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BIOLOGICAL CONTROL ACT 1985 - SECT 17
Inquiries relating to target organisms
(1) Where the Authority, after-- (a) complying with sections 15 and 16 in
respect of a target recommendation,
(b) consulting the Council regarding the
appropriateness of action under this section in respect of that
recommendation,
(c) considering the nature of, the proceedings in and the
findings of, any inquiry that the Authority considers relevant to the
recommendation (which may be an inquiry conducted on behalf of another State
or the Commonwealth), and
(d) considering any reports relating to the
recommendation made by any person or authority competent to do so that the
Authority considers relevant,
considers that there is evidence that a person
or the environment would be adversely affected by the control of organisms of
the kind to which the recommendation relates but an adequate investigation or
inquiry into the effect of such control has not been held, the Authority may--
(e) direct that an inquiry under Part 7 be conducted in respect of the
recommendation,
(f) request the Minister administering the Commonwealth Act
to arrange for the Minister who administers the Industries Assistance
Commission Act 1973 of the Commonwealth to refer the recommendation to the
Industries Assistance Commission for inquiry and report,
(g) arrange for a
Minister who administers any New South Wales legislation relating to the
protection of the environment to cause an inquiry to be conducted under that
legislation in respect of the recommendation, or
(h) request the Biological
Control Authority for another State or a Territory to arrange for a Minister
who administers any legislation of that State or Territory relating to the
protection of the environment to cause an inquiry to be conducted under that
legislation in respect of the recommendation.
(2) Action shall not be taken
under subsection (1) (e), (f), (g) or (h) in respect of a
target recommendation unless the Council, upon being consulted in accordance
with subsection (1) (b), has unanimously recommended that the action be taken.
(3) Where the Authority takes action under subsection (1) (e), (f), (g) or (h)
for an inquiry in relation to a target recommendation, the Authority shall not
take any further action under this Act in relation to that recommendation
unless and until the Authority has considered the report made as the result of
that inquiry.
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