Licence for dealings involving an intentional release of a GMO into the environment
Licence No.: DIR 113
Licence holder: Bayer CropScience Pty Ltd
Title:Limited and controlled release of cotton genetically modified for insect resistance and herbicide tolerance
Issued: 30April 2012
Varied: 15October 2012
Varied 12 July 2013
Varied 9 August 2013
Varied 14March 2014
Varied 6 February 2015
Varied 24December 2015
Varied 15 January 2016
More information about the decision to issue this licence is contained in the Risk Assessment and Risk Management Plan prepared in connection with the assessment of the application for the licence. This document can be obtained from the Office of the Gene Technology Regulator website, or by telephoning the Office on 1800 181 030.
Gene Technology Regulation in Australia
Australia’s gene technology regulatory system operates as part of an integrated legislative framework. The Gene Technology Act 2000 (Cth) and corresponding state and territory legislation form a substantial part of a nationally consistent regulatory system controlling the development and use of genetically modified organisms (GMOs).
This licence is issued by the Gene Technology Regulator in accordance with the Gene Technology Act 2000 and, as applicable, Corresponding State Law.
The Gene Technology Regulator is required to consult with, and take into account advice from, a range of key stakeholders, including other regulatory authorities, on risks to human health and safety and to the environment in assessing applications for dealings involving the intentional release of GMOs into the Australian environment.
Other agencies that also regulate GMOs or GM products include Food Standards Australia New Zealand, Australian Pesticides and Veterinary Medicines Authority, Therapeutic Goods Administration, National Industrial Chemicals Notification and Assessment Scheme, National Health and Medical Research Council and Australian Quarantine and Inspection Service. Dealings conducted under any licence issued by the Regulator may also be subject to regulation by one or more of these agencies. It is recommended that the licence holder consult the relevant agency (or agencies) about their regulatory requirements.
The licence authorises the licence holder and persons covered by the licence to conduct specified dealings with the genetically modified organism(s) listed in Attachment A of this licence.
Dealings permitted by this licence may also be subject to the operation of State legislation declaring areas to be GM, GM free, or both, for marketing purposes.
Note about where dealings with GMOs are being undertaken pursuant to this licence
Information about where the GMOs have been planted pursuant to this licence can be accessed on the OGTR website on DIR 113 page.
Section1Interpretations and Definitions
1.This licence does not authorise dealings with GMOs that are otherwise prohibited as a result of the operation of State legislation declaring areas to be GM, GM free, or both, for marketing purposes.
2.In this licence:
(a)unless defined otherwise, words and phrases used have the same meaning as they do in the Act and the Regulations;
(b)words importing a gender include any other gender;
(c)words in the singular include the plural and words in the plural include the singular;
(d)words importing persons include a partnership and a body whether corporate or otherwise;
(e)references to any statute or other legislation (whether primary or subordinate) are a reference to a statute or other legislation of the Commonwealth of Australia as amended or replaced from time to time and equivalent provisions, if any, in corresponding State law, unless the contrary intention appears;
(f)where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word has a corresponding meaning;
(g)specific conditions prevail over standard conditions to the extent of any inconsistency.
3.In this licence:
'Act' means the Gene Technology Act 2000 (Commonwealth) or the corresponding State legislation under which this licence is issued.
‘Burial site’ means a place where the GMO or Plant Material is Destroyed by burial.
‘Clean’ means, as the case requires:
(a)in relation to an area specified in this licence as requiring Cleaning, the Destruction of the GMOs and Plant Material in that area, to the reasonable satisfaction of the Regulator; or
(b)in relation to Equipment, the removal and Destruction of the GMOs and Plant Material from the Equipment, to the reasonable satisfaction of the Regulator.
‘Cotton’ means plants of the species Gossypium hirsutum L. orG. barbadense L.
‘Cultivate’ means the following:
(a)till the soil in a manner which will promote the germination of Cotton seed; and
(b)provide adequate soil moisture to promote the germination of Cotton seed.
‘Destroy’ means, as the case requires, killed by one or more of the following methods:
(a)stalk pulling; or
(b)uprooting; or
(c)ploughing; or
(d)burning/incineration; or
(e)treatment with herbicide; or
(f)hand weeding; or
(g)autoclaving; or
(h)burial,but only subject to the conditions of this licence; or
(i)root cutting and mulching/slashing; or
(j)a method approved in writing by the Regulator.
Note: ‘As the case requires’ has the effect that, depending on the circumstances, one or more of these techniques may not be appropriate. For example, in the case of killing the remains of harvest of the GMOs, treatment of post-harvest remains by herbicide would not be a sufficient mechanism.
‘Equipment’ includes, but is not limited to, harvesters, seeders, storage equipment, transport equipment (eg bags, containers, trucks), clothing and tools.
‘Exclusion Zone’ means an area extending at least 1.5 kilometres in all directions from the outer edge of a Location.
'Flowering' is taken to begin when any plant of the class of plants referred to in a particular condition first flowers, and is taken to end when all plants in the class of plants no longer have flowers.
‘GM’ means genetically modified.
'GMOs' means the genetically modified organisms that are the subject of the dealings authorised by this licence.
‘Location’ means an area of land where the GMOs are intentionally planted and grown pursuant to this licence, but does not include the Pollen Trap.
‘Logbook’ means a written or electronic record containing information required to be collected and maintained by this licence and which is able to be presented to the OGTR on request.
‘Monitoring Zone’ means an area of land extending at least 100 metres in all directions from the outer edge of a Location.
‘OGTR’ means the Office of the Gene Technology Regulator.
‘Personal Information’ means information or an opinion (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
‘Plant Material’ means any part of the GM or non-GM Cotton plants grown at a Location or in the Pollen Trap with respect to a Location, whether viable or not, including, but not limited to, seed, stubble, lint and pollen, whether from the plant itself or derived from or produced by the plant.
‘Pollen Trap’ means an area of land extending at least 20 metres in all directions from the outer edge of a Location.
‘Pollen Trap Plant’ means non-GM Cotton, or GM Cotton approved under licences DIR062/2005 or DIR066/2006, grown in a Pollen Trap.
'Regulator' means the Gene Technology Regulator.
‘Sign-off’ means a notice in writing from the Regulator, in respect of a Site, that post-harvest obligations no longer apply in respect of that Site.
‘Site’ means a Location and the aggregate of areas requiring post-Cleaning inspections in respect of that Location.
‘Volunteers’ means GM or non-GM Cotton plants, which have not been intentionally grown on the Site.
‘Waterways’ means all permanent natural waterways and man-made waterways that flow into natural waterways.
Note: Irrigation channels, holding dams or storage ponds that do not flow into natural waterways are not considered Waterways for the purpose of this licence.
Section2General conditions
Duration of licence
4.This licence remains in force until it is suspended, cancelled or surrendered. No dealings with GMOs are authorised during any period of suspension.
Holder of licence
5.The holder of this licence ('the licence holder') is Bayer CropScience Pty Ltd.
6.The licence holder must, at all times, remain an accredited organisation in accordance with the Act and comply with its instrument of accreditation.
Project supervisor
7.The licence holder must immediately notify the Regulator in writing if any of the contact details of the project supervisor change.
No dealings with the GMOs except as authorised by this licence
8.Persons covered by this licence must not deal with the GMOs except as expressly permitted by this licence.
Persons covered by this GMO licence
9.The persons covered by this licence are the licence holder and employees, agents or contractors of the licence holder and other persons who are, or have been, engaged or otherwise authorised by the licence holder to undertake any activity in connection with the dealings authorised by this licence.
Informing people of their obligations
10.The licence holder must inform any person covered by this licence, to whom a particular condition of this licence applies, of the following:
(a)the particular condition (including any variations of it);
(b)the cancellation or suspension of the licence;
(c)the surrender of the licence.
11.If a particular condition, including any variation of it, applies to a person with respect to a particular dealing, the licence holder must not permit a person covered by this licence to conduct that dealing unless:
(a)the person has been informed of the condition, including any variation of it; and
(b)the licence holder has obtained from the person a signed and dated statement that the person:
- has been informed by the licence holder of the condition and, when applicable, its variation; and
- has understood and agreed to be bound by the condition, or its variation.
12.The licence holder must provide the Regulator, on the Regulator’s request, with copies of the signed and dated statements referred to in the immediately preceding condition.
13.Prior to growing the GMOs, the licence holder must provide the Regulator with an explanation of how the licence holder has informed, or proposes to inform, each person intended to be covered by this licence of the conditions of the licence, including conditions related to the collection of Personal Information by the licence holder.
14.Where any of the details provided under the immediately preceding condition change, the licence holder must notify the Regulator of the changes within 14 days of the change occurring.
15.The licence holder must notify the project supervisor and all persons covered by the licence that Personal Information collected by the licence holder which is relevant to the administration and/or enforcement of the licence may be released to the Regulator.
Additional information to be given to the Regulator
16.The licence holder must immediately, by notice in writing, inform the Regulator of:
(a)any relevant conviction of the licence holder occurring after the commencement of this licence; and
(b)any revocation or suspension of a licence or permit held by the licence holder under a law of the Australian Government, a State or a foreign country, being a law relating to the health and safety of people or the environment; and
(c)any event or circumstances occurring after the commencement of this licence that would affect the capacity of the holder of this licence to meet the conditions in it.
17.The licence holder must provide information related to the licence holder's ongoing suitability to hold a licence when requested to do so in writing by the Regulator and must provide the information within a time period stipulated by the Regulator.
18.The licence holder must inform the Regulator if the licence holder:
(a)becomes aware of additional information as to any risks to the health and safety of people, or to the environment, associated with the dealings authorised by the licence; or
(b)becomes aware of any contraventions of the licence by a person covered by the licence; or
(c)becomes aware of any unintended effects of the dealings authorised by the licence.
Note: The Act requires, for the purposes of the above condition that:
(a)the licence holder will be taken to have become aware of additional information of a kind mentioned in paragraph 18(a) if he or she was reckless as to whether such information existed; and
(b)the licence holder will be taken to have become aware of contraventions, or unintended effects, of a kind mentioned in paragraph 18(b) if he or she was reckless as to whether such contraventions had occurred, or such unintended effects existed.
Note: Contraventions of the licence may occur through the action or inaction of a person. For example if it is a condition of the licence that volunteers are destroyed prior to reaching maturity and a volunteer reaches maturity, then the person responsible for controlling volunteers will have contravened that licence condition.
19.If the licence holder is required to inform the Regulator under the immediately preceding condition, the Regulator must be informed without delay.
Note: An example of informing without delay is contact made at the time of the incident via the OGTR free call phone number 1800 181 030, which provides emergency numbers for incidents that occur out of business hours. Notification without delay will allow the OGTR to conduct a risk assessment on the incident and attend the location if required.
20.If the licence holder informs the Regulator under the immediately preceding condition and the Regulator requests further information, the further information must be provided in a manner, and within the time period, stipulated by the Regulator.
21.Prior to growing the GMOs, the licence holder must provide to the Regulator:
(a)a list of the names of all organisations or natural persons who will be persons covered by this licence. Where a name of a person is not known at the time of submitting the list, the function or position of the person to be covered must be provided, and
(b)a description of the responsibilities of the licence holder and of each person covered by the licence in relation to the requirements of this licence.
Note: Examples of functions or positions are ‘Site manager’, ‘Farm labourer’ etc.
22.Where any of the details provided under the immediately preceding condition change, the Regulator must be notified of the changes within 14 days of the change occurring.
People dealing with GMOs must allow auditing and monitoring of the dealing
23.If a person is authorised by this licence to deal with the GMOs and a particular condition of this licence applies to the dealing by that person, the person must allow the Regulator, or a person authorised by the Regulator, to enter premises where the dealing is being undertaken, for the purposes of auditing or monitoring the dealing.
24.The licence holder must be able to access all Exclusion Zones, if any, and to access and control all Sites, Monitoring Zones, if any, approved facilities or other premises to the extent necessary to comply with this licence, for the duration of the life of the licence.
25.Prior to growing the GMOs, the licence holder must provide to the Regulator a description of how any contracts or other enforceable arrangements will allow the licence holder to access and control all Sites, Monitoring Zones, Exclusion Zones, approved facilities or other premises to the extent necessary to comply with this licence, for the duration of the life of the licence.
26.Where any of the details provided under the immediately preceding condition change, the licence holder must notify the Regulator of the changes within 14 days of the change occurring.
Section3Growing the GMOs
GMOs covered by this licence
27.The GMOs covered by this licence are described in Attachment A.
Permitted dealings
28.The permitted dealings with the GMOs are to conduct experiments with the GMOs, import, breed, propagate, grow, culture, transport and dispose of the GMOs, and the possession, supply and use of the GMOs in the course of any of these dealings.
Plants that may be grown at Locations
29.The only plants permitted to be grown at a Location are:
(a)the GMOs; or
(b)non-GM Cotton; or
(c)GM Cotton approved under licences DIR062/2005 or DIR066/2006.
Handling of Plants other than the GMOs
30.Non-GM Cotton or GM Cotton approved under licences DIR062/2005 or DIR066/2006 grown at a Location, and Plant Material from these plants must be handled and controlled as if they were the GMOs or Plant Material from the GMOs.
Limits - location, timing and size of trial
31.With respect to the permitted dealings described in condition 28, breeding, propagating, growing and culturing must only be undertaken between May 2012 and May 2016, inclusive, in the local government areas of Narrabri, Moree Plains, Walgett and Gunnedah, NSW, Wyndham-East Kimberley, WA, and Central Highlands, Western Downs, Toowoomba and Balonne, Qld.
32.Intentional planting and growing of the GMOs must occur at no more than ten Locations per year. The area of each Location must not exceed 1 hectare in the period from May 2012 – April 2013 and must not exceed 6 hectares in the period from May 2013 – May 2016.
Containment measures
33.Each Location must be:
(a)surrounded by a Monitoring Zone and an Exclusion Zone; or
(b)surrounded by a Pollen Trap.
34.If a Monitoring Zone and an Exclusion Zone are used in accordance with the previous condition:
(a)the outer edge of the Location must not be within 50 metres of a Waterway; and
(b)while the GMOs are being grown at the Location, the Monitoring Zone must be maintained in a manner appropriate to allow the identification and/or Destruction of Cotton plants; and
(c)the GMOs must not be planted in a Location if any cotton crop, other than a crop planted pursuant to this licence, is present in the Exclusion Zone.
35.If a Pollen Trap surrounds a Location;
(a)the outer edge of the Pollen Trap must not be within 50 metres of a Waterway; and
(b)the Pollen Trap must be planted only to Pollen Trap Plants and maintained in such a way as to:
i.reasonably promote a dense and vigorous growth of the Pollen Trap Plants; and
ii.ensure that the Pollen Trap Plants flower at the same time and for the same period of time as the GMOs; and
iii.ensure that for the duration of flowering of the GMOs there is a continuous barrier of plants at least 20 metres deep in all directions around the Location, although allowance may be made for a path of approximately 2.5 metres in width in order to access the Location; and