The Hydroponics Industry Control Act, 2009 came into operation on 1 March 2010. The Act requires the licensing of Hydroponics businesses that sell 'prescribed equipment' and employees of those businesses to be 'approved' to carry out duties in relation to the sale of any 'prescribed equipment'. The licensee, including directors of a business, and employees will be required to undergo a fit and proper person check by the South Australia Police as part of the licence or approval application. The Commissioner of Police will be the licensing authority for the Act. This website will provide ongoing information in relation to Licensing, approval for employees, Ministerial Exemptions and further details of the working of the legislation. An Overview of the Act and Frequently Asked Questions (FAQ) are available to be viewed or printed. If you are unsure as to the legal consequences of the new legislation it is recommended you seek independent legal advice.
Any further enquiries can be made via the Licensing Enforcement Branch, who can be contacted at: sapol.hydroponics@police.sa.gov.au or by telephone (08) 8204 2142. Prescribed hydroponic equipment The requirement to be licensed under the Hydroponics Industry Control Act will relate to carrying on the business of selling prescribed equipment by retail. Under the Act hydroponic equipment means - equipment that is designed to be used, or is of a kind that is commonly used, for a purpose related to the cultivation of plants using hydroponic methods. Under Regulations, the following hydroponic equipment is declared to be prescribed equipment: | (a) | metal halide lights, high pressure sodium lights and mercury vapour lights of 400 watts or greater; | | (b) | ballast boxes designed or intended for use in association with a light of a kind referred to in (a) | | (c) | devices (including control gear, lamp mounts and reflectors) designed to amplify light or heat and capable of being used in association with a light of a kind referred to in (a); | | (d) | carbon filters designed to filter air within a room, or from 1 area of a building to another or to outside; | | (e) | units designed to contain plants and rotate around a light source so that the plants grow hydroponically while being exposed to a consistent degree of light or heat or both. |

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