Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1997

Regulation 7(c)(ii)

SCHEDULE 4 Conditions relating to Consent to the use of Prescribed Plant Protection Products by Aerial Application

1.  A person shall not undertake an aerial application of a prescribed plant protection product unless—

(a) an aerial application certificate granted under Article 42(2) of the Air Navigation Order 1985(1) is held by that person, that person’s employer or the main contractor undertaking the aerial application; and

(b) the prescribed plant protection product to be used has been approved for the intended aerial application.

2.—(1) A person shall not undertake an aerial application of a prescribed plant protection product unless that person, or a person specifically designated in writing on that person’s behalf, has—

(a) not less than 72 hours before the commencement of the aerial application consulted the Department of the Environment for Northern Ireland with regard to any land which is subject to an order made under Article 16(1) of the Wildlife (Northern Ireland) Order 1985(2) or which is subject to a declaration made under Article 16(1), 18(1) or 24, or an order made under Article 20(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985(3), and which lies within 1500 metres of any part of the land to which that plant protection product is to be applied;

(b) not less than 72 hours before the commencement of the aerial application consulted the Department of the Environment for Northern Ireland if the land to which that plant protection product is to be applied is adjacent to, or within 250 metres of, water;

(c) obtained the consent of the Department of the Environment for Northern Ireland if that plant protection product is to be applied for the purpose of controlling aquatic weeds or weeds on the banks of watercourses or lakes;

(d) not less than 24 hours and (so far as is practicable) not more than 48 hours before the commencement of the aerial application, given notice of the intended aerial application to the District Council for the district in which the intended aerial application is to take place;

(e) not less than 24 hours and (so far as is reasonably practicable) not more than 48 hours before the commencement of the aerial application, given notice of the intended aerial application to the occupants or their agents of all property within 25 metres of the boundary of the land to which that plant protection product is to be applied;

(f) not less than 24 hours and (so far as is practicable) not more than 48 hours before the commencement of the aerial application, given notice of the intended aerial application to the person in charge of any hospital, school or other institution any part of the curtilage of which lies within 150 metres of any flight path intended to be used for the aerial application; and

(g) not less than 48 hours before the commencement of the aerial application, given notice of the intended aerial application to the appropriate reporting point of the local beekeepers' spray warning scheme operating within the district in which the intended aerial application is to take place.

(2) A notice of an intended aerial application given under paragraph (e) or (f) of sub-paragraph (1) shall be in writing and include details of—

(a) the name and address, and telephone number (if any), of the person intending to carry out the aerial application;

(b) the name of the prescribed plant protection product to be applied and its active substance and approval registration number;

(c) the intended time and date of application; and

(d) an indication that the same details have been given to the District Council for the district in which the intended aerial application is to take place.

3.  A person shall not undertake an aerial application of a prescribed plant protection product unless—

(a) the wind velocity at the height of application at the place of intended aerial application does not exceed 10 knots, except where the approval given in relation to that plant protection product permits aerial application when such wind velocity exceeds 10 knots;

(b) not less than 24 hours before the aerial application, that person has provided and put in place within 60 metres of the land to which that plant protection product is to be applied signs, of adequate robustness and legibility, to warn pedestrians and drivers of vehicles of the time and place of the intended aerial application; and

(c) before the aerial application that person has provided ground markers in all circumstances where a ground marker will assist the pilot to comply with the provisions of paragraph 5.

4.  Any person who undertakes the aerial application of a prescribed plant protection product shall—

(a) keep and retain for not less than 3 years after each application records of—

(i) the nature, place and date of that application;

(ii) the registration number of the aircraft used;

(iii) the name and permanent address of the pilot of that aircraft;

(iv) the name and quantity of the plant protection product applied;

(v) the dilution and volume of application of the plant protection product applied;

(vi) the type and specification of application system (which may include nozzle type and size);

(vii) the method of application;

(viii) the flight times of the aerial application;

(ix) the speed and duration of the wind during the application; and

(x) any unusual occurrences which affected the application;

(b) provide the Department with summaries of the records required by sub-paragraph (a) in any manner which it may require under section 16(11) of the Food and Environment Protection Act 1985(4), within 30 days after the end of the calendar month to which those records relate.

5.  The pilot of an aircraft engaged in an aerial application shall maintain the aircraft—

(a) at a height of not less than 200 feet(5) from ground level when flying over an occupied building or its curtilage;

(b) at a horizontal distance from any occupied building and its curtilage, children’s playground, sports ground or building containing livestock of—

(i) not less than 30 metres, if the pilot has the written consent of the occupier; and

(ii) not less than 60 metres, in any other case.

(c) at a height of not less than 250 feet from ground level over any motorway, or of not less than 100 feet from ground level over any other public highway, unless that motorway or public highway has been closed to traffic during the course of the application.

6.  For the purpose of this Schedule—

“approval” means any approval given under the Plant Protection Products Regulations;

“curtilage”, in relation to any building, means the land attached to, and forming one enclosure with, that building;

“ground marker” includes a person who is instructed by a person intending to carry out an aerial application to be present on or near to the land to which the prescribed plant protection product is to be applied so that that person is able to communicate with the pilot of the aircraft engaged in the aerial application for the purpose of ensuring the safe application of that plant protection product;

“local beekeepers' spray warning scheme” means any scheme for the advance notification of the application of prescribed plant protection products, organised by local beekeepers and notified to the Department;

“water” means any surface water.

(1)

S.I. 1985/1643

(2)

S.I. 1985/171 (N.I. 2)

(3)

S.I. 1985/170 (N.I. 1) amended by S.I. 1989/492 (N.I. 3)

(4)

1985 c. 48; sections 16 and 25(2)(b) were amended by the Pesticides (Fees and Enforcement) Act 1989 c. 27

(5)

The metric equivalent of one foot is 0.3048 metres (Council Directive 89/617/EEC, OJ No. L357, 7.12.89, p. 29)