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BIOLOGICAL CONTROL ACT 1987 - SECT 26
Inquiries relating to agent organisms
(1) Where the Authority, after— (a) complying with sections 24 and 25 in
respect of an agent recommendation; and
(b) consulting the Council regarding
the appropriateness of action under this section in respect of that
recommendation; and
(c) considering the nature of, the proceedings in, and
the findings of, any inquiry that the Authority considers relevant to the
recommendation (which may be an inquiry under Part 7 in respect of a
target recommendation or an inquiry conducted on behalf of another State or
the Commonwealth); and
(d) considering any reports relating to the
recommendation made by any person or authority competent to do so that the
Authority considers relevant;
considers that there is evidence that a person
or the environment would be adversely affected by the release of organisms of
the kind to which the recommendation relates but an adequate investigation or
inquiry into the effect of such a release has not been held, the Authority
may— (e) direct that an inquiry under Part 7 be conducted in respect of the
recommendation; or
(f) request the Minister administering the Commonwealth
Act to arrange for the Minister who administers the Industry Commission Act
1990 (Cwlth) to refer the recommendation to the Industry Commission for
inquiry and report; or
(g) arrange for a Minister who administers any
Queensland legislation relating to the protection of the environment to cause
an inquiry to be conducted under that legislation in respect of the
recommendation; or
(h) request the Biological Control Authority for another
State or a Territory to arrange for a Minister who administers any legislation
of that State or Territory relating to the protection of the environment to
cause an inquiry to be conducted under that legislation in respect of the
recommendation.
(2) Action shall not be taken under subsection (1) (e) , (f)
, (g) or (h) in respect of an agent recommendation unless the Council, upon
being consulted in accordance with subsection (1) (b) , has unanimously
recommended that the action be taken.
(3) An inquiry by virtue of subsection
(1) in respect of an agent recommendation that recommends that organisms of a
particular kind should be declared to be agent organisms if organisms to which
a target recommendation applies are declared to be target organisms and an
inquiry by virtue of section 17 (1) in respect of the target recommendation
may be conducted as if they were one inquiry.
(4) Where the Authority takes
action under subsection (1) (e) , (f) , (g) or (h) for an inquiry in relation
to an agent recommendation, the Authority shall not take any further action
under this Act in relation to that recommendation unless and until the
Authority has considered the report made as the result of that inquiry.
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