28Emergency declarations

28 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 State;

(ii) are causing, or are likely to cause, harm in the State 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 the State;

(b) [Section 28 Subsection (1) amended by No. 55 of 2016, s. 9, Applied:06 Dec 2016] 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 (2) , shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth 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.

(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 particulars of the conditions under which those organisms may be released, which conditions may be or include –