You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2016 - 63)
Skip to content
Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 12 November 2019 at 10:04)
Part 4 Division 2
Division 2 Listing of species and ecological communities
4.2   Lists of species and ecological communities
(1)  Schedule 1 contains a list of threatened species of animals and plants for the purposes of this Act, comprising the following:
(a)  critically endangered species,
(b)  endangered species,
(c)  vulnerable species.
(2)  Schedule 2 contains a list of threatened ecological communities of animals and plants for the purposes of this Act, comprising the following:
(a)  critically endangered ecological communities,
(b)  endangered ecological communities,
(c)  vulnerable ecological communities.
(3)  Schedule 3 contains a list of extinct species, species extinct in the wild and collapsed ecological communities of animals and plants for the purposes of this Act.
4.3   General eligibility for listing
(1)  A species is eligible to be listed under this Part as a threatened species, or as part of a threatened ecological community, only if it is, in the opinion of the Scientific Committee:
(a)  a species of animal that is native to New South Wales or that is known to periodically or occasionally migrate to New South Wales, or
(b)  a species of plant that is native to New South Wales.
(2)  An animal or plant is native to New South Wales if it was established in Australia before European settlement and it occurs naturally in New South Wales.
Note.
 The definition of animal in this Act excludes fish and the definition of plant excludes marine vegetation (subject to section 14.7). Listing and protection of threatened species of fish or marine vegetation is dealt with in Part 7A of the Fisheries Management Act 1994.
4.4   Specific eligibility criteria for listing threatened species
(1)  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 Australia in the immediate future, as determined in accordance with criteria prescribed by the regulations.
(2)  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 Australia 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.
(3)  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 Australia 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.
(4)  If a species is not eligible to be listed in any category in accordance with this section on the basis of the risk of extinction in Australia, then it is eligible to be listed in accordance with this section on the basis of the risk of extinction in New South Wales.
(5)  The regulations may make provision in connection with the separate listing of threatened species and populations of those species.
4.5   Specific eligibility criteria for listing threatened 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 Australia 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 Australia 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 Australia 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.
(4)  If an ecological community is not eligible to be listed in any category in accordance with this section on the basis of the risk of extinction in Australia, then it is eligible to be listed in accordance with this section on the basis of the risk of extinction in New South Wales.
4.6   Specific eligibility criteria for listing extinct species, species extinct in the wild and collapsed ecological communities
(1)  A species is eligible to be listed as an extinct species at a particular time if, in the opinion of the Scientific Committee, there is no reasonable doubt that the last member of the species in Australia has died.
(2)  A species is eligible to be listed as a species extinct in the wild at a particular time if, in the opinion of the Scientific Committee:
(a)  it is known only to survive in Australia in cultivation, in captivity or as a naturalised population well outside its past range, or
(b)  it has not been recorded in its known or expected habitat in Australia, despite targeted surveys, over a time frame appropriate, in the opinion of the Scientific Committee, to its life cycle and form.
(3)  If, in the opinion of the Scientific Committee, a species is extinct or extinct in the wild in New South Wales but not Australia, it is to note that fact in a listing of the species in Schedule 1.
(4)  An ecological community is eligible to be listed as a collapsed ecological community at a particular time if, in the opinion of the Scientific Committee, all occurrences of the ecological community have moved outside the natural range of spatial and temporal variability in terms of its composition, structure or function.
4.7   Regulations prescribing eligibility criteria for listing
A regulation that prescribes criteria for the purposes of this Division is not to be made unless the Minister certifies that:
(a)  the criteria are based on scientific principles only, and
(b)  the criteria for listing under a common assessment method agreed between the Commonwealth, States and Territories were given due consideration before the regulation was made.