New South Wales Consolidated Acts

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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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