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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 10 March 2017 to date (accessed 27 April 2017 at 15:23)
Part 2 Division 5
Division 5 Minor changes to listings
36A   Minor amendments to Schedules
(1)  The Scientific Committee may determine to amend the description of any species, population, ecological community or threatening process in Schedule 1, 1A, 2 or 3, or to omit the description of any species or population from, or insert a description of any species or population into, Schedule 1, 1A, 2 or 3, without following the procedure set out in Division 3 or 4, if, in the opinion of the Scientific Committee, the amendment, omission or insertion is necessary or desirable for any of the following purposes:
(a)  to reflect any change in the name of a species described in Schedule 1, 1A, 2 or 3, or a reclassification of any such species into further species, as a result of taxonomic revision,
(b)  to correct any minor error or omission,
(c)  to clarify a description of an ecological community (including to reflect new surveys or research information).
(2)  A determination under this Division must not alter the listing status of a particular species or ecological community by:
(a)  moving the description of the species or ecological community from one Schedule to the Act to another Schedule, or
(b)  moving the description of a species from Part 1 of Schedule 1 or 1A to Part 4 of Schedule 1 (or vice versa).
(3)  A determination under this Division must not alter the particular area of any ecological community.
(4)  The procedures for inserting matters in Schedule 1, 1A, 2 or 3 set out in Divisions 3 and 4 do not apply to a determination made under this Division.
36B   Publication of determination
(1)  On making a determination under this Division, the Scientific Committee must, as soon as practicable:
(a)  notify the Minister and the Chief Executive of the determination, and
(b), (c)    (Repealed)
(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.
(3)  Copies of the 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.
(4)    (Repealed)
36C   Revision of Schedule on publication of determination
On the publication of a determination in the Gazette that the description of a species, population, ecological community or threatening process listed in Schedule 1, 1A, 2 or 3 be amended or that a description of a species or population be omitted from or inserted into Schedule 1, 1A, 2 or 3 under this Division, the relevant Schedule is amended:
(a)  in the case of the amendment of a description—by omitting the description from the Schedule concerned and by inserting instead a description in the manner required by the determination, and
(b)  in the case of the omission or insertion of a description—by omitting the description from, or inserting the description into, the Schedule concerned.