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Contents (1995 - 101)
Threatened Species Conservation Act 1995 No 101
Repealed version for 18 August 2017 to 24 August 2017 (accessed 15 December 2017 at 07:48)
Part 1
Part 1 Preliminary
Introductory note.
 This Part contains provisions that set out the objects of this Act and define terms used in this Act. The Part also contains machinery provisions.
1   Name of Act
This Act is the Threatened Species Conservation Act 1995.
2   Commencement
(1)  This Act commences on a day or days to be appointed by proclamation, except as provided in this section.
(2)  Section 155 (2) commences on the date of assent to this Act.
3   Objects of Act
The objects of this Act are as follows:
(a)  to conserve biological diversity and promote ecologically sustainable development, and
(b)  to prevent the extinction and promote the recovery of threatened species, populations and ecological communities, and
(c)  to protect the critical habitat of those threatened species, populations and ecological communities that are endangered, and
(d)  to eliminate or manage certain processes that threaten the survival or evolutionary development of threatened species, populations and ecological communities, and
(e)  to ensure that the impact of any action affecting threatened species, populations and ecological communities is properly assessed, and
(f)  to encourage the conservation of threatened species, populations and ecological communities by the adoption of measures involving co-operative management.
4   Definitions
(1)  In this Act:
animal means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate or invertebrate and in any stage of biological development, but does not include:
(a)  humans, or
(b)  fish within the meaning of Part 7A of the Fisheries Management Act 1994.
Note.
 
Some types of fish may be included in the definition of animal. See section 5A.
BDAC means the Biological Diversity Advisory Council established under Part 9A.
biodiversity values has the meaning given by section 4A.
biological diversity means the diversity of life and is made up of the following 3 components:
(a)  genetic diversity—the variety of genes (or units of heredity) in any population,
(b)  species diversity—the variety of species,
(c)  ecosystem diversity—the variety of communities or ecosystems.
Chief Executive means the Chief Executive of the Office.
consent authority has the same meaning as in the Planning Act.
council has the same meaning as in the Local Government Act 1993.
critical habitat means habitat declared to be critical habitat under Part 3.
critically endangered ecological community means an ecological community specified in Part 2 of Schedule 1A.
critically endangered species means a species specified in Part 1 of Schedule 1A.
critically endangered species and ecological communities means species and ecological communities specified in Schedule 1A and critically endangered species or ecological community means a species or ecological community respectively specified in that Schedule.
ecological community means an assemblage of species occupying a particular area.
ecologically sustainable development has the same meaning as under section 6 (2) of the Protection of the Environment Administration Act 1991.
endangered ecological community means an ecological community specified in Part 3 of Schedule 1.
endangered population means a population specified in Part 2 of Schedule 1.
endangered species means a species specified in Part 1 of Schedule 1.
endangered species, populations and ecological communities means species, populations and ecological communities specified in Schedule 1 and endangered species, population or ecological community means a species, population or ecological community respectively specified in that Schedule.
environmental planning instrument or EPI means an environmental planning instrument under the Planning Act.
exercise a function includes perform a duty.
Fisheries Scientific Committee means the Fisheries Scientific Committee constituted under Part 7A of the Fisheries Management Act 1994.
function includes a power, authority or duty.
habitat means an area or areas occupied, or periodically or occasionally occupied, by a species, population or ecological community and includes any biotic or abiotic component.
harm has the same meaning as in the National Parks and Wildlife Act 1974.
joint management agreement means an agreement entered into under Division 2 of Part 7.
key threatening process means a threatening process specified in Schedule 3.
land includes:
(a)  buildings and other structures permanently fixed to land, and
(b)  land covered with water, and
(c)  the sea or an arm of the sea, and
(d)  a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or not, and
(e)  a river, stream or watercourse, whether tidal or not.
landholder of land means a person who owns land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land.
list means a list set out in Schedule 1, 1A, 2 or 3 and includes a list in one or more of those Schedules that does not contain any entries.
local strategic plan means a local strategic plan approved under Part 4 of the Local Land Services Act 2013.
NRC means the Natural Resources Commission established under the Natural Resources Commission Act 2003.
Office means the Office of Environment and Heritage.
owner, in relation to land, includes:
(a)  every person who, either at law or in equity:
(i)  is entitled to the land for any estate of freehold in possession, or
(ii)  is a person to whom the Crown has lawfully contracted to sell the land under the Crown Lands Act 1989 or any other Act relating to the alienation of lands of the Crown, or
(iii)  is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits in respect of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise, and
(b)  a person who leases land under the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901), and
(c)  any other person who, under the regulations, is taken to be the owner of land.
pick has the same meaning as in the National Parks and Wildlife Act 1974.
plant means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, but does not include marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
Note.
 
Some types of marine vegetation may be included in the definition of plant. See Section 5A.
population means a group of organisms, all of the same species, occupying a particular area.
Priorities Action Statement means a Threatened Species Priorities Action Statement under Part 5A.
public authority means any public or local authority constituted by or under an Act, a Public Service agency, a statutory body representing the Crown, or a State owned corporation, and includes a person exercising any function on behalf of the authority, agency, body or corporation and any person prescribed by the regulations to be a public authority.
recovery plan means a plan prepared and approved under Part 4.
region means, for the purposes of the provision in which it is used, a bioregion defined in a national system of bioregionalisation that is determined (by the Chief Executive under subsection (4)) to be appropriate for those purposes. If the bioregion occurs partly within and partly outside New South Wales, the region consists only of so much of the bioregion as occurs within New South Wales.
Scientific Committee means the Scientific Committee constituted under Part 8.
SEAC means the Social and Economic Advisory Council established under Part 9A.
species of animal or plant includes any defined sub-species and taxon below a sub-species and any recognisable variant of a sub-species or taxon.
species impact statement means a statement referred to in Division 2 of Part 6 and includes an environmental impact statement, prepared under the Planning Act, that contains a species impact statement.
species presumed extinct means a species specified in Part 4 of Schedule 1.
Strategy means the Biological Diversity Strategy referred to in section 140.
threat abatement plan means a plan prepared and approved under Part 5.
threatened ecological community means an ecological community specified in Part 3 of Schedule 1, Part 2 of Schedule 1A or Part 2 of Schedule 2.
threatened species means a species specified in Part 1 or 4 of Schedule 1, Part 1 of Schedule 1A or Part 1 of Schedule 2.
threatened species, populations and ecological communities means species, populations and ecological communities specified in Schedules 1, 1A and 2 and threatened species, population or ecological community means a species, population or ecological community specified in any of those Schedules.
Note.
 In some cases vulnerable ecological communities are excluded from this expression. See subsection (5).
threatening process means a process that threatens, or may have the capability to threaten, the survival or evolutionary development of species, populations or ecological communities.
vulnerable ecological community means an ecological community specified in Part 2 of Schedule 2.
vulnerable species means a species specified in Part 1 of Schedule 2.
Note.
 The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2)  A reference in this Act to animal-life or plant-life indigenous to New South Wales is a reference to animal-life or plant-life of a species that was established in New South Wales before European settlement.
(3)  A reference in this Act to New South Wales includes a reference to the coastal waters of the State.
Note.
 Coastal waters of the State is defined in section 58 of the Interpretation Act 1987.
(4)  For the purposes of the definition of region in subsection (1), a determination of bioregions is to be made by the Chief Executive by order published in the Gazette. The Chief Executive is to consult the Director of NSW Fisheries before making any such order and is to obtain the concurrence of that Director with respect to areas occupied by fish or marine vegetation.
(5)  In Parts 6 and 7, a reference to threatened species, populations and ecological communities or threatened species, population or ecological community (however expressed) does not include a reference to any vulnerable ecological community. However, this subsection does not affect the application of those Parts to any threatened species or endangered populations that may form part of a vulnerable ecological community.
Note.
 Vulnerable ecological communities are excluded from the licensing provisions of this Act and from related offences under the National Parks and Wildlife Act 1974. However, the Chief Executive may prepare a recovery plan in respect of a vulnerable ecological community and that plan and the provisions of Division 2 of Part 4 of this Act apply in respect of the implementation of that plan.
4A   Biodiversity values—meaning
(1)  For the purposes of this Act, biodiversity values includes the composition, structure and function of ecosystems, and includes (but is not limited to) threatened species, populations and ecological communities, and their habitats.
(2)  However, a reference in this Act to biodiversity values does not extend to biodiversity values as they relate to fish, or marine vegetation, within the meaning of Part 7A of the Fisheries Management Act 1994, other than those that are considered to be animals or plants because of an order made under section 5A of this Act.
5   Notes in text
Introductory notes to Parts and other notes do not form part of this Act.
5A   Relationship between this Act and Part 7A of the Fisheries Management Act 1994
(1)  The Minister may, by order made with the concurrence of the Minister administering the Fisheries Management Act 1994:
(a)  declare a species of fish to be a species of animal for the purposes of this Act if it is an invertebrate and it is a species that may inhabit a terrestrial environment at some stage of its biological development, or
(b)  declare a species of marine vegetation to be a species of plant for the purposes of this Act if it is a species that may inhabit freshwater or a terrestrial environment at some stage of its biological development.
(2)  Any species of fish or marine vegetation that is the subject of an order in force under this section is taken to be a species of an animal or plant for the purposes of this Act, in accordance with the terms of the order.
(3)  The Minister and the Minister administering the Fisheries Management Act 1994 may at any time consult with each other for the purpose of determining whether an order under this section should be made and the terms of the order.
(4)  The Ministers may also consult with the Chairperson of the Scientific Committee, the Chairperson of the Fisheries Scientific Committee and any other person or body before making an order under this section.
(5)  If the Ministers are unable to resolve any dispute between them as to the making or the terms of an order under this section, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.
(6)  An order under this section is to be published in the Gazette.
(7)  For avoidance of doubt, an order under this section does not require the species concerned to be listed under Part 2 of this Act.
(8)  In this section:
fish means any fish (within the meaning of the Fisheries Management Act 1994) that is indigenous to New South Wales.
freshwater has the same meaning as in the Fisheries Management Act 1994.
marine vegetation means any marine vegetation (within the meaning of the Fisheries Management Act 1994) that is indigenous to New South Wales.