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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 21 September 2019 at 14:36)
Part 4 Division 7
Division 7 Threatened Species Scientific Committee
4.38   Establishment of Scientific Committee
(1)  There is established by this Act a body corporate with the corporate name of the Threatened Species Scientific Committee (the Scientific Committee).
(2)  The Scientific Committee is a NSW Government agency.
4.39   Scientific Committee not subject to Ministerial control
The Scientific Committee is not subject to the control or direction of the Minister.
4.40   Functions of Scientific Committee
(1)  The functions of the Scientific Committee are as follows:
(a)  to determine which species are to be listed under this Act as relevant categories of threatened species and which ecological communities are to be listed under this Act as relevant categories of threatened ecological communities,
(b)  to determine which species are to be listed under this Act as extinct species or species extinct in the wild and which ecological communities are to be listed under this Act as collapsed ecological communities,
(c)  to determine which processes are to be listed under this Act as key threatening processes,
(d)  to advise the Minister on any matter relating to the conservation of threatened species or threatened ecological communities that is referred to the Scientific Committee by the Minister,
(e)  to periodically review the lists of threatened species and threatened ecological communities and key threatening processes,
(f)  such other functions as are conferred or imposed on the Scientific Committee by or under this or any other Act.
(2)  The Scientific Committee may, in the exercise of its functions, make use of consultants or obtain assistance or advice from other persons.
4.41   Members of Scientific Committee
(1)  The Scientific Committee is to consist of 11 members appointed by the Minister.
(2)  Of the members of the Scientific Committee:
(a)  2 are to be scientists who are employees of the Office of Environment and Heritage and nominated by the Environment Agency Head, and
(b)  1 is to be a scientist who is an employee of, and nominated by, the Royal Botanic Gardens and Domain Trust, and
(c)  1 is to be a scientist who is an employee of, and nominated by, the Australian Museum Trust, and
(d)  1 is to be a scientist who is an employee of, and nominated by, the Commonwealth Scientific and Industrial Research Organisation, and
(e)  2 are to be scientists who are employees of a public authority and who have expertise in forest ecology, agricultural science or natural resource management, and
(f)  4 are to be scientists who are:
(i)  employees of a New South Wales tertiary educational institution, or
(ii)  nominated by a professional body principally involved in ecological or invertebrate research.
(3)  A person who is appointed as a member of the Scientific Committee is to have expertise in one or more of the following areas of study:
(a)  vertebrate biology,
(b)  invertebrate biology,
(c)  plant biology,
(d)  terrestrial ecology,
(e)  plant community ecology,
(f)  limnology,
(g)  aquatic biology,
(h)  genetics of small populations,
(i)  population dynamics (including population viability analysis or evolutionary ecology).
(4)  If the person or body responsible for nominating a member of the Scientific Committee under this section (the nominating body) fails to submit a nomination to the Minister, within such time and in such manner as may be specified by the Minister by notice in writing to the nominating body, the Minister:
(a)  may seek a nomination from any other person or body that the Minister considers to be a suitable substitute for the nominating body, and
(b)  may appoint any scientist nominated by that other person or body as a member of the Scientific Committee, in place of a scientist nominated by the nominating body.
Note.
 Schedule 7 contains other provisions relating to the members and procedure of the Scientific Committee.