Genetically Modified Crops Management Act 2004 (SA)

South Australia Genetically Modified Crops Management Act 2004 An Act to provide for the designation of areas of the State for the purposes of preserving for marketing purposes the identity of certain food crops according to whether they are genetically modified crops or non-genetically modified crops; to provide for the segregation of genetically modified food crops and their products in appropriate cases; to provide for associated regulatory powers; to provide certain protections with respect to the spread of genetically modified plant material; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Declared thresholds Part 2—Preservation of identity of crops 5 Designation of areas 5A Designation of council areas 6 Exemptions 7 Related matters Part 3—Administration Division 1—GM Crop Advisory Committee 8 Establishment of Advisory Committee 9 Membership of Advisory Committee 10 Terms and conditions of membership 11 Remuneration 12 Conflict of interest under Public Sector (Honesty and Accountability) Act 13 Validity of acts 14 Procedures 15 Expert and other assistance Division 2—Inspectors and powers of inspection 16 Appointment of inspectors 17 Powers of inspectors and related matters Part 4—Miscellaneous 18 Orders for destruction of crops or material 19 Power of delegation 20 False or misleading information 21 Proceedings for offences 22 Offences by bodies corporate 23 Continuing offence 24 Orders on conviction for an offence 25 Evidentiary provision 26 Immunity from liability 27 Special protection from liability for the spread of genetically modified plant material 28 Regulations 29 Review of Act Schedule 1—Transitional provisions 1 Interim controls 2 Crops established before commencement of Act 3 Other provisions Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Genetically Modified Crops Management Act 2004. 3—Interpretation (1) In this Act, unless the contrary intention appears— Advisory Committee means the GM Crop Advisory Committee established under Part 3 Division 1; cultivate, in relation to a genetically modified food crop, includes— (a) to breed, germinate, propagate, grow, raise, culture, harvest or collect plants, or plant material, for, or as part of, that crop; (b) to spread, disseminate, deal with or dispose of any plant or plant material that has formed part of that crop; (c) to undertake any other activity brought within the ambit of this definition by the regulations, but does not include— (d) to use a product derived from a crop as feed in prescribed circumstances; or (da) to transport a genetically modified food crop or any plant or plant material that has formed, or is to form, part of a genetically modified food crop; or (e) any other activity excluded from the ambit of this definition by the regulations; deal with, in relation to a crop, GMO or other material, has a meaning that corresponds to deal with a GMO under the Gene Technology Act 2001; Department means the department of the Minister to whom the administration of this Act has been committed; designated area—see sections 5 and 5A; exemption notice means an exemption notice under section 6; food crop means a crop which, or any part or product of which, may be used— (a) for human consumption; or (b) for livestock consumption, whether or not after processing (and including as an ingredient for human consumption or livestock consumption); genetically modified food crop means a food crop that consists of or includes plants— (a) that are genetically modified organisms; or (b) that are derived or produced from genetically modified organisms; or (c) that have inherited from other plants particular traits that occurred in those other plants because of gene technology; genetically modified organism or GMO means a genetically modified organism within the meaning of the Gene Technology Act 2001; gene technology has the same meaning as in the Gene Technology Act 2001; GMO licence has the same meaning as in the Gene Technology Act 2001; GM related material means any material, product or thing derived from, or used in connection with, a genetically modified food crop; inspector means a person appointed to be an inspector under Part 3 Division 2; livestock means any animal which, or any part or product of which, may be used for human consumption, whether or not after processing (and including as an ingredient of food for human consumption); occupier, in relation to land, includes a licensee and the holder of any right at law to use the land, but does not include a mortgagee in possession unless the mortgagee assumes active management of the land; owner of land means— (a) if the land is unalienated from the Crown—the Crown; or (b) if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or (c) if the land is held from the Crown by lease or licence—the lessee or licensee; or (d) if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; plant includes the seed or any part of a plant whether living or dead and whether attached to a plant or not. (2) For the purposes of this Act, a person will be taken to cultivate a genetically modified food crop for the purposes of an experiment if (and only if)— (a) the person is only undertaking the cultivation of the crop on a controlled and limited scale; and (b) the purpose of the cultivation is— (i) to assess the crop's merit; or (ii) to develop or assess practices associated with the management of the crop or the protection of the environment; and (c) the crop, after cultivation, is not to be harvested for sale. 4—Declared thresholds (1) The Minister may, by notice published in the Gazette, declare a threshold relating to the presence of GMO in crops. (2) If— (a) a declaration is made under subsection (1) in relation to the presence of a particular GMO in a particular class of crop; and (b) a crop of that class that is a food crop has that GMO present but the amount or level of the GMO does not exceed the declared threshold, then the presence of that GMO may be disregarded for the purposes of determining whether the food crop is a genetically modified food crop for the purposes of this Act. (3) A declaration under subsection (1)— (a) may be of general or limited application; and (b) may make different provision according to the circumstances to which it is expressed to apply. (4) The Minister may, by further notice published in the Gazette, vary or revoke a declaration under subsection (1).