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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 18 November 2019 at 15:28)
Part 4 Division 4
Division 4 Procedure for provisional listing of endangered or critically endangered species on emergency basis
4.21   Operation of Division
This Division sets out the procedure for provisionally listing an endangered or critically endangered species on an emergency basis.
4.22   Scientific Committee responsible for provisional listing
The Scientific Committee is responsible for determining whether any species should be provisionally listed under this Division.
4.23   Eligibility for provisional listing
A species is eligible to be provisionally listed under this Division 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 native to New South Wales, or
(ii)  is subject to an immediate and significant threat of extinction, or
(iii)  was presumed to be extinct or extinct in the wild but has been rediscovered, and
(b)  the species is not listed in Schedule 1 as an endangered or critically endangered species.
4.24   Who may initiate provisional listing
(1)  The Scientific Committee may determine to provisionally list a species under this Division on its own initiative.
(2)  The Scientific Committee may also determine to provisionally list a species under this Division:
(a)  following a request by the Minister, or
(b)  on a nomination under this Division of any other person, or
(c)  following an assessment for listing by the Commonwealth or another State or Territory under a common assessment method agreed between the Commonwealth, States and Territories.
4.25   Making nomination for provisional listing
(1)  A nomination by any person for the provisional listing of an endangered or critically endangered species must:
(a)  be made in writing to the Scientific Committee, and
(b)  include any information required by the Scientific Committee.
(2)  The Scientific Committee may request the person making the nomination to provide additional information about the nomination before it deals with the nomination.
4.26   Consideration of nomination for provisional listing by Scientific Committee
The provisions of Division 3 relating to the consideration by the Scientific Committee of a nomination for listing apply also to a nomination for the provisional listing of a species under this Division.
4.27   Publication of determination for provisional listing
(1)  A determination for provisional listing is made by the Scientific Committee on its publication on the NSW legislation website.
(2)  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 Environment Agency Head of the determination, and
(c)  publish notice of, and reasons for, the determination in accordance with any requirements of the regulations.
4.28   Effect of publication of determination for provisional listing
Schedule 1, 2 or 3 (as the case requires) is amended to give effect to a determination for provisional listing on the date on which the determination is published on the NSW legislation website. The amendment ceases to have effect when the provisional listing ceases to have effect under this Division.
4.29   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 in Schedule 1 as a threatened species.
(2)  The requirements of Division 3 relating to the making of preliminary and final determinations for listing apply to the review of a provisional listing.
4.30   Termination of provisional listing
The provisional listing of a species under this Division ceases to have effect:
(a)  when the Scientific Committee makes a final determination in accordance with Division 3 on whether the species should or should not be listed, or
(b)  at the end of 2 years after the provisional listing,
whichever first occurs.