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GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 7A
Approval of licensed GM food plants for commercial cultivation
(1) On application by a representative of a relevant industry the Minister
may, by order published in the Gazette, declare that a specified
licensed GM food plant, or class of licensed GM food plants, is approved for
commercial cultivation in all or part of New South Wales.
(2) The application
must-- (a) be made in writing, and
(b) address the criteria specified in
subsection (3), and
(c) be accompanied by the fee (if any) prescribed by the
regulations, and
(d) be supported by documentation verifying the applicant's
status as a representative of the relevant industry concerned.
(3) The
Minister must not make a declaration under this section unless the Minister is
satisfied that the relevant industry meets the following criteria-- (a) the
relevant industry has adequately identified the requirements demanded by key
domestic and international markets for the GM food plant,
(b) the
relevant industry has identified the threshold levels for the accidental or
unintended presence of GM traits in food plants that are acceptable in those
key domestic and international markets,
(c) the relevant industry has, or is
capable of having, supply chain management processes in place that adequately
address those requirements, including (if it is a market requirement that
GM food plants and non-GM food plants be segregated) processes to segregate
GM food plants and non-GM food plants,
(d) any approvals or any other form of
authorisation required by or under any law of the key domestic or
international markets relating to the importation of GM food plants have been,
or can be, obtained,
(e) the relevant industry meets any other criteria
prescribed by the regulations.
(4) Before making a declaration under this
section, the Minister must request the Expert Committee to provide advice (not
later than 28 days after the request) in relation to whether or not-- (a) the
relevant industry meets the criteria referred to in subsection (3), and
(b)
the GM food plant is authorised or permitted to be cultivated in another State
or a Territory under a law of that State or Territory,
and must take into
account any advice provided by the Expert Committee before the end of that 28
day period (the
"initial request period" ).
(5) The Minister must (subject to subsections (6)
and (7)) determine the application for a declaration within 14 days after the
end of the initial request period (the
"initial determination period" ).
(6) At any time before the end of the
initial determination period, the Minister may request the Expert Committee to
provide, within 14 days (the
"further request period" ), further advice or information on the matters
concerned.
(7) The Minister must (irrespective of whether or not the
Expert Committee has provided the further advice or information as requested)
determine the application not later than 14 days after the end of the
further request period.
(8) Subsection (4) does not limit the factors that
the Minister may take into account in deciding whether or not to make a
declaration under subsection (1).
(9) An order under this section in relation
to a licensed GM food plant is automatically revoked if the GMO licence in
respect of the GM food plant is suspended or cancelled by the Regulator under
the Gene Technology Act 2000 of the Commonwealth.
(10) An order under this
section may be revoked by the Minister only if the Minister is satisfied,
after consulting with and taking into account any advice of the
Expert Committee, that the relevant industry concerned no longer meets one or
more of the criteria referred to in subsection (3).
(11) The Minister's
determination of, or failure or refusal to determine, an application or
decision to revoke an order under this section may not be challenged,
reviewed, quashed or called into question before any court of law or
administrative review body in any proceedings or restrained, removed or
otherwise affected by any proceedings.
(12) The Minister is to make public
the reasons for making, or revoking, an order under this section.
Editorial
note : For orders under this section see Gazette No 33 of 14.3.2008, p 2267.
From April 2021, PCO is no longer updating notes in provisions of in force
titles about related gazette notices. To search for related gazette notices,
please use the Gazette Search functionality.
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