57Criteria for determining geographical indications

57 Criteria for determining geographical indications

Determining the area and identifying its boundaries (1) For the purposes of subsection 40T(2) of the Act, the Geographical Indications Committee is to have regard to the following criteria in deciding whether to determine an area, and in identifying the boundaries of the area: (a) whether the area usually produces at least 500 tonnes of wine grapes in a year; (b) whether the area includes at least 5 wine grape vineyards of at least 5 hectares each that do not have any common ownership (whether or not it also includes smaller vineyards); (c) whether the area is a single tract of land; (d) the degree to which the grape growing attributes of the area are: (i) uniform; and (ii) different from the grape growing attributes of neighbouring areas; (e) the history of the founding and development of the area (as ascertained from local government records, newspaper archives, books, maps or other relevant material); (f) natural features within or near the area, including rivers, valleys, hills and other topographical features; (g) constructed features within or near the area, including roads, railways, towns and buildings; (h) if an application was made to the Committee under section 40R of the Act—the boundary of the area suggested in the application; (i) the degree to which the geological formation of the area is: (i) uniform; and (ii) different from the geological formation of neighbouring areas; (j) the degree to which the climate of the area is uniform, having regard to the temperature, atmospheric pressure, humidity, rainfall, number of hours of sunshine and any other weather conditions experienced in the area throughout the year; (k) whether the date on which harvesting a particular variety of wine grapes is expected to begin in the area is the same as the date on which harvesting grapes of the same variety is expected to begin in neighbouring areas; (l) whether all of the area is within a natural drainage basin; (m) whether water is available from an irrigation scheme: (i) to a similar extent throughout the area; and (ii) to a different extent compared to availability in neighbouring areas; (n) the degree to which the elevation of the area is: (i) uniform; and (ii) different from the elevation of neighbouring areas; (o) whether there are any plans for the development of the area proposed by Commonwealth, State or municipal authorities and, if so, whether the development would affect the uniformity of the area or its distinctness from neighbouring areas; (p) whether there are any relevant traditional divisions within the area; (q) whether there is a common history of grape and wine production in the area, and whether this differs from the history in neighbouring areas.

Note: In determining a geographical indication under subsection 40Q(1) of the Act, the Committee is not prohibited under the Act from having regard to any other relevant matters.