Victorian Consolidated Legislation

Control of Genetically Modified Crops Act 2004 - SECT 4

PART 2 ORDERS DESIGNATING AREAS

Minister may make orders designating areas

4. Minister may make orders designating areas



(1) The Minister may make an order designating an area of the State (which may
be all or part of the State) as-

   (a)  an area in which GM crops, or a specified class of GM crops, must not
        be cultivated; or

   (b)  an area in which GM crops must not be cultivated unless they are of a
        specified class; or

   (c)  the only area of the State in which a specified class of GM crops may
        be cultivated-

for the purpose of preserving the identity of GM crops or non-GM crops for
marketing purposes.

(2) An order may also-

   (a)  impose conditions on the cultivation of GM crops or the specified
        class of GM crops in the designated area; or

   (b)  prohibit or impose conditions on any other dealing with GM crops or
        the specified class of GM crops, or with GM crop related material,
        irrespective of where those crops were cultivated or the dealing takes
        place-

for the purpose of preserving the identity of GM crops or non-GM crops for
marketing purposes.

(3) The conditions may relate to one or more of the following matters-

   (a)  compliance with systems to ensure the segregation of GM crops and
        GM crop related material from non-GM crops and non-GM crop related
        material (for example, restricting the use of areas adjacent to the
        area in which GM crops are cultivated to prevent commingling of
        crops);

   (b)  compliance with specified crop management plans or industry
        guidelines;

   (c)  record-keeping, reporting and notification requirements;

   (d)  risk management and contingency planning;

   (e)  auditing requirements;

   (f)  the payment of prescribed fees relating to the administration of this
        Act;

   (g)  any other matter.

Note It is an offence to contravene an order (see section 17).