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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Repealed version for 18 August 2017 to 24 August 2017 (accessed 18 December 2017 at 04:45)
Part 2 Division 4
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.