§ 211 — Criteria for appointment

211.—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be appointed as a certified pesticide operator;

(b)

the conditions to impose upon appointment as a certified pesticide operator;

(c)

whether to modify any condition of an appointment as a certified pesticide operator.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant —(i)

possesses the qualifications and practical experience prescribed in the pesticide control regulations; and

(ii)

is a suitable individual to be a certified pesticide operator;

(b)

the applicant’s compliance history with any of the following so far as that relates to the applicant carrying out any prescribed pesticide work to which the applicant’s application relates:(i)

the conditions of any appointment or previous appointment as a certified pesticide operator;

(ii)

any provision of this Act applicable to the applicant;

(iii)

any provision of a code of practice applicable to the applicant;

(c)

whether regulatory action under section 213 has been or is being taken or is contemplated against the applicant;

(d)

any available information as to whether or not the applicant has been convicted or found guilty of any relevant offence within the meaning of section 213(3);

(e)

whether it is otherwise not in the public interest of Singapore for the applicant to be or continue to be a certified pesticide operator.

(3) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be appointed as a certified pesticide operator;

(b)

the conditions to impose upon appointment as a certified pesticide operator;

(c)

whether to modify any condition of an appointment as a certified pesticide operator.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant —(i)

possesses the qualifications and practical experience prescribed in the pesticide control regulations; and

(ii)

is a suitable individual to be a certified pesticide operator;

(b)

the applicant’s compliance history with any of the following so far as that relates to the applicant carrying out any prescribed pesticide work to which the applicant’s application relates:(i)

the conditions of any appointment or previous appointment as a certified pesticide operator;

(ii)

any provision of this Act applicable to the applicant;

(iii)

any provision of a code of practice applicable to the applicant;

(c)

whether regulatory action under section 213 has been or is being taken or is contemplated against the applicant;

(d)

any available information as to whether or not the applicant has been convicted or found guilty of any relevant offence within the meaning of section 213(3);

(e)

whether it is otherwise not in the public interest of Singapore for the applicant to be or continue to be a certified pesticide operator.

(3) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.