30Emergency declarations

30 Emergency declarations

(1) If the Authority is satisfied: (a) that an emergency exists because organisms of a particular kind (whether or not they are target organisms): (i) are having, or are likely to have, a serious effect on the health of humans, animals or plants in the Australian Capital Territory; (ii) are causing, or are likely to cause, harm in that Territory so as to result in significant damage to the economy; or (iii) are causing, or are likely to cause, significant damage to the environment in that Territory; (b) that the release of prescribed organisms that are not agent organisms would control the first‑mentioned organisms; and (c) the release of the organisms of the second‑mentioned kind would not have any significant adverse effects; the Authority, subject to subsection (1A), shall, by notice published in the Gazette, declare: (d) 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 (e) organisms of the second‑mentioned kind to be agent organisms for the purposes of this Act. (1A) The Authority shall not make a declaration under subsection (1) in respect of an organism unless: (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and (b) the Council has unanimously recommended that the declaration be made. (2) 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: (a) conditions specifying the persons who may release those organisms; or (b) conditions specifying the circumstances in which those organisms may be released.