Biological Control Act 1986

Where the Authority, after – complying with the preceding provisions of this Part in relation to a target recommendation; considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and consulting the Council regarding the appropriateness of action under this section in respect of that recommendation – is satisfied – that organisms of the kind to which the recommendation relates are causing harm in Tasmania; that organisms of that kind are, or that there is a probability that organisms of that kind are likely to be, controllable by biological means; and that – the control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or any harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind thoughout Australia – the Authority, subject to subsection (2), shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare organisms of that kind to be target organisms for the purposes of this Act.

The Authority shall not make a declaration under subsection (1) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1)(c), has unanimously recommended that the declaration be made.