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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 26 May 2017 to date (accessed 23 June 2017 at 04:35)
Part 2 Division 3
Division 3 Procedure for listing
16   Operation of Division
(1)  This Division sets out the procedure to be adopted for the purposes of inserting matter in, omitting matter from or amending matter in Schedule 1, 1A, 2 or 3.
(2)  The procedure set out in this Division does not apply to the provisional listing of endangered or critically endangered species, populations or ecological communities, on an emergency basis, by the Scientific Committee under Division 4.
(3)  A proposal that involves the alteration of the listing status of a species or ecological community (by moving the description of the species or ecological community from one Schedule to another or from one Part of a Schedule to another Part of the Schedule) may be dealt with under this Division as a composite proposal, whereby all aspects of the proposal are dealt with together.
17   Scientific Committee responsible for lists
(1)  The Scientific Committee is responsible for determining whether any species, population, ecological community or threatening process should be inserted in or omitted from Schedule 1, 1A, 2 or 3 or whether any matter in those Schedules should be amended.
(2)    (Repealed)
18   Who may initiate action for listing
(1)  The Scientific Committee may make a determination for the purposes of this Division on its own initiative.
(2)  The Scientific Committee may also make a determination:
(a)  following a request by the Minister or the NRC, or
(b)  on a nomination, made in accordance with this Division, of any other person.
19   Making nomination for inclusion on, omission from or amendment of list
(1)  Any person may nominate any species, population or ecological community for insertion in or omission from Schedule 1, 1A or 2.
(2)  Any person may nominate any matter in Schedule 1, 1A or 2 for amendment.
(3)  Any person may nominate any threatening process for insertion in or omission from Schedule 3.
(4)  Any person may nominate any matter in Schedule 3 for amendment.
(5)  A nomination must:
(a)  be made in writing addressed to the Chairperson of the Scientific Committee, and
(b)  include any information prescribed by the regulations, and
(c)  be made in accordance with any guidelines for the making of nominations published from time to time by the Chief Executive and the Scientific Committee.
(6)  The Scientific Committee is to give notice of a nomination to the Minister and the NRC within 14 days after the nomination is tabled at a meeting of the Committee.
19A   Referral of nomination to Fisheries Scientific Committee
(1)  If, in the opinion of the Chairperson of the Scientific Committee, a nomination of a key threatening process relates to a threatening process that is likely to have an impact on both terrestrial and aquatic environments, the Chairperson may consult with the Chairperson of the Fisheries Scientific Committee for the purpose of determining whether the nomination should also be considered by the Fisheries Scientific Committee under Part 7A of the Fisheries Management Act 1994.
(2)  If the Chairpersons agree that the nomination should also be considered by the Fisheries Scientific Committee under Part 7A of the Fisheries Management Act 1994, the nomination is to be referred to the Fisheries Scientific Committee for consideration.
(3)  In such a case:
(a)  the nomination is taken to also be a nomination for amendment of Schedule 6 to that Act, made to the Fisheries Scientific Committee in accordance with Part 7A of that Act on the date the Chairpersons agree that it should also be considered by the Fisheries Scientific Committee under Part 7A of the Fisheries Management Act 1994, and
(b)  Part 7A of that Act applies in relation to the nomination (in addition to this Division).
(4)  For the purposes of this section, a nomination of a key threatening process means:
(a)  the nomination of any matter to be inserted in or omitted from Schedule 3, or
(b)  the nomination of any matter in Schedule 3 for amendment.
Note.
 There is a reciprocal process in Part 7A of the Fisheries Management Act 1994 for the referral of nominations made under that Part to the Scientific Committee in appropriate cases.
20   Scientific Committee may request additional information
The Scientific Committee may request a person who makes a nomination to provide additional information about the subject matter of the nomination within a specified period.
21   Consideration of nomination by Scientific Committee
(1)  The Scientific Committee is to determine priorities for its consideration of nominations every 12 months and in determining those priorities is to have regard to:
(a)  the degree of threat, immediacy of threat, taxonomic distinctiveness and such other matters as the Scientific Committee considers relevant, and
(b)  any advice or recommendations of the Minister or the NRC concerning those priorities.
(1A)  The NRC and the Minister may give advice or make recommendations to the Scientific Committee concerning priorities for the consideration of nominations by the Scientific Committee, and in giving that advice or making those recommendations the NRC and the Minister may consider State-wide issues of concern in biodiversity conservation.
(2)  The Scientific Committee may consider different nominations about the same subject together.
(3)  The Scientific Committee may reject a nomination if:
(a)  the subject of the nomination has already been dealt with, or
(b)  the nomination is vexatious, or
(c)  the nomination is not accompanied by the information prescribed by the regulations, or
(d)  any additional information requested by the Scientific Committee is not provided within the period specified for its provision, or
(e)  any additional information provided is inadequate and does not satisfy the Scientific Committee’s request.
(4)  If the Scientific Committee rejects a nomination, it is to notify the Minister, the NRC, the Chief Executive and the person who made the nomination and is to give reasons for the rejection.
(5)  A person must not deliberately and wilfully make a vexatious nomination of any species, population or ecological community for insertion in or omission from Schedule 1, 1A or 2.
Maximum penalty: 20 penalty units.
22   Scientific Committee’s preliminary determination
(1)  The Scientific Committee, after considering a proposal raised on its own initiative or in response to a request from the Minister or a nomination by another person, must make a preliminary determination as to whether the proposal should be supported or not supported.
(2)  As soon as possible after making a preliminary determination, the Scientific Committee must:
(a)  in a case involving a nomination, notify the person who made the nomination, the Minister and the Chief Executive, and
(b)  in a case of a proposal raised on its own initiative or in response to a request from the Minister, notify the Minister and the Chief Executive, and
(c)  publish notice of its preliminary determination in a newspaper circulating generally throughout the State and, if the determination is likely to affect a particular area or areas (other than the State as a whole), in a newspaper circulating generally in that area or areas, and
(d)  publish notice of the making of the preliminary determination in the Gazette.
(3)  The notice must:
(a)  state that the preliminary determination has been prepared, and
(b)  specify the manner in which members of the public may obtain a copy of the determination and the reasons for it, and
(c)  invite persons to make written submissions to the Scientific Committee about the determination, and
(d)  specify the address of the place to which submissions about the determination may be forwarded and the date by which submissions must be made.
(4)  The notice must specify the date by which and the address of the place to which any person may forward written submissions to the Scientific Committee about a preliminary determination.
(5)  The Scientific Committee must consider all written submissions received by it on or before the date specified in the notice, being a date occurring not less than 30 days and not more than 150 days after the date on which the notice was first published under this section.
(6)  Copies of a preliminary determination and the reasons for it are to be made available to members of the public (free of charge) as follows:
(a)  by publication on the internet site of the National Parks and Wildlife Service,
(b)  in response to a request made by contacting an office of the National Parks and Wildlife Service in a manner specified in the notice of the determination,
(c)  in response to a request made in person at an office of the National Parks and Wildlife Service at an address specified in the notice of the determination.
(7)  The reasons for a preliminary determination are to include reference to such of the criteria prescribed by the regulations under sections 10–13 as may be relevant to the determination.
23   Scientific Committee’s final determination
(1)  The Scientific Committee must either accept or reject a proposal for inclusion, or amendment, of matter in or omission of matter from Schedule 1, 1A, 2 or 3 and must give reasons for its decision.
(1A)  The reasons for a determination are to include reference to such of the criteria prescribed by the regulations under sections 10–13 as may be relevant to the determination.
(2)  In a case involving a nomination, the Scientific Committee must make a final determination within 6 months after the closing date for making submissions to the Scientific Committee about its preliminary determination on the matter (as specified in the notice under section 22).
(3)  Before making a final determination the Scientific Committee must give the Minister notice in writing of the proposed final determination and the reasons for it. The Minister then has 2 months to decide whether to refer the proposed final determination back to the Scientific Committee for further consideration under section 23A.
(4)  The Scientific Committee is not to proceed to make the proposed final determination unless:
(a)  the Minister has notified the Scientific Committee that the Minister has decided not to refer the proposed determination back to the Scientific Committee for further consideration, or
(b)  the Minister has not referred the proposed final determination back to the Scientific Committee for further consideration under section 23A within 2 months after the Minister was given notice of the proposed final determination, or
(c)  if the Minister has referred the proposed final determination back to the Scientific Committee for further consideration under section 23A within that 2 months, the Scientific Committee has decided to proceed with the final determination following that further consideration.
(5)  The Minister may at the request of the Scientific Committee extend and further extend the period of 6 months under subsection (2), to a maximum period of 2 years.
(6)  Failure to make a final determination within the period required by this section or to give notice to the Minister of a proposed final determination within the period required by this section does not affect the validity of the determination.
23A   Minister’s response to proposed final determination
(1)  Within 2 months after receiving notice from the Scientific Committee of a proposed final determination, the Minister may:
(a)  notify the Scientific Committee that the Minister has decided not to refer the proposed determination back to the Scientific Committee for further consideration, or
(b)  refer the proposed final determination back to the Scientific Committee for further consideration.
(2)  The Minister may only refer a matter back to the Scientific Committee for reasons of a scientific nature provided to the Scientific Committee. In the case of a nomination, the Scientific Committee is to notify the person who made the nomination that the matter has been referred back to the Scientific Committee and of the Minister’s reasons for doing so.
(3)  If a proposed final determination is referred back to the Scientific Committee for further consideration:
(a)  the Scientific Committee may, after further considering it, decide to proceed with the final determination, to change the final determination or not to proceed with the final determination, and
(b)  the Scientific Committee is to make that decision within 3 months, and
(c)  the Minister cannot refer the matter back to the Scientific Committee again after it has made that decision.
(4)  Failure to make a decision within the period required by this section does not affect the validity of the decision.
24   Publication of final determination
(1)  On making a final determination, the Scientific Committee must, as soon as practicable:
(a)  in a case involving a nomination, notify the person who made the nomination of the determination, and
(b)  notify the Minister, the NRC and the Chief Executive of the determination, and
(c)  publish notice of the determination in a newspaper circulating generally throughout the State and, if the determination is likely to affect a particular area or areas (other than the State as a whole), in a newspaper circulating generally in that area or areas, and
(d)  publish notice of the making of the determination in the Gazette.
(2)  The notice must specify the manner in which members of the public may obtain a copy of the determination and the reasons for it.
(2A)  The reasons for a final determination are to include reference to such of the criteria prescribed by the regulations under sections 10–13 as may be relevant to the determination.
(3)  Copies of the final determination and the reasons for it are to be made available to members of the public (free of charge) as follows:
(a)  by publication on the internet site of the Office,
(b)  in response to a request made by contacting an office of the National Parks and Wildlife Service in a manner specified in the notice of the determination,
(c)  in response to a request made in person at an office of the National Parks and Wildlife Service at an address specified in the notice of the determination.
(4)  The validity of a final determination cannot be questioned in any legal proceedings except those commenced in a court by any person within 6 months of the date of publication in the Gazette of notice of the making of the final determination.
25   Revision of Schedule on publication of final determination
On the publication of a final determination in the Gazette that:
(a)  a species, population, ecological community or threatening process be inserted in Schedule 1, 1A, 2 or 3—the relevant Schedule is amended by inserting the species, population, ecological community or threatening process, or
(b)  a species, population, ecological community or threatening process be omitted from Schedule 1, 1A, 2 or 3—the relevant Schedule is amended by omitting the species, population, ecological community or threatening process, or
(c)  a species, population, ecological community or threatening process listed in Schedule 1, 1A, 2 or 3 be amended—the relevant Schedule is amended by omitting the species, population, ecological community or threatening process that is set out in the Schedule and by inserting instead a description of the species, population, ecological community or threatening process in the manner required by the determination.
25A   Lists to be kept under review
(1)  The Scientific Committee must keep the lists in Schedules 1, 1A, 2 and 3 under review and must, at least every 2 years, determine whether any changes to the lists are necessary.
(2)  The NRC or the Minister may give advice or make recommendations to the Scientific Committee concerning priorities for the review of the lists in Schedules 1, 1A, 2 and 3 under this section, and the Scientific Committee is to have regard to any such advice or recommendations.
(3)  The NRC or the Minister may give directions to the Scientific Committee requiring the Scientific Committee to undertake investigations for the purpose of identifying species, populations and communities that are potentially threatened species, populations and communities.