New South Wales Consolidated Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 7A

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.