Commonwealth Consolidated Acts

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BIOLOGICAL CONTROL ACT 1984 - SECT 30

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 Australian Capital Territory;

  (ii)   are causing, or are likely to cause, harm in that Territory 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 that Territory;

  (b)   that the release of prescribed organisms that are not agent organisms would control the first - mentioned organisms; and

  (c)   the release of the organisms of the second - mentioned kind would not have any significant adverse effects;

the Authority, subject to subsection   (1A), shall, by notice published in the Gazette , declare:

  (d)   where the organisms of the first - mentioned kind are not target organisms, the organisms of the first - mentioned kind to be target organisms for the purposes of this Act; and

  (e)   organisms of the second - mentioned kind to be agent organisms for the purposes of this Act.

  (1A)   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.

  (2)   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.



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