Commonwealth Numbered Acts

Biological Control Act 1984 No. 139 of 1984 - SECT 29

29. (1) Where the Authority, after-

   (a)  complying with the preceding provisions of this Part in relation to an
        agent recommendation; and

   (b)  considering all reports and other matters relating to that
        recommendation that the Authority considers it appropriate to
        consider, is satisfied-

   (c)  that the release of organisms of the kind to which the recommendation
relates (in this sub-section referred to as the "relevant organisms") could
result in the control of target organisms of a particular kind or kinds in the
Australian Capital Territory; and

   (d)  that-

        (i)    the release of the relevant organisms would not cause any
               significant harm to any person or to the environment, other
               than the harm (if any) resulting from the control throughout
               Australia of target organisms of that kind or those kinds; or

        (ii)   any harm caused to persons or to the environment by the release
               of the relevant organisms, other than the harm (if any)
               resulting from the control throughout Australia of
               target organisms of that kind or those kinds, would be
               significantly less than-

                (A)  the harm caused, or likely to be caused, by failure to
                     control target organisms of that kind or those kinds
                     throughout Australia; and

                (B)  where target organisms of that kind or those kinds can be
                     controlled by the release of other organisms or otherwise
                     than by biological means-the harm (if any) caused, or
                     likely to be caused, by controlling target organisms of
                     that kind or those kinds throughout Australia by the
                     release of those other organisms or by those other means,
                     the Authority shall, by notice published in the Gazette,
                     declare the relevant organisms to be agent organisms for
                     the purposes of this Act.

(2) A notice under sub-section (1) declaring organisms of a particular kind to
be agent organisms may set out 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.

(3) In paragraph (1) (d), "Australia" has the same meaning as it has in
paragraph 20 (1) (e).