Commonwealth Numbered Regulations Commonwealth Numbered RegulationsDetermining 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.
(2) For the purposes of paragraph (1)(b), a wine grape vineyard means a single parcel of land that is planted with wine grapes and operated as a single entity by:
(a) the owner; or
(b) a manager on behalf of the owner or a lessee (regardless of the number of lessees).
(3) In considering the degree of uniformity of an area with respect to attributes mentioned in subsection (1), the Committee is to have regard to the size of the area.
(4) In deciding whether to determine an area that:
(a) is part of a larger area for which a geographical indication has previously been determined; or
(b) includes a smaller area for which a geographical indication has previously been determined;
the Committee is to have regard to the degree of uniformity of the smaller of the 2 areas compared to the larger, and the distinct attributes of the smaller area.
(5) Without limiting the way in which the Committee may identify the boundaries of an area, the Committee may use:
(a) ordinance survey map grid references; or
(b) local government boundary maps.
Determining the indication to be used
(6) For the purposes of subsection 40T(2) of the Act, the Committee is to have regard to the following criteria in determining a word or expression as the indication to be used to indicate an area:
(a) any history relating to the word or expression;
(b) whether, and to what extent, the word or expression is known to wine retailers beyond the boundaries of the area;
(c) whether, and to what extent, the word or expression has been traditionally used in the area or elsewhere;
(d) the appropriateness of the word or expression.
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.