Queensland Consolidated Acts
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BIOLOGICAL CONTROL ACT 1987 - SECT 35
No legal proceedings to be instituted in respect of release of agent organisms under a relevant law
35 No legal proceedings to be instituted in respect of release of
agent organisms under a relevant law
(1) Subject to subsection (4) , no action or other proceeding shall be
instituted or continued in any court to recover damages in respect of any loss
incurred, or any damage suffered, in Queensland by reason of the release of
organisms in accordance with a relevant law.
(2) Subject to subsection (4) ,
no action or other proceeding shall be instituted or continued in any court—
(a) to prevent the release of organisms in accordance with a relevant law; or
(b) to recover damages in respect of any loss incurred, or any damage
suffered, in another State or a Territory by reason of the release of
organisms in accordance with a relevant law.
(3) If, at the time at which
prescribed organisms of a particular kind became organisms that could be
released in accordance with a relevant law, there was in force an order of a
court relating to the release of organisms of that kind, no action or other
proceeding shall be instituted or continued in any court in respect of that
order in so far as the order purports to restrict a person from— (a)
releasing organisms of that kind in accordance with that law; or
(b) doing
anything to assist or further the release of organisms of that kind in
accordance with that law.
(4) Nothing in subsection (1) or (2) prevents the
institution or continuation in any court of an action or other proceeding to
recover damages in respect of any loss incurred, or any damage suffered, by
reason of the release of organisms of a particular kind in accordance with a
relevant law where— (a) the loss incurred or the damage suffered was the
result of the release having had a significant effect on other organisms (not
being organisms which the release was intended to control); and
(b) at the
time of the release, the persons in Australia having a reputation for special
knowledge of the biology of organisms of that kind knew, or had reasonable
grounds to expect, that such a release could have such an effect; and
(c) in
making the declaration by virtue of which organisms of that kind became
organisms that could be released in accordance with the relevant law, the
authority established by that law did not take into account (whether because
of the state of scientific knowledge or otherwise) the factor that such a
release could have such an effect.
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