New South Wales Consolidated Acts

BIOLOGICAL CONTROL ACT 1985 - SECT 28

28 Emergency declarations

(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 State,

(ii) are causing, or are likely to cause, harm in the State 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 the State,

(b) that the release of prescribed live organisms that are not agent organisms would control the firstmentioned organisms, and

(c) the release of the organisms of the secondmentioned kind would not have any significant adverse effects,

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:

(d) where the organisms of the firstmentioned kind are not target organisms, the organisms of the firstmentioned kind to be target organisms for the purposes of this Act, and

(e) organisms of the secondmentioned kind 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 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.

(3) 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.