29Declarations of existing released organisms

29 Declarations of existing released organisms

29 Declarations of existing released organisms

(1) If the Authority is satisfied that—

(a) before the commencement of this Act, prescribed organisms of a particular kind were released in New South Wales for the purpose of the control, by biological means, of organisms of another kind in the State, and

(b) if this Act had been in force before the release of the firstmentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the secondmentioned kind being declared to be target organisms and the organisms of the firstmentioned 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—

(c) organisms of the secondmentioned kind to be target organisms for the purposes of this Act, and

(d) organisms of the firstmentioned kind to be agent organisms for the purposes of this Act.

(2) 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.

(3) 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—

(a) conditions specifying the persons who may release those organisms, or

(b) conditions specifying the circumstances in which those organisms may be released.

s 29: Am 2016 No 27, Sch 1.2 [5].