Biological Control Act 1986

If the Authority is satisfied that – before the commencement of this Act, prescribed organisms of a particular kind were released in Tasmania for the purpose of the control, by biological means, of organisms of another kind in the State; and if this Act had been in force before the release of the first-mentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the second-mentioned kind being declared to be target organisms and the organisms of the first-mentioned kind being declared to be agent organisms – the Authority, subject to subsection (2), may, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare – organisms of the second-mentioned kind to be target organisms for the purposes of this Act; and organisms of the first-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 conditions under which the 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.