South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Genetically Modified Crops Management (Right to Damages)
Amendment Bill 2014
A BILL FOR
An Act to amend the Genetically
Modified Crops Management Act 2004.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Genetically
Modified Crops Management Act 2004
3Insertion of section
27A
27ARight to
damages
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Genetically Modified Crops Management
(Right to Damages) Amendment Act 2014.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Genetically Modified Crops Management
Act 2004
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.