PART 1 | 1. This Act is the Control of Vectors and Pesticides Act 1998. |
2. In this Act, unless the context otherwise requires —| “active ingredient” means any substance contained in a pesticide or vector repellent which is responsible for the effect that the pesticide or vector repellent has on vectors; |
| “advertise” means to advertise, directly or indirectly, by means of spoken words or any form of printed or written matter or any other medium; |
| “Agency” means the National Environment Agency established under the National Environment Agency Act 2002; |
| “authorised officer” means any person appointed by the Director‑General of Public Health under section 4(2); |
| “auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002; |
| “competent authority” means a competent authority appointed under section 5 of the Planning Act 1998; |
| “container” includes anything in or by which a pesticide or vector repellent may be cased, covered, enclosed, contained or packed before application; and, in the case of a pesticide or vector repellent which is sold or carried or intended for sale or carriage in more than one container, includes every such container; |
| “Director-General” means the Director‑General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987; |
| “label”, in relation to the container or package of a pesticide or vector repellent, means any written, pictorial or other descriptive matter marked on or affixed to the container or package; |
| “Medical Officer of Health” means any registered medical practitioner who is engaged in vector control or epidemiological duties; |
“occupier” —| (a) | in relation to any premises, vessel or aircraft, means the person in occupation of the premises, vessel or aircraft or having the charge, management or control thereof, either on the person’s own account or as agent of another person; and | | (b) | in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part; |
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“owner” —| (a) | in relation to any premises, vessel or aircraft, means the person for the time being receiving the rent of the premises, vessel or aircraft, whether on the person’s own account or as agent, trustee or receiver, or who would receive the rent if the premises, vessel or aircraft were let or chartered, and, in relation to any premises, includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; | | (b) | in relation to any premises where building works are being carried out, includes the developer; | | (c) | in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the management corporation having control of the building, a managing agent appointed by a management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that management corporation; | | (d) | in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the subsidiary management corporation having control of that limited common property, and a managing agent appointed by a subsidiary management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that subsidiary management corporation; and | | (e) | in relation to the common property of any building sold under Part 4 of the Housing and Development Act 1959, means the Town Council which is liable for the maintenance and management of that common property; |
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“package”, in relation to any pesticide or vector repellent —| (a) | means any box, packet or other article in which one or more containers of the pesticide or vector repellent are or are to be enclosed; and | | (b) | where any such box, packet or other article is or is to be itself enclosed in one or more boxes, packets or other articles, includes each of such boxes, packets or articles; |
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| “pesticide” means any solid, liquid or gaseous substance or mixture or preparation of those substances, containing one or more active ingredients and used for vector control, but does not include any fumigant controlled under the Hydrogen Cyanide (Fumigation) Act 1947; |
| “premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for employment or any other purpose; |
| “registrant” means a person to whom the registration of a pesticide or vector repellent has been granted under section 7; |
| “sell” means to sell by way of retail or wholesale dealing and includes barter, offering or attempting to sell, receiving for sale, having in possession for sale, exposing for sale, sending or delivering for sale, and causing or allowing to be sold, offered or exposed for sale; |
| “supply” includes having in possession for the purpose of supply; |
| “use” includes any act of handling, operating, dispensing, preparation, application, storage and disposal; |
“vector” means — | (a) | any insect, including its egg, larva and pupa; and | | (b) | any rodent, including its young, |
| carrying or causing, or capable of carrying or causing any disease to human beings; |
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| “vector control” means the destruction, or the prevention of the propagation or harbouring, of vectors; |
| “vector control operator” means a person who, in the course of any trade or business, undertakes or engages in vector control work; |
| “vector control technician” means a person who, for reward or under a contract of employment, carries out or supervises the carrying out of any vector control work; |
| “vector control work” means any work carried out for the purpose of vector control; |
| “vector control worker” means any person who, for reward or under a contract of employment, carries out any vector control work under the supervision of a vector control technician; |
| “vector repellent” means any solid, liquid or gaseous substance, or mixture or preparation of those substances, containing one or more active ingredients and used or intended to be used for repelling vectors; |
| “vessel or aircraft” includes any vessel or aircraft of any class or description. [47/2004; 4/2016] |
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| 3. This Act binds the Government. |
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