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BIOLOGICAL CONTROL ACT 1985 - SECT 34
No legal proceedings to be instituted in respect of release of agent organisms in the State
34 No legal proceedings to be instituted in respect of release of
agent organisms in the State
(1) Subject to subsection (3), no action or other proceeding shall be
instituted or continued in any court-- (a) to prevent the release of
agent organisms in accordance with section 33, or
(b) to recover damages in
respect of any loss incurred, or any damage suffered, in a State or a
Territory by reason of the release of agent organisms in accordance with that
section.
(2) If, at the time at which organisms of a particular kind were
declared under section 27, 28, 29 or 32 to be agent organisms, there was in
force an order of a court relating to the release of organisms of that kind,
no action or other proceeding shall be instituted or continued in any court in
respect of that order in so far as the order purports to prohibit a person
from-- (a) releasing organisms of that kind in the State in accordance with
section 33, or
(b) doing anything to assist or further the release of
organisms of that kind in the State in accordance with section 33.
(3)
Nothing in subsection (1) prevents the institution or continuation in any
court of an action or other proceeding to recover damages in respect of any
loss incurred, or any damage suffered, by reason of the release of
agent organisms of a particular kind in accordance with section 33 where-- (a)
the loss incurred or the damage suffered was the result of the release having
had a significant effect on other organisms (not being organisms which the
release was intended to control),
(b) at the time of the release, the persons
in Australia having a reputation for special knowledge of the biology of
organisms of that kind knew, or had reasonable grounds to expect, that such a
release could have such an effect, and
(c) in making the declaration
declaring organisms of that kind to be agent organisms, the Authority did not
take into account (whether because of the state of scientific knowledge or
otherwise) the factor that such a release could have such an effect.
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