You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1995 - 101)
Threatened Species Conservation Act 1995 No 101
Repealed version for 18 August 2017 to 24 August 2017 (accessed 18 November 2017 at 08:08)
Part 2 Division 2
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)