be used to carry out ground distribution of herbicides.

You may need to meet the licence obligations as a commercial operator as well as a ground distribution contractor if you are self-employed as a ground distribution contractor and operate your own ground equipment to carry out ground distribution.

Apply for a ground distribution contractor's licence

There is no qualification or prerequisite required for a ground distribution contractor's licence.

This licence is issued for either a one or 3 year period, nominated by the applicant at the time of application.

To apply once you are qualified, complete the online application for a licence and pay the prescribed fee:

This licence is issued for either a one or 3 year period, which you nominate when you apply.

Note: You cannot carry out aerial distribution unless you do so under the direction or authority of a licensed aerial distribution contractor. Any aerial distribution contractor must hold an aerial distribution contractor licence. Learn more about applying for an aerial distribution contractor licence.

Renewal of existing licences

If you have an email address recorded against your licence, you will receive an automated notification 60 days prior to the expiry date. However, you can also renew within the 60-day period using the online renewal form.

You will need your licence number to use the online renewal link. If you don't know your number, you can find this by using the chemical application licence register.

If your licence has expired, you cannot renew your licence and will have to apply for a new one.

Change of licence details

It is an obligation under the Agricultural Chemicals Distribution Control Act 1966 that licensees are required to notify the Department of Primary Industries (DPI) of any changes within 21 days.

To update your licence details, use the change request form. If you are renewing your licence, the renewal form also provides for changes to details.

If you cannot apply online, contact the DPI customer service centre on 13 25 23.

Record-keeping requirements

One of the obligations of licensed ground distribution contractors is to make a record of all ground distributions carried out on their behalf and keep these for a minimum period of 2 years. These must be made available to authorised officers on request.

Read more about keeping records of herbicide distribution.

Ground distribution is primarily regulated in Queensland's southern, eastern and central regions. In many local authorities, particularly those in western and far northern regions, the provisions of the Agricultural Chemicals Distribution Control Act 1966 do not apply. These areas have been traditionally used for grazing animal production, with only limited crop production.

You can access an interactive atlas that details the precise locations of the areas where the Agricultural Chemicals Distribution Control Act applies and does not apply. If you only require a general guide, a basic map is listed in schedule 1 of the Agricultural Chemicals Distribution Control Regulation 2021.

Within the regulated areas, 3 hazardous areas have been declared to protect susceptible crops in those areas from damage from certain volatile herbicides.

Read more about hazardous area distribution permits, including ground distribution in the 3 hazardous areas, their locations, their prescribed restricted herbicides and how to apply for distribution permits to carry out ground distribution of the restricted herbicides for each hazardous area.

Also consider...

• Read the Agricultural Chemicals Distribution Control Act 1966.

Ground distribution of herbicides is a reliable and efficient tool for controlling weeds in a range of crop and non-crop situations. Provided the commercial operator uses the herbicide correctly, carries out the distribution under the right weather conditions and uses correctly calibrated equipment, then ground distribution should pose few risks to agriculture or livestock, the environment, trade or human health.

Check your ground equipment

You should check the ground equipment you intend to use to ensure it is in sound condition and good working order, and not likely to injure or damage livestock or crops not intended to be treated.

You should also check that spray nozzles are delivering the correct droplet size to evenly distribute the herbicide mixture. This will reduce or even prevent spray drift.

It is an offence under the Agricultural Chemicals Distribution Control Regulation 2021 for a commercial operator to permit ground distribution to be carried out with equipment that might reasonably be expected to cause damage to crops not intended to be treated, or livestock.

Consult your clients

Before conducting ground distribution, consult with your clients to identify sensitive crops and areas, including creeks and streams, livestock paddocks or schools, hospitals or houses around the area where the distribution is to occur. You may need to pay extra attention to these sensitive areas during the ground distribution.

Check the weather conditions

Consider the weather conditions before commencing ground distribution. It is an offence under the Agricultural Chemicals Distribution Control Regulation 2021 for a commercial operator to permit ground distribution to be carried out under meteorological conditions that might reasonably be expected to cause damage to crops not intended to be treated, or livestock.

Learn more about minimising the impacts of spray drift.

Be careful with chemicals

As a licensed commercial operator, you have an obligation under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 to use only agricultural chemical products including herbicides that are registered or approved for use by the Australian Pesticides and Veterinary Medicines Authority (APVMA).

You should also use herbicide products in accordance with label instructions or APVMA permit conditions. Heavy penalties apply for anyone who misuses herbicides by not following label instructions.