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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 17 September 2019 at 22:16)
Part 4 Division 5
Division 5 Key threatening processes
4.31   List of key threatening processes
Schedule 4 contains a list of key threatening processes for the purposes of this Act.
4.32   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 or ecological communities, or
(b)  it could cause species or ecological communities that are not threatened to become threatened.
(2)  The regulations may prescribe criteria for the determination of matters under this section.
4.33   Procedure for listing key threatening processes
The procedure in Division 3 with respect to the listing of species applies to the listing of threatening processes.
4.34   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:
(a)  the Chairperson may consult 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, and
(b)  if the Chairpersons agree that the nomination should also be so considered, the nomination is to be referred to the Fisheries Scientific Committee for consideration.
(2)  In that case:
(a)  the nomination is then taken also to be a nomination for amendment of Schedule 6 to that Act, made to the Fisheries Scientific Committee in accordance with 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).
(3)  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 4, or
(b)  the nomination of any matter in Schedule 4 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.