4. Sections 50, 50A and 51 of the Act outline the matters which the Gene Technology Regulator (the Regulator) must take into account, and with whom he must consult, in preparing the Risk Assessment and Risk Management Plans (RARMPs) that form the basis of his decisions on licence applications. In addition, the Regulations outline matters the Regulator must consider when preparing a RARMP.

5. Since this application is for commercial purposes, it cannot be considered as a limited and controlled release application under section 50A of the Act. This means that, under section 50(3) of the Act, the Regulator was required to consult with prescribed experts, agencies and authorities to seek advice on matters relevant to the preparation of the RARMP. This first round of consultation included the Gene Technology Technical Advisory Committee, State and Territory Governments, Australian Governments, Australian Government authorities or agencies prescribed in the Regulations, any local council that the Regulator considered appropriate1 and the Minister for the Environment. A summary of issues contained in submissions received is given in Appendix A.

6. Section 52 of the Act requires the Regulator, in a second round of consultation, to seek comment on the RARMP from the experts, agencies and authorities outlined above, as well as the public. The advice from the prescribed experts, agencies and authorities and how it was taken into account is summarised in Appendix B. Nine submissions were received from the public on the consultation RARMP and the issues raised and their considerations are summarised in Appendix C.


1 Bayer is seeking approval for unrestricted commercial release of InVigor® x Roundup Ready® canola in ‘all canola cropping areas of Australia’. This involves a significant proportion of the land in the Australian winter cereal belt of NSW, Victoria, South Australia, and Western Australia. It also includes Southern Queensland and Tasmania. Therefore, the Regulator decided to consult with all of the local councils in Australia.