Tasmania Latest State To Introduce Amendments To Remove Virus Ambiguity From Biological Control Acts
Tuesday 25 October 2016 @ 10.16 a.m. | Legal Research
Tasmania has introduced the Biological Control Amendment Bill 2016 into Parliament. The Bill amends the Biological Control Act 1986 to alter the definition of an “organism” so as to specifically include viruses and sub-viruses. The Act is part of a national framework, so the change has been or will be introduced across all jurisdictions. Deputy Premier Jeremy Rockliff has announced that he intends to have the amendment in place prior to the planned national release of a new strain of calici virus, which targets rabbits, by autumn 2017. He also indicated that viruses could be used to control carp in the future.
Introducing the Federal version of the legislation in March this year, Deputy Prime Minister Barnaby Joyce said in a press release that pest animals were estimated to have caused losses of more than $620 million in 2009. He said the changes “support the original intent of the Act… and will remove any ambiguity related to the ongoing scientific debate about the definition of an organism”:
“Biological controls, if utilised properly and carefully, can be incredibly effective at controlling pests—as we’ve seen with the cactoblastis moth in controlling prickly pear and the myxoma virus in controlling rabbits since the 1950s.
It is important to note that viruses are only approved for use after significant research and testing—these amendments don’t affect the rigour we apply to approving biological control agents…
Pest animals and weeds are also a major threat to Australia's biodiversity and can accelerate erosion, reduce water quality and outcompete native species. The social impacts are difficult to measure, but are no less significant than the economic and environmental impacts.”
Mirror Legislation
Commonwealth & the ACT –
The Federal Government passed and assented the Biological Control Amendment Act 2016 in March 2016, but has yet to proclaim a commencement date. The Act covers biological control in the ACT.
New South Wales –
NSW amended the Biological Control Act 1985 in the Statute Law (Miscellaneous Provisions) Act 2016, which was passed in June this year. The amendments have already commenced.
Queensland –
Queensland Parliament is currently considering the Farm Business Debt Mediation Bill 2016, which among other things introduces the mirror amendment into the Biological Control Act 1987.
South Australia –
The South Australian Parliament is considering the Biological Control (Miscellaneous) Amendment Bill 2016 which amends the Biological Control Act 1986.
Victoria –
Victoria passed the Primary Industries Legislation Amendment Act 2016 in September this year which amends the Biological Control Act 1986. The amendments have not yet commenced and have no default commencement date.
Western Australia –
The WA Parliament is currently considering the Biological Control Amendment Bill 2016 which was introduced earlier this month. The Bill will amend the Biological Control Act 1986.
Northern Territory –
The Northern Territory has not yet introduced the mirror legislation. The new NT Parliament commenced sitting last week.
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Sources:
Biological Control Amendment Bill 2016 (Tas), Fact Sheet & Second Reading Speech - available from TimeBase's LawOne service
