34No legal proceedings to be instituted in respect of release of agent organisms in the State

34 No legal proceedings to be instituted in respect of release of agent organisms in the State

34 No legal proceedings to be instituted in respect of release of agent organisms in the State

(1) Subject to subsection (3), no action or other proceeding shall be instituted or continued in any court—

(a) to prevent the release of agent organisms in accordance with section 33, or

(b) to recover damages in respect of any loss incurred, or any damage suffered, in a State or a Territory by reason of the release of agent organisms in accordance with that section.

(2) If, at the time at which organisms of a particular kind were declared under section 27, 28, 29 or 32 to be agent organisms, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to prohibit a person from—

(a) releasing organisms of that kind in the State in accordance with section 33, or

(b) doing anything to assist or further the release of organisms of that kind in the State in accordance with section 33.

(3) Nothing in subsection (1) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of agent organisms of a particular kind in accordance with section 33 where—

(a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control),

(b) at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect, and

(c) in making the declaration declaring organisms of that kind to be agent organisms, the Authority did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.

s 34: Am 1986 No 16, Sch 4.