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This Act may be cited as the Biological Control Act 1986 1.
This Act shall come into operation on a day to be fixed by proclamation 1.
In this Act, unless the context otherwise requires —
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 Biological Control Authority of Western Australia 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; and
prevent an increase in the number of those organisms; and
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 —
subject to paragraph (b), the Agriculture and Resource Management Council of Australia and New Zealand, whether known by that or any other name; or
if another body is prescribed by regulations for the purposes of this definition, that other body;
kind, in relation to live organisms, viruses or sub‑viral agents, means species, sub‑ species 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 a sub‑viral agent;
organization includes —
a body corporate; and
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;
but
does not include live vaccines or resistant cultivars;
relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act;
State includes the Northern Territory and the Australian Capital Territory;
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 does not include the Northern Territory or the Australian Capital Territory.
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 was in session; and
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; and
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 authorised to act as a member of the Council in place of another person, then, while the firstmentioned person is so acting, the firstmentioned 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.
[Section 3 amended: No. 13 of 1996 s. 4; No. 55 of 2004 s. 64; No. 39 of 2016 s. 4.]
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.
[Section 4 amended: No. 39 of 2016 s. 5.]
Where a law of the Commonwealth or of a State other than Western Australia —
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 Western Australia but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Crown in right of Western Australia or in any other capacity liable to be prosecuted for an offence.
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 Biological Control Authority of Western Australia is established by this section.
The Authority shall be the Minister of the Crown of the State of Western Australia who is for the time being a member of the Council.
The Authority may delegate to an officer of the Department of Agriculture 2 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 delegation under this section —
shall be in writing; and
may be general or limited; and
may be revoked, wholly or partly, by the Authority.
A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.
A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Authority.
A delegation under this section does not prevent the exercise of a function by the Authority.
A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
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 authorised by the applicant to do so.
A target application in relation to organisms of a particular kind shall set out —
particulars identifying the organisms; and
particulars of the reasons why the organisms are considered to causing harm in the State; and
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.
A person who has made a target application may withdraw that application at any time before the application is referred to the Council under section 13(1).
The withdrawal of a target application shall be effected by the making of a request for withdrawal to the Authority in writing signed —
in the case of an application by a natural person — by the person who signed the application or by the legal personal representative of that person; or
in any other case — by the person who signed the application or by a person authorised by the applicant to sign the request.