Commonwealth Consolidated Acts

BIOLOGICAL CONTROL ACT 1984 - SECT 30

             (1)  If the Authority is satisfied:

                     (a)  that an emergency exists because organisms of a particular kind (whether or not they are target organisms):

                              (i)  are having, or are likely to have, a serious effect on the health of humans, animals or plants in the Australian Capital Territory;

                             (ii)  are causing, or are likely to cause, harm in that Territory so as to result in significant damage to the economy; or

                            (iii)  are causing, or are likely to cause, significant damage to the environment in that Territory;

                     (b)  that the release of prescribed live organisms that are not agent organisms would control the first‑mentioned organisms; and

                     (c)  the release of the organisms of the second‑mentioned kind would not have any significant adverse effects;

the Authority, subject to subsection (1A), shall, by notice published in the Gazette , declare:

                     (d)  where the organisms of the first‑mentioned kind are not target organisms, the organisms of the first‑mentioned kind to be target organisms for the purposes of this Act; and

                     (e)  organisms of the second‑mentioned kind to be agent organisms for the purposes of this Act.

          (1A)  The Authority shall not make a declaration under subsection (1) in respect of an organism unless:

                     (a)  the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and

                     (b)  the Council has unanimously recommended that the declaration be made.

             (2)  A notice under subsection (1) declaring organisms of a particular kind to be agent organisms may set out particulars of the conditions under which those organisms may be released, which conditions may be or include:

                     (a)  conditions specifying the persons who may release those organisms; or

                     (b)  conditions specifying the circumstances in which those organisms may be released.