(1) Endangered species
Part 1 of Schedule 4 contains a list of endangered species for the purposes of this Part.(2) Endangered populations
Part 2 of Schedule 4 contains a list of endangered populations for the purposes of this Part.(3) Endangered ecological communities
Part 3 of Schedule 4 contains a list of endangered ecological communities for the purposes of this Part.(4) Species presumed extinct
Part 4 of Schedule 4 contains a list of species presumed extinct for the purposes of this Part.(4A) Critically endangered species
Part 1 of Schedule 4A contains a list of critically endangered species for the purposes of this Part.(4B) Critically endangered ecological communities
Part 2 of Schedule 4A contains a list of critically endangered ecological communities for the purposes of this Part.(5) Vulnerable species
Part 1 of Schedule 5 contains a list of vulnerable species for the purposes of this Part.(5A) Vulnerable ecological communities
Part 2 of Schedule 5 contains a list of vulnerable ecological communities for the purposes of this Part.(6) Key threatening processes
Schedule 6 contains a list of key threatening processes for the purposes of this Part.
(1) The Fisheries Scientific Committee may, by order published on the NSW legislation website, amend Schedule 4, 4A, 5 or 6:(a) by inserting the name or description of a species, population, ecological community or threatening process, or(b) by omitting the name or description of a species, population, ecological community or threatening process, or(c) by amending the name or description of a species, population, ecological community or threatening process.(2) The Fisheries Scientific Committee may, by order published on the NSW legislation website, amend this Act by omitting Schedule 4, 4A, 5 or 6 and by inserting instead a Schedule containing the names or descriptions of species, populations, ecological communities or threatening processes.(3) A new species, population, ecological community or threatening process may not be listed, nor any such listing changed or omitted, unless the requirements of Subdivision 2 have been complied with.(4) An order under this section is not invalid because of a contravention of the requirements of Subdivision 2 relating to the order.
220E Identification of nationally threatened species and ecological communities
(1) A species or ecological community listed in Schedule 4, 4A or 5 that is also a listed threatened species or listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is shown in Schedule 4, 4A or 5 to this Act marked with an asterisk to show its national status.(2) As soon as practicable after a species or ecological community that is or was indigenous to New South Wales becomes a listed threatened species or listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, the Fisheries Scientific Committee is to consider whether, in accordance with this Division, the species or ecological community should be listed in Schedule 4, 4A or 5 to this Act.(3) If a species or ecological community ceases to be a listed threatened species or a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth:(a) Schedule 4, 4A or 5 to this Act may be amended to omit the asterisk showing its national status, and(b) the Fisheries Scientific Committee is to consider, in accordance with this Division, whether the species or ecological community should be omitted from Schedule 4, 4A or 5 to this Act.
220F Eligibility for listing of species
(1) A species is eligible to be listed as a species presumed extinct at a particular time if, in the opinion of the Fisheries Scientific Committee, it has not been recorded in its known or expected habitat in New South Wales, despite targeted surveys, over a time frame appropriate, in the opinion of the Fisheries Scientific Committee, to its life cycle and form.(2) A species is eligible to be listed as a critically endangered species if, in the opinion of the Fisheries Scientific Committee, it is facing an extremely high risk of extinction in New South Wales in the immediate future, as determined in accordance with criteria prescribed by the regulations.(3) A species is eligible to be listed as an endangered species if, in the opinion of the Fisheries Scientific Committee:(a) it is facing a very high risk of extinction in New South Wales in the near future, as determined in accordance with criteria prescribed by the regulations, and(b) it is not eligible to be listed as a critically endangered species.(4) A species is eligible to be listed as a vulnerable species if, in the opinion of the Fisheries Scientific Committee:(a) it is facing a high risk of extinction in New South Wales in the medium-term future, as determined in accordance with criteria prescribed by the regulations, and(b) it is not eligible to be listed as an endangered or critically endangered species.
(1) A population is eligible to be listed as an endangered population if, in the opinion of the Fisheries Scientific Committee, it is facing a very high risk of extinction in New South Wales in the near future, as determined in accordance with criteria prescribed by the regulations.(2) A population is not eligible to be listed as an endangered population if it is a population of a species already listed in Schedule 4 or 4A.
220FB Listing of ecological communities
(1) An ecological community is eligible to be listed as a critically endangered ecological community if, in the opinion of the Fisheries Scientific Committee, it is facing an extremely high risk of extinction in New South Wales in the immediate future, as determined in accordance with criteria prescribed by the regulations.(2) An ecological community is eligible to be listed as an endangered ecological community if, in the opinion of the Fisheries Scientific Committee:(a) it is facing a very high risk of extinction in New South Wales in the near future, as determined in accordance with criteria prescribed by the regulations, and(b) it is not eligible to be listed as a critically endangered ecological community.(3) An ecological community is eligible to be listed as a vulnerable ecological community if, in the opinion of the Fisheries Scientific Committee:(a) it is facing a high risk of extinction in New South Wales in the medium-term future, as determined in accordance with criteria prescribed by the regulations, and(b) it is not eligible to be listed as an endangered or critically endangered ecological community.
220FC Threatening processes eligible for listing as key threatening processes
(1) A threatening process is eligible to be listed as a key threatening process if, in the opinion of the Fisheries Scientific Committee:(a) it adversely affects threatened species, populations or ecological communities, or(b) it could cause species, populations or ecological communities that are not threatened to become threatened.(2) The regulations may prescribe criteria for the determination of matters under this section.
220FD Regulations prescribing criteria under this Part
A regulation that prescribes criteria for the purposes of section 220F, 220FA, 220FB or 220FC is not to be made unless the Minister certifies in writing that:(a) the criteria are based on scientific principles only, and(b) any criteria for listing under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth were given due consideration before the regulation was made.