9Grant of permit

9 Grant of permit

(1)  On receipt of an application under section 8 , the Secretary may –

(a) grant a permit to the applicant; or

(b) refuse to grant a permit to the applicant.

(2)  In determining whether or not to grant a permit, the Secretary is to consider –

(a) the location and purpose of the dealing with the GMO as proposed in the application; and

(b) the likely impact on market access for non-genetically modified crops and animals of the dealing with the GMO as proposed in the application; and

(c) the management regime for the GMO as proposed in the application; and

(d) any other matter the Secretary considers relevant.

(3)  The Secretary may grant a permit to a person who has not applied for one under section 8 if –

(a) the Minister has declared an area to be a GMO-free area under section 5 or has notified the Secretary that he or she intends to make such a declaration; and

(b) there is a GMO in that area; and

(c) the Secretary is satisfied that the person to whom the permit is to be issued is responsible for introducing the GMO to that area or has otherwise had dealings with the GMO.