7AApproval of licensed GM food plants for commercial cultivation

7A Approval of licensed GM food plants for commercial cultivation

7A Approval of licensed GM food plants for commercial cultivation

(1) On application by a representative of a relevant industry the Minister may, by order published in the Gazette, declare that a specified licensed GM food plant, or class of licensed GM food plants, is approved for commercial cultivation in all or part of New South Wales.

(2) The application must—

(a) be made in writing, and

(b) address the criteria specified in subsection (3), and

(c) be accompanied by the fee (if any) prescribed by the regulations, and

(d) be supported by documentation verifying the applicant’s status as a representative of the relevant industry concerned.

(3) The Minister must not make a declaration under this section unless the Minister is satisfied that the relevant industry meets the following criteria—

(a) the relevant industry has adequately identified the requirements demanded by key domestic and international markets for the GM food plant,

(b) the relevant industry has identified the threshold levels for the accidental or unintended presence of GM traits in food plants that are acceptable in those key domestic and international markets,

(c) the relevant industry has, or is capable of having, supply chain management processes in place that adequately address those requirements, including (if it is a market requirement that GM food plants and non-GM food plants be segregated) processes to segregate GM food plants and non-GM food plants,

(d) any approvals or any other form of authorisation required by or under any law of the key domestic or international markets relating to the importation of GM food plants have been, or can be, obtained,

(e) the relevant industry meets any other criteria prescribed by the regulations.

(4) Before making a declaration under this section, the Minister must request the Expert Committee to provide advice (not later than 28 days after the request) in relation to whether or not—

(a) the relevant industry meets the criteria referred to in subsection (3), and