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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Repealed version for 18 August 2017 to 24 August 2017 (accessed 23 November 2017 at 03:56)
Part 2
Part 2 Listing of threatened species, populations and ecological communities and key threatening processes
Introductory note.
 This Part provides for the identification, and classification, of the species, populations and ecological communities with which this Act is concerned. It also provides for the identification of key threatening processes that are most likely to jeopardise the survival of those species, populations and ecological communities. To this end, this Part provides for the listing:
•  in Schedule 1, of endangered species, endangered populations and ecological communities and species that are presumed to be extinct, and
•  in Schedule 1A, of critically endangered species and ecological communities, and
•  in Schedule 2, of vulnerable species and vulnerable ecological communities, and
•  in Schedule 3, of key threatening processes.
The initial lists of threatened species, that is, species that are endangered, presumed extinct or vulnerable are contained in this Act on its commencement. Responsibility for inserting lists of critically endangered species, endangered populations, endangered and critically endangered ecological communities and threatening processes, and for adding items to, omitting items from or amending items in the lists of threatened species, populations and ecological communities and threatening processes rests with the Scientific Committee.
Division 1 makes provision with respect to Schedules 1–3 that are to contain lists of the species, populations and ecological communities and key threatening processes with which this Act is concerned.
Division 2 deals with eligibility for listing.
Division 3 describes the process by which the items may be added to or omitted from lists and by which items in lists may be amended, and makes provision for public participation in that process.
Division 4 describes the process by which species that are endangered or critically endangered may be listed provisionally in Schedule 1 or 1A, on an emergency basis, before the formal listing process described in Division 3 has been undertaken or completed, and makes provision for public participation in that process.
Division 5 describes the process by which certain minor amendments may be made to Schedules 1–3.
Offences relating to the harming of threatened species, populations and ecological communities (being animals) and the picking of threatened species, populations and ecological communities (being plants) are contained in the National Parks and Wildlife Act 1974.
Division 1 Lists of threatened species, populations and ecological communities and key threatening processes
6   Lists of endangered and critically endangered species, populations and ecological communities
(1)  Part 1 of Schedule 1 contains a list of endangered species for the purposes of this Act.
(2)  Part 2 of Schedule 1 contains a list of endangered populations for the purposes of this Act.
(3)  Part 3 of Schedule 1 contains a list of endangered ecological communities for the purposes of this Act.
(4)  Part 4 of Schedule 1 contains a list of species presumed extinct for the purposes of this Act.
(4A)  Part 1 of Schedule 1A contains a list of critically endangered species for the purposes of this Act.
(4B)  Part 2 of Schedule 1A contains a list of critically endangered ecological communities for the purposes of this Act.
(5)  Any endangered or critically endangered species or species presumed extinct that is a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that the species is considered to be a threatened species nationally.
(6)  Any endangered or critically endangered ecological community that is a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that it is considered to be a threatened ecological community nationally.
7   Schedule 2 list of vulnerable species and ecological communities
(1)  Part 1 of Schedule 2 contains a list of vulnerable species for the purposes of this Act.
(2)  Part 2 of Schedule 2 contains a list of vulnerable ecological communities for the purposes of this Act.
(3)  Any vulnerable species that is a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that it is considered to be a threatened species nationally.
(4)  Any vulnerable ecological community that is a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that it is considered to be a threatened ecological community nationally.
8   Schedule 3 list of key threatening processes
Schedule 3 contains a list of key threatening processes for the purposes of this Act.
9   Listing of nationally threatened species and ecological communities
(1)  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 a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, the Scientific Committee is to consider whether, in accordance with Divisions 2 and 3, the species or ecological community should be listed as a threatened species or threatened ecological community in Schedule 1, 1A or 2 to this Act.
(2)  Any species or ecological community that is inserted in a Schedule pursuant to this section is to be marked with an asterisk to show its national status.
(3)  If a threatened species or threatened 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)  the Minister is, by order published in the Gazette, to amend Schedule 1, 1A or 2 to this Act to omit the asterisk showing its national status, and
(b)  the Scientific Committee is to consider, in accordance with Division 3, whether the species or ecological community should be omitted from Schedule 1, 1A or 2 to this Act.
(4)  If a threatened species or threatened ecological community becomes a listed threatened species or a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth subsequent to its being listed in Schedule 1, 1A or 2 to this Act, the Minister is, by order published in the Gazette, to amend Schedule 1, 1A or 2 to this Act to insert an asterisk showing its national status.
Division 2 Eligibility for listing
10   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 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 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 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 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 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.
11   Listing of populations
(1)  A population is eligible to be listed as an endangered population if, in the opinion of the 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 1 or 1A.
12   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 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 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 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.
13   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 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.
14   Regulations prescribing criteria under this Part
A regulation that prescribes criteria for the purposes of section 10, 11, 12 or 13 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.
15   (Repealed)
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.
Division 4 Procedure for provisional listing of endangered or critically endangered species on emergency basis
26   Operation of Division
This Division sets out the procedure to be adopted for the purposes of enabling matter to be provisionally listed in Schedule 1 or 1A on an emergency basis.
Note.
 Only species that are likely to be endangered or critically endangered may be provisionally listed.
27   Scientific Committee responsible for provisional listing
The Scientific Committee is responsible for determining whether any species should be provisionally listed in Schedule 1 or 1A as an endangered or critically endangered species on an emergency basis.
28   Eligibility for provisional listing
A species is eligible to be provisionally listed in Schedule 1 or 1A as an endangered or critically endangered species if, in the opinion of the Scientific Committee:
(a)  the species:
(i)  although not previously known to have existed in New South Wales, is believed on current knowledge to be indigenous to New South Wales, or
(ii)  was presumed to be extinct in New South Wales but has been rediscovered, and
(b)  the species is not listed in Part 1 of Schedule 1 or 1A.
29   Who may initiate action for provisional 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
(b)  on a nomination, made in accordance with this Division, of any other person.
30   Making nomination for provisional listing
(1)  Any person may nominate any species for provisional listing in Schedule 1 or 1A.
(2)  A nomination must be in writing addressed to the Chairperson of the Scientific Committee and must include any information prescribed by the regulations.
31   Scientific Committee may request additional information
The Scientific Committee may request a person who makes a nomination for provisional listing to provide additional information about the subject matter of the nomination within a specified period.
32   Consideration of nomination for provisional listing by Scientific Committee
(1)  The Scientific Committee is to consider each nomination as soon as practicable after it is made or, if additional information has been requested, after that information has been provided or the period specified for its provision has expired.
(2)  In any event, the Scientific Committee must make a determination about a nomination within 6 months after it is made or, if additional information has been requested, after that information has been provided or the period specified for its provision has expired.
(3)  The Scientific Committee may consider different nominations about the same subject together.
(4)  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.
(5)  If the Scientific Committee rejects a nomination, it is to notify the Minister, the Chief Executive and the person who made the nomination and is to give reasons for the rejection.
33   Publication of determination for provisional listing
(1)  On making a determination for provisional listing, 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 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.
(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.
34   Effect of publication of determination for provisional listing
On the publication of the determination that a species be provisionally listed in Schedule 1 or 1A, Schedule 1 or 1A is taken for all purposes to have been amended by the insertion of the description of the species that is the subject of the determination until such time as the provisional listing ceases to have effect in accordance with this Division.
35   Scientific Committee to review status of provisionally listed species
(1)  As soon as practicable after the publication of a determination under this Division, the Scientific Committee must review the status of a provisionally listed species to determine whether or not the species should be listed as a threatened species.
(2)  The requirements of sections 22–25 apply to the review of a provisional listing.
36   Termination of provisional listing
The provisional listing of a species in Schedule 1 or 1A ceases to have effect:
(a)  if the Scientific Committee makes a final determination in accordance with Division 3 that the species should be listed in Schedule 1, 1A or 2—when that determination is published in the Gazette, or
(b)  if the Scientific Committee makes a final determination in accordance with Division 3 that the species should not be listed in Schedule 1, 1A or 2—when the Scientific Committee publishes a notice to that effect in the Gazette, or
(c)  within 12 months after the provisional listing,
whichever first occurs.
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.