New South Wales Consolidated Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 14

14 Minister's directions

(1) The Minister may only take action under this section if the Minister is in possession of a certificate that relates to a plant (the
"tested plant" ) and the Minister believes on reasonable grounds that--

(a) the tested plant is a GM food plant, and

(b) the tested plant is not an approved GM food plant or was not cultivated pursuant to an exemption order.

(2) The Minister may give a written direction to a person who is the owner or person having custody or control of the tested plant, or any plant that is or was part of the offending crop, requiring that person to do any of the following--

(a) retain ownership, custody or control of the plant for a specified period,

(b) hold the plant at a particular location for a specified period,

(c) destroy the plant in such manner and within such time as may be specified,

(d) take such other action in relation to the plant as may be specified.

Note : Section 17 provides for an appeal to the Supreme Court against a direction of the Minister given under subsection (2).

(3) The Minister or an inspector acting under the written authority of the Minister may seize and dispose of or destroy the tested plant and any plant that is or was part of the offending crop and any container in which such a plant is growing or stored, if--

(a) the owner or person having custody or control of the plant has been given a direction under this section and failed to comply with the requirements of the direction, or

(b) the Minister considers that seizure and disposal or destruction of the plant is required urgently.

(4) In order to prevent the contamination of future crops, the Minister may give a written direction to the owner or occupier of land on which the Minister reasonably believes the tested plant or the offending crop has been cultivated, directing that person not to cultivate any plant of a species or variety specified in the direction on the land for such period as is specified.

(5) In this section--

"certificate" means a certificate referred to in section 19.

"offending crop" means the crop in which the tested plant has been cultivated.