New South Wales Consolidated Acts

BIOLOGICAL CONTROL ACT 1985 - SECT 26

26 Inquiries relating to agent organisms

(1) Where the Authority, after--

(a) complying with sections 24 and 25 in respect of an agent 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 under Part 7 in respect of a target recommendation or 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 release of organisms of the kind to which the recommendation relates but an adequate investigation or inquiry into the effect of such a release 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 an agent recommendation unless the Council, upon being consulted in accordance with subsection (1) (b), has unanimously recommended that the action be taken.

(3) An inquiry by virtue of subsection (1) in respect of an agent recommendation that recommends that organisms of a particular kind should be declared to be agent organisms if organisms to which a target recommendation applies are declared to be target organisms and an inquiry by virtue of section 17 (1) in respect of the target recommendation may be conducted as if they were one inquiry.

(4) Where the Authority takes action under subsection (1) (e), (f), (g) or (h) for an inquiry in relation to an agent 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.