New South Wales Consolidated Acts

BIOLOGICAL CONTROL ACT 1985 - SECT 35

35 No legal proceedings to be instituted in respect of release of agent organisms under a relevant law

(1) Subject to subsection (4), no action or other proceeding shall be instituted or continued in any court to recover damages in respect of any loss incurred, or any damage suffered, in the State by reason of the release of organisms in accordance with a relevant law.

(2) Subject to subsection (4), no action or other proceeding shall be instituted or continued in any court:

(a) to prevent the release of organisms in accordance with a relevant law, or

(b) to recover damages in respect of any loss incurred, or any damage suffered, in another State or a Territory by reason of the release of organisms in accordance with a relevant law.

(3) If, at the time at which prescribed live organisms of a particular kind became organisms that could be released in accordance with a relevant law, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to restrict a person from:

(a) releasing organisms of that kind in accordance with that law, or

(b) doing anything to assist or further the release of organisms of that kind in accordance with that law.

(4) Nothing in subsection (1) or (2) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of organisms of a particular kind in accordance with a relevant law where:

(a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control),

(b) at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect, and

(c) in making the declaration by virtue of which organisms of that kind became organisms that could be released in accordance with the relevant law, the authority established by that law did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.