29Declarations of existing released organisms

29 Declarations of existing released organisms

(1)  If the Authority is satisfied that –

(a) [Section 29 Subsection (1) amended by No. 55 of 2016, s. 10, Applied:06 Dec 2016] before the commencement of this Act, prescribed organisms of a particular kind were released in Tasmania 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 first-mentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the second-mentioned kind being declared to be target organisms and the organisms of the first-mentioned 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 second-mentioned kind to be target organisms for the purposes of this Act; and

(d) organisms of the first-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 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.