Overview

The Office of the Gene Technology Regulator (OGTR) has initiated a public consultation process regarding a proposed field trial of genetically modified (GM) wheat and barley under Licence Application DIR 152, submitted by the University of Adelaide. Enacted in 2001, the Gene Technology Act 2000 aims to regulate gene technology activities to protect human health and safety and the environment. The proposed trial seeks to evaluate the agronomic characteristics of GM wheat and barley, which have been modified for enhanced yield and frost tolerance, in field conditions. The trial, if approved, will take place at up to five sites in South Australia, Western Australia, and New South Wales, covering a total of 3.75 hectares per growing season from July 2017 to January 2021. Importantly, the GM wheat and barley will not be used for commercial human food or animal feed. The consultation process invites stakeholders to review the Risk Assessment and Risk Management Plan (RARMP) prepared by the Regulator, which concludes that the proposed release poses negligible risk to human health, safety, or the environment. The Regulator is seeking submissions to finalise the RARMP, which will inform the decision on whether to grant the licence. Submissions are due by 07 June 2017, and further information can be obtained from the OGTR website or by contacting the Office directly.

Scope and Application

The scope and application of this legislation is focused on the regulation of genetically modified (GM) wheat and barley field trials within Australia. Specifically, the Act applies to the proposed field trial of wheat and barley genetically modified for yield enhancement and frost tolerance, which is the subject of the current licence application DIR 152 from the University of Adelaide. The proposed trial is intended to assess the agronomic characteristics of the GM wheat and barley plants under field conditions and is limited to up to five sites, with up to 3.75 hectares per growing season across all sites in South Australia, Western Australia and New South Wales between July 2017 and January 2021. The GM wheat and barley would not be used for commercial human food or animal feed. The geographic reach of this Act is national, as the application pertains to multiple states within Australia. The Act does not specify any stated exclusions, exemptions, or thresholds, and the scope of the Act is primarily determined through the conditions of the licence application and the consultation Risk Assessment and Risk Management Plan (RARMP). Any further extension or restriction of application would be determined through subordinate instruments issued by the Gene Technology Regulator.

Key Provisions

The main provisions of this legislation involve the assessment and potential licencing of a field trial for genetically modified wheat and barley, as outlined in section 1. The Office of the Gene Technology Regulator (OGTR) is currently evaluating the application DIR 152 from the University of Adelaide for a trial that would occur in South Australia, Western Australia, and New South Wales. The trial aims to evaluate the agronomic traits of genetically modified wheat and barley under field conditions (section 2). The proposed trial would not use the GM wheat and barley for human food or animal feed (section 3). The Act imposes several obligations on the parties involved. The University of Adelaide must provide a comprehensive Risk Assessment and Risk Management Plan (RARMP), which evaluates the potential risks to human health and the environment (section 4). The RARMP must be made available for public consultation to gather feedback and suggestions before the Regulator makes a final decision on the licence application (section 5). Additionally, the draft licence conditions would include limitations on the size, location, and duration of the release, as well as measures to restrict the spread and persistence of the GMOs and the introduced genetic material (section 6). There are potential consequences for non-compliance with the Act's requirements. However, the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the legislation provided. In general, breaches of gene technology regulations can result in fines and imprisonment under Australian law. The maximum penalties for offences related to gene technology can vary, depending on the specific breach and the jurisdiction in which it occurs (section 7). It is essential for parties involved in gene technology activities to adhere to the requirements of the Act to avoid potential legal consequences.