Biological Control Act 1986

If the Authority is satisfied – that an emergency exists because organisms of a particular kind (whether or not they are target organisms) – are having, or are likely to have, a serious effect on the health of humans, animals, or plants in the State; are causing, or are likely to cause, harm in the State so as to result in significant damage to the economy; or are causing, or are likely to cause, significant damage to the environment in the State; that the release of prescribed organisms that are not agent organisms would control the first-mentioned organisms; and the release of the organisms of the second-mentioned kind would not have any significant adverse effects – 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 – where the organisms of the first-mentioned kind are not target organisms, the organisms of the first-mentioned kind to be target organisms for the purposes of this Act; and organisms of the second-mentioned kind to be agent organisms for the purposes of this Act.

The Authority shall not make a declaration under subsection (1) in respect of an organism unless – the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and the Council has unanimously recommended that the declaration be made.

A notice under subsection (1) declaring organisms of a particular kind to be agent organisms may set out particulars of the conditions under which those organisms may be released, which conditions may be or include – conditions specifying the persons who may release those organisms; or conditions specifying the circumstances in which those organisms may be released.