A helicopter spraying company has been ordered to pay $72,750 in fines and costs after herbicide drifted onto two large eucalyptus trees at Bendemeer, north of Tamworth.
The NSW Environment Protection Authority (EPA) prosecuted Air Precision Pty Ltd, a Barraba based business trading as Precision Helicopters, for the pesticide overspray, which occurred in February 2023.
NSW EPA Director of Field Operations Scott Kidd said the EPA responded swiftly thanks to a timely report from property owners who witnessed the application and the subsequent harm to their trees.
“In early March 2023, we were contacted by an individual who reported trees on their property had been affected by pesticide overspray from a helicopter,” Mr Kidd said.
“EPA officers confirmed agricultural chemicals used to manage blackberry and St John’s Wort were present in samples taken from the trees.
“A thorough investigation into the incident confirmed this harm was done as a result of brand name herbicides Grazon Extra and Bow Saw being sprayed from a helicopter.”
Pesticides are assessed and approved for use by the Australian Pesticides and Veterinary Medicines Authority in Armidale, while the EPA regulates the use of pesticides in NSW beyond the point of sale. In NSW, a person must not use a pesticide in a manner that harms any non-target animal or plant. Spray drift is a very serious matter but is usually much more significant than two trees for the matter to be brought to court.
The case was heard in Tamworth Local Court on 23 and 24 July, with Judge Julie Soars ordering the company to pay a fine of $12,750 for the temporary harm to the trees and $60,000 for the EPA’s professional costs.
“The pilot was not able to demonstrate flight paths or buffer zones and admitted to spraying the chemicals ‘by eye’,” Mr Kidd said.
“This is a timely reminder for anyone applying pesticides to keep comprehensive records and to always stick to the pesticide label instructions, which are legally binding requirements for their use.”
Precision Helicopters was contacted for comment but did not respond by the time of publishing.
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