Biological Control Act 1986

Biological Control Act 1986

This Act may be cited as the Biological Control Act 1986.

This section and section 1 shall commence on the day on which this Act receives the Royal Assent.

Except as provided by subsection (1), this Act shall commence on such day as may be fixed by proclamation.

In this Act, unless the contrary intention appears – agent application means an application under section 20; agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27, 28, 29, or 32, that the organisms are agent organisms for the purposes of this Act; agent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act;Australia includes the external Territories (if any) in respect of which a declaration under section 4 (1) of the Commonwealth Act is in force;Authority means the Tasmanian Biological Control Authority established by section 8;Commonwealth Act means the Biological Control Act 1984 of the Commonwealth; control, in relation to organisms, includes – reduce the number of those organisms; prevent an increase in the number of those organisms; reduce the activity or appetite of some or all of those organisms; and modify the behaviour or characteristics of some or all of those organisms;Council means the body known as the Agriculture and Resource Management Council of Australia and New Zealand, whether known by that name or any other name; kind, in relation to live organisms, or viruses or sub-viral agents, means species, subspecies or variety; organism means – an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or a part of, or matter discharged from, an organism within the meaning of paragraph (a); or a virus or sub-viral agent; organization includes – a body corporate; an association or other body of persons; and an association that consists of 2 or more organizations referred to in paragraphs (a) and (b); person includes an organization; prescribed organisms means organisms that are – live organisms; or viruses or sub-viral agents; relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act;State means – a State of the Commonwealth; or the Northern Territory of Australia; target application means an application under section 11; target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18, 28, 29, or 32, that the organisms are target organisms for the purposes of this Act; target recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act;Territory means a Territory referred to in section 122 of the Constitution of the Commonwealth but does not include the Northern Territory of Australia.

For the purposes of this Act, organisms of a particular kind shall be taken to cause harm if the control of those organisms would be for the public benefit.

For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the State if they cause harm in a part or parts only of the State.

For the purposes of this Act – a recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council is in session; a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council; an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and where a person is authorized to act as a member of the Council in place of another person, then, while the first-mentioned person is so acting, the first-mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.

A reference in this Act to a recommendation by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act includes a reference to a recommendation that organisms of a particular kind should be so declared if organisms to which a target recommendation applies are declared to be target organisms for the purposes of this Act.

In this Act, a reference to – a function includes a reference to a power, authority and duty; and the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

For the purposes of this Act, organisms of a particular kind shall be taken to be controllable by biological means if, and only if, those organisms can be controlled by the release of prescribed organisms of another kind.

Where a law of the Commonwealth or of a State other than Tasmania – provides for the control by biological means of organisms causing harm; and establishes an authority having similar functions to those of the Authority – the Authority may, by notice published in the Gazette, declare that law to be a relevant law for the purposes of this Act.

A declaration shall not be made under subsection (1) in respect of a law unless the Minister administering that law consents in writing to the declaration being made.

A declaration made under subsection (1) shall cease to have effect in respect of a law if that law ceases to be a law described in subsection (1)(a) and (b).

This Act binds the Crown not only in right of this State but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.

The fact that certain functions of the Authority under this Act cannot be exercised except on the recommendation of the Council does not imply that the only kinds of organisms that may for the purposes of this Act be regarded as causing harm are kinds that are harmful by reason of their effect on agriculture.

For the purposes of this Act, a Tasmanian Biological Control Authority is established by this section.

The Authority shall be the Minister of the Crown of the State of Tasmania who is for the time being a member of the Council.

The Authority may, be instrument in writing, delegate to an officer of the Department the exercise of any of the functions of the Authority under this Act, other than – the exercise of the functions of the Authority under section 17, 18, 26, 27, 28, 29, 31, 32, 36, or 51; or this power of delegation.

A function the exercise of which has been delegated under this section may, while the delegation remains unrevoked, be exercised from time to time by the delegate in accordance with the terms of the delegation.

Notwithstanding any delegation under this section, the Authority may continue to exercise any function delegated.

A delegation under this section may be made subject to such conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as are specified in the instrument of delegation.

Any act or thing done or suffered by a delegate acting in the exercise of a delegation under this section has the same force or effect as it would have if it had been done or suffered by the Authority and shall be deemed to have been done or suffered by the Authority.

The Authority may, by instrument in writing, revoke wholly or in part any delegation under this section.

An instrument purporting to have been signed by a person in the capacity of delegate of the Authority shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument duly executed by the Authority and shall, unless the contrary be proved, be deemed to be an instrument signed by a delegate of the Authority.

Subject to and in accordance with this Part, organisms of a particular kind may be declared to be target organisms for the purposes of this Act.

Action for the declaration of target organisms in accordance with this Part may be commenced by – a unanimous recommendation being made to the Authority by the Council; or an application being made under section 11.

Where a person considers that organisms of a particular kind are causing harm in the State and are, or are likely to be, controllable by biological means, the person may make an application to the Authority for a declaration that organisms of that kind are target organisms for the purposes of this Act.

A target application shall be in writing signed – in the case of an application by a natural person – by the applicant; or in any other case – by a natural person authorized by the applicant to do so.

A target application in relation to organisms of a particular kind shall set out – particulars identifying the organisms; particulars of the reasons why the organisms are considered to be causing harm in the State; particulars of the reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and such other particulars (if any) as are prescribed.