genetically modified crops management (miscellaneous) amendment bill 2020

The provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied.

5—Amendment of section 5—Designation of areas

(1) Section 5(1) to (11)—delete subsections (1) to (11) (inclusive) and substitute:

(1) Kangaroo Island is, by force of this subsection, designated as an area in which no genetically modified food crops may be cultivated.

(2) Section 5(12)(a)—delete "or (4)"

(3) Section 5(12)(b)—delete paragraph (b)

6—Insertion of sections 27A to 27C

After section 27 insert:

27A—Right to damages

(1) In this section—

genetically modified plant material has the same meaning as it has in section 27.

(2) For the purposes of this section, a person has a proprietary interest in any genetically modified plant material if the person—

(a) holds a patent or other form of registered interest; or

(b) is the owner of intellectual property, with respect to the material.

(3) If—

(a) genetically modified plant material is present on any land; and

(b) the existence of the material on the land is attributable to the spread, dissemination or persistence of the material; and

(c) the original introduction of such material to the land is not attributable to any act by or on behalf of any person who is, or who has been, an owner or occupier of the land; and

(d) a person who is an owner or occupier of the land has suffered loss on account of the fact that the material is on the land,

then the person who has suffered the loss is entitled to damages under this section.

(4) An action for damages under this section lies against any person who has a proprietary interest in the material.

(5) An action for damages under this section will be in the nature of an action in tort but it will not be necessary for a plaintiff to establish negligence.

(6) This section does not limit or derogate from any other civil right or remedy that a person who may be entitled to damages under this section may have apart from this section but nothing in this section is intended to allow a person to be compensated more than once for a particular loss.

(7) This section does not extend to any case where genetically modified plant material was present on land before the commencement of this section.

27B—Crop inspections etc

(1) A person who cultivates any crop for fee or reward (not being a genetically modified crop) may request a crop inspection under this section.

(2) A request for a crop inspection must be made to the EPA and must—

(a) identify the location of the crop to be inspected; and

(b) otherwise be made in a manner and form determined by the EPA.

(3) On a request for a crop inspection being received in accordance with this section, the EPA must, as soon as reasonably practicable, have an authorised officer inspect the crop at the location specified in the request.

(4) An authorised officer acting under this section may exercise any power of an authorised officer under section 87 of the Environment Protection Act 1993

for the purpose of—

(a) determining whether GMO is present in the crop and, if it is measured at a level greater than 0.9%, determining the amount of GMO present in the crop; and

(b) determining the likely source of the GMO,

and may exercise the relevant powers as if doing so for a purpose connected with the administration and enforcement of the Environment Protection Act 1993

(5) If, having completed a crop inspection under this section and found the presence of GMO in a crop at a level greater than 0.9%, the authorised officer must prepare a report that—

(a) identifies the land the authorised officer considers is likely to be the source of the GMO in the crop; and

(b) specifies the nature and level of the GMO present in the crop (in the context of any provisions relating to the presence of GMO in crops in the relevant standard adopted by the principal body for grain handling in the State); and

(d) states the qualifications of the authorised officer.

(6) In this section—

authorised officer means an authorised officer appointed under the Environment Protection Act 1993

;

EPA means the Environment Protection Authority established under the Environment Protection Act 1993

27C—Crop requirements

(1) A person who proposes to cultivate a genetically modified food crop on land (the relevant land) must, at least 60 days before cultivating the genetically modified food crop, give notice of the proposal to each owner of land adjacent to the relevant land.

(2) A person who cultivates a genetically modified food crop on land (the relevant land) must, at least 60 days before harvesting the genetically modified food crop, give notice of the harvesting to each owner of land adjacent to the relevant land.

(3) A person who proposes to cultivate a genetically modified food crop must ensure that a buffer zone of at least 10 metres exists between the boundary of the genetically modified food crops and the boundary of crops that are not genetically modified food crops.

7—Substitution of section 29

Section 29—delete the section and substitute:

29—Review of Act

(1) The Minister must, within the last year of each prescribed period, undertake a review of the operation of this Act.

(2) The Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.

(3) In this section—

prescribed period means—

(a) the period ending 3 years after the commencement of this section; and

(b) each successive period of 3 years after the period specified in paragraph (a)

8—Amendment of Schedule 1—Transitional provisions

(1) Schedule 1, clause 1(1) and (2)—delete subclauses (1) and (2)

(2) Schedule 1, clause 3(1)—after "Act" insert:

or the Genetically Modified Crops Management (Miscellaneous) Amendment Act 2020

(as the case may be)

(3) Schedule 1, clause 3(2)—after "Act" insert:

or the Genetically Modified Crops Management (Miscellaneous) Amendment Act 2020

(as the case requires)