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BIOLOGICAL CONTROL ACT 1985 - SECT 29
Declarations of existing released organisms
29 Declarations of existing released organisms
(1) If the Authority is satisfied that-- (a) before the commencement of this
Act, prescribed organisms of a particular kind were released in New South
Wales for the purpose of the control, by biological means, of organisms of
another kind in the State, and
(b) if this Act had been in force before the
release of the firstmentioned organisms, it is probable that action would have
been taken under this Act that would have resulted in the organisms of the
secondmentioned kind being declared to be target organisms and the organisms
of the firstmentioned kind being declared to be agent organisms,
the
Authority, subject to subsection (2), may, by notice published in the Gazette
(and, if the Council has so recommended, in the Commonwealth Gazette),
declare-- (c) organisms of the secondmentioned kind to be target organisms for
the purposes of this Act, and
(d) organisms of the firstmentioned kind to be
agent organisms for the purposes of this Act.
(2) 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.
(3) A notice under
subsection (1) declaring organisms of a particular kind to be agent organisms
may set out conditions under which the 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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