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ARTICLE · 01 JULY 2021

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NSW lifts ban on genetically modified crops

Corrs Chambers Westgarth
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Consistent with the actions of other states, the NSW Government has recently decided not to extend the ban on GM crops.

AustraliaEnvironment

For the last 18 years, NSW has imposed a blanket prohibition on the commercial cultivation of all genetically modified food crops, except those that have been specifically approved. On 1 July 2021, this moratorium will lapse, catalysing a new agricultural era.

The regulatory landscape

In Australia, the regulation of genetically modified (GM) crops is governed by the Gene Technology Agreement 2001 (Agreement). The Agreement, signed by the Commonwealth and all Australian states and territories, established a nationally consistent regulatory system for gene technology.

In 2003, under the Agreement, federal, state and territory ministers agreed to issue a policy principle recognising the rights of the state and territory governments to designate zones for GM and non-GM crops. In response, several states and territories issued prohibitions on the commercial cultivation of GM crops, with limited exceptions such as canola, cotton and safflower. However, over the

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