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BIOLOGICAL CONTROL ACT 1985 - SECT 31
Inquiries relating to declarations under section 29
31 Inquiries relating to declarations under section 29
(1) Where the Authority-- (a) is contemplating making a declaration under
section 29, and
(b) after-- (i) consulting the Council regarding the
appropriateness of action under this section in respect of the contemplated
declaration,
(ii) considering the nature of, the proceedings in and the
findings of, any inquiry that the Authority considers relevant (which may be
an inquiry conducted on behalf of another State or the Commonwealth), and
(iii) considering any reports 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 declaration would relate but an adequate
investigation or inquiry into the effect of such a release has not been held,
the Authority may-- (c) direct that an inquiry under Part 7 be conducted in
respect of the contemplated declaration,
(d) 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 contemplated declaration to the Industries Assistance Commission for
inquiry and report,
(e) 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 contemplated
declaration, or
(f) 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
contemplated declaration.
(2) Action shall not be taken under subsection (1)
(c), (d), (e) or (f) in respect of a contemplated declaration unless the
Council, upon being consulted in accordance with subsection (1) (b) (i), has
unanimously recommended that the action be taken.
(3) Where the Authority
takes action under subsection (1) (c), (d), (e) or (f) for an inquiry in
respect of a contemplated declaration, the Authority shall not make that
declaration unless and until the Authority has considered the report made as
the result of the inquiry.
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