South Australian Numbered Acts

GENETICALLY MODIFIED CROPS MANAGEMENT ACT 2004 (NO 8 OF 2004) - SECT 5

5—Designation of areas

        (1)         The Governor may, by regulation—

            (a)         designate an area of the State as an area in which—

                  (i)         genetically modified food crops of a specified class must not be cultivated; or

                  (ii)         no genetically modified food crops may be cultivated;

            (b)         designate an area of the State as an area in which a genetically modified food crop must not be cultivated unless it is a genetically modified food crop of a specified class;

            (c)         designate an area of the State as the only part of the State in which genetically modified food crops of a specified class may be cultivated.

        (2)         The Governor must not make a regulation under subsection (1) except on the recommendation of the Minister.

        (3)         The Minister must not make a recommendation under subsection (2) unless—

            (a)         the Minister has undertaken a public consultation process that satisfies the following requirements:

                  (i)         the process must provide for public notice to be given in relation to the proposal to recommend the making of a regulation under subsection (1); and

                  (ii)         the process must allow interested persons to make representations in writing to the Minister over a period of at least 6 weeks specified in the notice; and

                  (iii)         the process must provide for at least 1 public meeting to be held in an area to be affected by the proposal during the period specified in the notice; and

            (b)         the Minister is satisfied that the regulation should be made for marketing purposes.

        (4)         If the Governor has designated an area under subsection (1)(b) or (c), the entitlement of a person to cultivate a genetically modified food crop within the area (as provided by the relevant regulation) is subject to the requirement that the cultivation must be within the ambit of a declaration of the Minister made under subsection (5) for the purposes of this subsection (and cultivation must not occur unless or until this requirement is satisfied).

        (5)         For the purposes of subsection (4), the Minister may in relation to a specified class of genetically modified food crop, by notice published in the Gazette, make a declaration under this subsection if the Minister is satisfied that—

            (a)         appropriate and effective systems have been developed to ensure the segregation of any genetically modified food crop of that class, or of any GM related material, from other crops, materials, products or things in order to preserve the identity of those other crops, materials, products or things; and

            (b)         persons involved in the cultivation of a genetically modified food crop of that class, or in any process associated with such a crop or with any GM related material, can reasonably be expected to comply with the systems contemplated under paragraph (a); and

            (c)         an assessment has been undertaken of the likely impact (if any) that the cultivation of crops of that class within the relevant designated area will have on relevant markets (including markets for other forms of crops, materials, products or things) and that, in the circumstances, it is reasonable for cultivation of crops of that class to proceed in that designated area.

        (6)         The Minister may, by subsequent notice published in the Gazette, vary or revoke a declaration under subsection (5).

        (7)         The Minister may, in a notice under subsection (6) or by subsequent notice in the Gazette, make any provision of a saving or transitional nature.

        (8)         The Minister must, before making a recommendation or declaration under this section, consult with the Advisory Committee and take into account any advice provided by the Advisory Committee in relation to the matter.

        (9)         As soon as practicable after publishing a notice under this section, the Minister should cause a copy of the notice to be published—

            (a)         in a newspaper circulating generally throughout the State; and

            (b)         on the Department's website.

        (10)         The Governor may, by regulation, designate criteria that the Advisory Committee must take into account for the purposes of giving advice to the Minister under this section.

        (11)         The Governor may, by regulation (whether or not in conjunction with a regulation under subsection (1)), prescribe requirements that must be complied with if a person is involved in the cultivation of a genetically modified food crop or in any process associated with any such crop or with any GM related material.

        (12)         A person is guilty of an offence if—

            (a)         the person cultivates a crop in contravention of subsection (1) or (4); or

            (b)         the person contravenes, or fails to comply with, a requirement under subsection (11).

Maximum penalty: $200 000.