3. Sections 50, 50A and 51 of the Gene Technology Act 2000 (the Act) outline the matters which the Gene Technology Regulator (the Regulator) must take into account, and with whom the Regulator must consult, in preparing the Risk Assessment and Risk Management Plans (RARMPs) that form the basis of decisions on licence applications. In addition, the Gene Technology Regulations 2001 (the Regulations) outline matters the Regulator must consider when preparing a RARMP.
4. In accordance with section 50A of the Act, the previous Regulator considered information provided in the application and was satisfied that its principal purpose is to enable the applicant to conduct experiments. In addition, limits have been proposed on the size, location and duration of the release and controls have been proposed by the applicant to restrict the dissemination and persistence of the GMOs and their genetic material in the environment. Those limits and controls are such that the previous Regulator considered it appropriate not to seek the advice referred to in subsection 50(3) of the Act. Therefore, this application is considered to be a limited and controlled release and the Regulator has prepared a RARMP for this application.
5. Section 52 of the Act requires the Regulator to seek comment on the RARMP from the States and Territories, the Gene Technology Technical Advisory Committee (GTTAC), Commonwealth authorities or agencies prescribed in the Regulations, the Minister for the Environment, local council(s) where the release is proposed to take place, and the public.
6. Section 52(2)(ba) of the Act requires the Regulator to decide whether one or more of the proposed dealings may pose a ‘significant risk’ to the health and safety of people or to the environment, which then determines the length of the consultation period as specified in section 52(2)(d). The advice from the prescribed experts, agencies and authorities and how it was taken into account is summarised in Appendix B. Two submissions were received from the public and their consideration is summarised in Appendix C.