Biological Control Act 1986 (Tas)

Biological Control Act 1986

An Act to make provision for the biological control of pests in Tasmania and for related purposes [Royal Assent 9 May 1986]

Whereas it is generally acknowledged that in the interests of the Australian economy and for the general protection of the Australian environment it is necessary to implement a Scheme for biological control of pests in the States and Territories of Australia: And whereas the implementation of such a Scheme requires uniform legislation throughout Australia and for that legislation to be administered on a uniform basis: And whereas the Commonwealth, the other States, and the Northern Territory have enacted, or are taking action to provide for the introduction of, the necessary legislation:

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Biological Control Act 1986 .

2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided by subsection (1) , this Act shall commence on such day as may be fixed by proclamation.

3. Interpretation (1) In this Act, unless the contrary intention appears – agent application means an application under section 20 ; agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27 , 28 , 29 , or 32 , that the organisms are agent organisms for the purposes of this Act; agent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act; Australia includes the external Territories (if any) in respect of which a declaration under section 4 (1) of the Commonwealth Act is in force; Authority means the Tasmanian Biological Control Authority established by section 8 ; Commonwealth Act means the Biological Control Act 1984 of the Commonwealth; control, in relation to organisms, includes – (a) reduce the number of those organisms; (b) prevent an increase in the number of those organisms; (c) reduce the activity or appetite of some or all of those organisms; and (d) modify the behaviour or characteristics of some or all of those organisms; Council means the body known as the Agriculture and Resource Management Council of Australia and New Zealand, whether known by that name or any other name; kind, in relation to live organisms, or viruses or sub-viral agents, means species, subspecies or variety; organism means – (a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or (b) a part of, or matter discharged from, an organism within the meaning of paragraph (a) ; or (c) a virus or sub-viral agent; organization includes – (a) a body corporate; (b) an association or other body of persons; and (c) an association that consists of 2 or more organizations referred to in paragraphs (a) and (b) ; person includes an organization; prescribed organisms means organisms that are – (a) live organisms; or (b) viruses or sub-viral agents; relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act; State means – (a) a State of the Commonwealth; or (b) the Northern Territory of Australia; target application means an application under section 11 ; target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18 , 28 , 29 , or 32 , that the organisms are target organisms for the purposes of this Act; target recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act; Territory means a Territory referred to in section 122 of the Constitution of the Commonwealth but does not include the Northern Territory of Australia. (2) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm if the control of those organisms would be for the public benefit. (3) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the State if they cause harm in a part or parts only of the State. (4) For the purposes of this Act – (a) a recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council is in session; (b) a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council; (c) an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and (d) where a person is authorized to act as a member of the Council in place of another person, then, while the first-mentioned person is so acting, the first-mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council. (5) A reference in this Act to a recommendation by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act includes a reference to a recommendation that organisms of a particular kind should be so declared if organisms to which a target recommendation applies are declared to be target organisms for the purposes of this Act. (6) In this Act, a reference to – (a) a function includes a reference to a power, authority and duty; and (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.