New South Wales Consolidated Acts

BIOLOGICAL CONTROL ACT 1985 - SECT 27

27 Declaration of agent organisms

(1) Where the Authority, after:

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

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

(c) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation,

is satisfied:

(d) that the release of organisms of the kind to which the recommendation relates (in this subsection referred to as the "relevant organisms") could result in the control of target organisms of a particular kind or kinds in the State,

(e) 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, subject to subsection (2), shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare the relevant organisms to be agent organisms for the purposes of this Act.

(2) The Authority shall not make a declaration under subsection (1) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1) (c), has unanimously recommended that the declaration be made.

(3) A notice under subsection (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.