Document ID: chunk:federal_register_of_legislation:C2024C00487:section:30
Version: federal_register_of_legislation:C2024C00487
Segment Type: section
Provision Reference: s 30
Character Range: 33483–35330

30  Emergency declarations
 (1) If the Authority is satisfied:
 (a) that an emergency exists because organisms of a particular kind (whether or not they are target organisms):
 (i) are having, or are likely to have, a serious effect on the health of humans, animals or plants in the Australian Capital Territory;
 (ii) are causing, or are likely to cause, harm in that Territory so as to result in significant damage to the economy; or
 (iii) are causing, or are likely to cause, significant damage to the environment in that Territory;
 (b) that the release of prescribed organisms that are not agent organisms would control the first‑mentioned organisms; and
 (c) the release of the organisms of the second‑mentioned kind would not have any significant adverse effects;
the Authority, subject to subsection (1A), shall, by notice published in the Gazette, declare:
 (d) where the organisms of the first‑mentioned kind are not target organisms, the organisms of the first‑mentioned kind to be target organisms for the purposes of this Act; and
 (e) organisms of the second‑mentioned kind to be agent organisms for the purposes of this Act.
 (1A) The Authority shall not make a declaration under subsection (1) in respect of an organism unless:
 (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and
 (b) the Council has unanimously recommended that the declaration be made.
 (2) A notice under subsection (1) declaring organisms of a particular kind to be agent organisms may set out particulars of the conditions under which those organisms may be released, which conditions may be or include:
 (a) conditions specifying the persons who may release those organisms; or
 (b) conditions specifying the circumstances in which those organisms may be released.