South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"Advisory Committee" means the GM Crop Advisory Committee established under
Part 3 Division 1;
"cultivate", in relation to a genetically modified food crop, includes—
(a) to
breed, germinate, propagate, grow, raise, culture, harvest or collect plants,
or plant material, for, or as part of, that crop;
(b) to
spread, disseminate, deal with or dispose of any plant or plant material that
has formed part of that crop;
(c) to
undertake any other activity brought within the ambit of this definition by
the regulations,
but does not include—
(d) to
use a product derived from a crop as feed in prescribed circumstances; or
(e) any
other activity excluded from the ambit of this definition by the regulations;
"deal with", in relation to a crop, GMO or other material, has a meaning that
corresponds to deal with a GMO under the Gene Technology Act 2001 ;
"Department" means the department of the Minister to whom the administration
of this Act has been committed;
"designated area" means an area designated by regulation under section 5;
"exemption notice" means an exemption notice under section 6;
"food crop" means a crop which, or any part or product of which, may be
used—
(a) for
human consumption; or
(b) for
livestock consumption,
whether or not after processing (and including as an ingredient for human
consumption or livestock consumption);
"genetically modified food crop" means a food crop that consists of or
includes plants—
(a) that
are genetically modified organisms; or
(b) that
are derived or produced from genetically modified organisms; or
(c) that
have inherited from other plants particular traits that occurred in those
other plants because of gene technology;
"genetically modified organism" or "GMO" means a genetically modified organism
within the meaning of the Gene Technology Act 2001 ;
"gene technology" has the same meaning as in the Gene Technology
Act 2001 ;
"GMO licence" has the same meaning as in the Gene Technology Act 2001 ;
"GM related material" means any material, product or thing derived from, or
used in connection with, a genetically modified food crop;
"inspector" means a person appointed to be an inspector under Part 3 Division
2;
"livestock" means any animal which, or any part or product of which, may be
used for human consumption, whether or not after processing (and including as
an ingredient of food for human consumption);
"occupier", in relation to land, includes a licensee and the holder of any
right at law to use the land, but does not include a mortgagee in possession
unless the mortgagee assumes active management of the land;
"owner" of land means—
(a) if
the land is unalienated from the Crown—the Crown; or
(b) if
the land is alienated from the Crown by grant in fee simple—the owner
(at law or in equity) of the estate in fee simple; or
(c) if
the land is held from the Crown by lease or licence—the lessee or
licensee; or
(d) if
the land is held from the Crown under an agreement to purchase—the
person who has the right to purchase;
"plant" includes the seed or any part of a plant whether living or dead and
whether attached to a plant or not.
(2) For the purposes
of this Act, a person will be taken to cultivate a
genetically modified food crop for the purposes of an experiment if (and only
if)—
(a) the
person is only undertaking the cultivation of the crop on a controlled and
limited scale; and
(b) the
purpose of the cultivation is—
(i)
to assess the crop's merit; or
(ii)
to develop or assess practices associated with the
management of the crop or the protection of the environment; and
(c) the
crop, after cultivation, is not to be harvested for sale.