An Act to conserve threatened species, populations and ecological communities of animals and plants; to amend the National Parks and Wildlife Act 1974, the Environmental Planning and Assessment Act 1979 and certain other Acts; to repeal the Endangered Fauna (Interim Protection) Act 1991; and for other purposes.
Part 1 Preliminary
Introductory note—
This Part contains provisions that set out the objects of this Act and define terms used in this Act. The Part also contains machinery provisions.
1 Name of Act
This Act is the Threatened Species Conservation Act 1995.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided in this section.(2) Section 155 (2) commences on the date of assent to this Act.
3 Objects of Act
The objects of this Act are as follows:(a) to conserve biological diversity and promote ecologically sustainable development, and(b) to prevent the extinction and promote the recovery of threatened species, populations and ecological communities, and(c) to protect the critical habitat of those threatened species, populations and ecological communities that are endangered, and(d) to eliminate or manage certain processes that threaten the survival or evolutionary development of threatened species, populations and ecological communities, and(e) to ensure that the impact of any action affecting threatened species, populations and ecological communities is properly assessed, and(f) to encourage the conservation of threatened species, populations and ecological communities by the adoption of measures involving co-operative management.
4 Definitions
(1) In this Act:animal means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate or invertebrate and in any stage of biological development, but does not include:(a) humans, or(b) fish within the meaning of Part 7A of the Fisheries Management Act 1994.Note—Some types of fish may be included in the definition of animal. See section 5A.BDAC means the Biological Diversity Advisory Council established under Part 9A.biological diversity means the diversity of life and is made up of the following 3 components:(a) genetic diversity—the variety of genes (or units of heredity) in any population,(b) species diversity—the variety of species,(c) ecosystem diversity—the variety of communities or ecosystems.catchment action plan or CAP means a catchment action plan approved under Part 4 of the Catchment Management Authorities Act 2003.council has the same meaning as in the Local Government Act 1993.critical habitat means habitat declared to be critical habitat under Part 3.critically endangered ecological community means an ecological community specified in Part 2 of Schedule 1A.critically endangered species means a species specified in Part 1 of Schedule 1A.critically endangered species and ecological communities means species and ecological communities specified in Schedule 1A and critically endangered species or ecological community means a species or ecological community respectively specified in that Schedule.Department means the Department of Environment and Conservation.Director-General means the Director-General of the Department.ecological community means an assemblage of species occupying a particular area.ecologically sustainable development has the same meaning as under section 6 (2) of the Protection of the Environment Administration Act 1991.endangered ecological community means an ecological community specified in Part 3 of Schedule 1.endangered population means a population specified in Part 2 of Schedule 1.endangered species means a species specified in Part 1 of Schedule 1.endangered species, populations and ecological communities means species, populations and ecological communities specified in Schedule 1 and endangered species, population or ecological community means a species, population or ecological community respectively specified in that Schedule.environmental planning instrument or EPI means an environmental planning instrument under the Environmental Planning and Assessment Act 1979.exercise a function includes perform a duty.Fisheries Scientific Committee means the Fisheries Scientific Committee constituted under Part 7A of the Fisheries Management Act 1994.function includes a power, authority or duty.habitat means an area or areas occupied, or periodically or occasionally occupied, by a species, population or ecological community and includes any biotic or abiotic component.harm has the same meaning as in the National Parks and Wildlife Act 1974.joint management agreement means an agreement entered into under Division 2 of Part 7.key threatening process means a threatening process specified in Schedule 3.land includes:(a) buildings and other structures permanently fixed to land, and(b) land covered with water, and(c) the sea or an arm of the sea, and(d) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or not, and(e) a river, stream or watercourse, whether tidal or not.landholder of land means a person who owns land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land.list means a list set out in Schedule 1, 1A, 2 or 3 and includes a list in one or more of those Schedules that does not contain any entries.NPW Act means the National Parks and Wildlife Act 1974.NRC means the Natural Resources Commission established under the Natural Resources Commission Act 2003.pick has the same meaning as in the National Parks and Wildlife Act 1974.plant means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, but does not include marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.Note—Some types of marine vegetation may be included in the definition of plant. See Section 5A.population means a group of organisms, all of the same species, occupying a particular area.Priorities Action Statement means a Threatened Species Priorities Action Statement under Part 5A.means any public or local authority constituted by or under an Act, a government department, a statutory body representing the Crown, or a State owned corporation, and includes a person exercising any function on behalf of the authority, department, body or corporation and any person prescribed by the regulations to be a public authority.recovery plan means a plan prepared and approved under Part 4.region means, for the purposes of the provision in which it is used, a bioregion defined in a national system of bioregionalisation that is determined (by the Director-General under subsection (4)) to be appropriate for those purposes. If the bioregion occurs partly within and partly outside New South Wales, the region consists only of so much of the bioregion as occurs within New South Wales.Scientific Committee means the Scientific Committee constituted under Part 8.SEAC means the Social and Economic Advisory Council established under Part 9A.species of animal or plant includes any defined sub-species and taxon below a sub-species and any recognisable variant of a sub-species or taxon.species impact statement means a statement referred to in Division 2 of Part 6 and includes an environmental impact statement, prepared under the Environmental Planning and Assessment Act 1979, that contains a species impact statement.species presumed extinct means a species specified in Part 4 of Schedule 1.Strategy means the Biological Diversity Strategy referred to in section 140.threat abatement plan means a plan prepared and approved under Part 5.threatened ecological community means an ecological community specified in Part 3 of Schedule 1, Part 2 of Schedule 1A or Part 2 of Schedule 2.threatened species means a species specified in Part 1 or 4 of Schedule 1, Part 1 of Schedule 1A or Part 1 of Schedule 2.threatened species, populations and ecological communities means species, populations and ecological communities specified in Schedules 1, 1A and 2 and threatened species, population or ecological community means a species, population or ecological community specified in any of those Schedules.Note—In some cases vulnerable ecological communities are excluded from this expression. See subsection (5).threatening process means a process that threatens, or may have the capability to threaten, the survival or evolutionary development of species, populations or ecological communities.vulnerable ecological community means an ecological community specified in Part 2 of Schedule 2.vulnerable species means a species specified in Part 1 of Schedule 2.(2) A reference in this Act to animal-life or plant-life indigenous to New South Wales is a reference to animal-life or plant-life of a species that was established in New South Wales before European settlement.(3) A reference in this Act to New South Wales includes a reference to the coastal waters of the State.Note—Coastal waters of the State is defined in section 58 of the Interpretation Act 1987.(4) For the purposes of the definition of region in subsection (1), a determination of bioregions is to be made by the Director-General by order published in the Gazette. The Director-General is to consult the Director of NSW Fisheries before making any such order and is to obtain the concurrence of that Director with respect to areas occupied by fish or marine vegetation.(5) In Parts 6 and 7, a reference to threatened species, populations and ecological communities or threatened species, population or ecological community (however expressed) does not include a reference to any vulnerable ecological community. However, this subsection does not affect the application of those Parts to any threatened species or endangered populations that may form part of a vulnerable ecological community.Note—Vulnerable ecological communities are excluded from the licensing provisions of this Act and from related offences under the National Parks and Wildlife Act 1974. However, the Director-General may prepare a recovery plan in respect of a vulnerable ecological community and that plan and the provisions of Division 2 of Part 4 of this Act apply in respect of the implementation of that plan.s 4: Am 1997 No 153, Sch 6.6 [1] [2]; 2002 No 78, Sch 1 [1] [2] [4] [5]; 2004 No 88, Sch 1 [1]–[8].s 4, notes: Am 2002 No 78, Sch 1 [3] [5].
5 Notes in text
Introductory notes to Parts and other notes do not form part of this Act.
5A Relationship between this Act and Part 7A of the Fisheries Management Act 1994
(1) The Minister may, by order made with the concurrence of the Minister administering the Fisheries Management Act 1994:(a) declare a species of fish to be a species of animal for the purposes of this Act if it is an invertebrate and it is a species that may inhabit a terrestrial environment at some stage of its biological development, or(b) declare a species of marine vegetation to be a species of plant for the purposes of this Act if it is a species that may inhabit freshwater or a terrestrial environment at some stage of its biological development.(2) Any species of fish or marine vegetation that is the subject of an order in force under this section is taken to be a species of an animal or plant for the purposes of this Act, in accordance with the terms of the order.(3) The Minister and the Minister administering the Fisheries Management Act 1994 may at any time consult with each other for the purpose of determining whether an order under this section should be made and the terms of the order.(4) The Ministers may also consult with the Chairperson of the Scientific Committee, the Chairperson of the Fisheries Scientific Committee and any other person or body before making an order under this section.(5) If the Ministers are unable to resolve any dispute between them as to the making or the terms of an order under this section, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.(6) An order under this section is to be published in the Gazette.(7) For avoidance of doubt, an order under this section does not require the species concerned to be listed under Part 2 of this Act.(8) In this section:fish means any fish (within the meaning of the Fisheries Management Act 1994) that is indigenous to New South Wales.freshwater has the same meaning as in the Fisheries Management Act 1994.marine vegetation means any marine vegetation (within the meaning of the Fisheries Management Act 1994) that is indigenous to New South Wales.s 5A: Ins 2002 No 78, Sch 1 [6].
Part 2 Listing of threatened species, populations and ecological communities and key threatening processes
Introductory note—
This Part provides for the identification, and classification, of the species, populations and ecological communities with which this Act is concerned. It also provides for the identification of key threatening processes that are most likely to jeopardise the survival of those species, populations and ecological communities. To this end, this Part provides for the listing:
• in Schedule 1, of endangered species, endangered populations and ecological communities and species that are presumed to be extinct, and
• in Schedule 1A, of critically endangered species and ecological communities, and
• in Schedule 2, of vulnerable species and vulnerable ecological communities, and
• in Schedule 3, of key threatening processes.
The initial lists of threatened species, that is, species that are endangered, presumed extinct or vulnerable are contained in this Act on its commencement. Responsibility for inserting lists of critically endangered species, endangered populations, endangered and critically endangered ecological communities and threatening processes, and for adding items to, omitting items from or amending items in the lists of threatened species, populations and ecological communities and threatening processes rests with the Scientific Committee.
Division 1 makes provision with respect to Schedules 1–3 that are to contain lists of the species, populations and ecological communities and key threatening processes with which this Act is concerned.
Division 2 deals with eligibility for listing.
Division 3 describes the process by which the items may be added to or omitted from lists and by which items in lists may be amended, and makes provision for public participation in that process.
Division 4 describes the process by which species that are endangered or critically endangered may be listed provisionally in Schedule 1 or 1A, on an emergency basis, before the formal listing process described in Division 3 has been undertaken or completed, and makes provision for public participation in that process.
Division 5 describes the process by which certain minor amendments may be made to Schedules 1–3.
Offences relating to the harming of threatened species, populations and ecological communities (being animals) and the picking of threatened species, populations and ecological communities (being plants) are contained in the National Parks and Wildlife Act 1974.
pt 2, introductory note: Am 2002 No 78, Sch 1 [8]; 2004 No 88, Sch 1 [9]–[12].
Division 1 Lists of threatened species, populations and ecological communities and key threatening processes
6 Lists of endangered and critically endangered species, populations and ecological communities
(1) Part 1 of Schedule 1 contains a list of endangered species for the purposes of this Act.(2) Part 2 of Schedule 1 contains a list of endangered populations for the purposes of this Act.(3) Part 3 of Schedule 1 contains a list of endangered ecological communities for the purposes of this Act.(4) Part 4 of Schedule 1 contains a list of species presumed extinct for the purposes of this Act.(4A) Part 1 of Schedule 1A contains a list of critically endangered species for the purposes of this Act.(4B) Part 2 of Schedule 1A contains a list of critically endangered ecological communities for the purposes of this Act.(5) Any endangered or critically endangered species or species presumed extinct that is a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that the species is considered to be a threatened species nationally.(6) Any endangered or critically endangered ecological community that is a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that it is considered to be a threatened ecological community nationally.s 6: Am 2002 No 78, Sch 1 [9]; 2004 No 88, Sch 1 [13] [14].
7 Schedule 2 list of vulnerable species and ecological communities
(1) Part 1 of Schedule 2 contains a list of vulnerable species for the purposes of this Act.(2) Part 2 of Schedule 2 contains a list of vulnerable ecological communities for the purposes of this Act.(3) Any vulnerable species that is a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that it is considered to be a threatened species nationally.(4) Any vulnerable ecological community that is a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth is marked with an asterisk to show that it is considered to be a threatened ecological community nationally.s 7: Subst 2002 No 78, Sch 1 [10]; 2004 No 88, Sch 1 [15].
8 Schedule 3 list of key threatening processes
Schedule 3 contains a list of key threatening processes for the purposes of this Act.
9 Listing of nationally threatened species and ecological communities
(1) As soon as practicable after a species or ecological community that is or was indigenous to New South Wales becomes a listed threatened species or a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, the Scientific Committee is to consider whether, in accordance with Divisions 2 and 3, the species or ecological community should be listed as a threatened species or threatened ecological community in Schedule 1, 1A or 2 to this Act.(2) Any species or ecological community that is inserted in a Schedule pursuant to this section is to be marked with an asterisk to show its national status.(3) If a threatened species or threatened ecological community ceases to be a listed threatened species or a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth:(a) the Minister is, by order published in the Gazette, to amend Schedule 1, 1A or 2 to this Act to omit the asterisk showing its national status, and(b) the Scientific Committee is to consider, in accordance with Division 3, whether the species or ecological community should be omitted from Schedule 1, 1A or 2 to this Act.(4) If a threatened species or threatened ecological community becomes a listed threatened species or a listed threatened ecological community under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth subsequent to its being listed in Schedule 1, 1A or 2 to this Act, the Minister is, by order published in the Gazette, to amend Schedule 1, 1A or 2 to this Act to insert an asterisk showing its national status.s 9: Am 2002 No 78, Sch 1 [11]–[13]; 2004 No 88, Sch 1 [16].
Division 2 Eligibility for listing
pt 2, div 2: Subst 2004 No 88, Sch 1 [17].
10 Listing of species
(1) A species is eligible to be listed as a species presumed extinct at a particular time if, in the opinion of the Scientific Committee, it has not been recorded in its known or expected habitat in New South Wales, despite targeted surveys, over a time frame appropriate, in the opinion of the Scientific Committee, to its life cycle and form.(2) 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 New South Wales in the immediate future, as determined in accordance with criteria prescribed by the regulations.(3) 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 New South Wales 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.(4) 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 New South Wales 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.s 10: Subst 2004 No 88, Sch 1 [17].
11 Listing of populations
(1) A population is eligible to be listed as an endangered population if, in the opinion of the Scientific Committee, it is facing a very high risk of extinction in New South Wales in the near future, as determined in accordance with criteria prescribed by the regulations.(2) A population is not eligible to be listed as an endangered population if it is a population of a species already listed in Schedule 1 or 1A.s 11: Subst 2002 No 78, Sch 1 [14]; 2004 No 88, Sch 1 [17].
12 Listing of 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 New South Wales 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 New South Wales 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 New South Wales 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.s 12: Am 2002 No 78, Sch 1 [15]. Subst 2004 No 88, Sch 1 [17].
13 Threatening 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, populations or ecological communities, or(b) it could cause species, populations or ecological communities that are not threatened to become threatened.(2) The regulations may prescribe criteria for the determination of matters under this section.s 13: Subst 2002 No 78, Sch 1 [16]; 2004 No 88, Sch 1 [17].
14 Regulations prescribing criteria under this Part
A regulation that prescribes criteria for the purposes of section 10, 11, 12 or 13 is not to be made unless the Minister certifies in writing that:(a) the criteria are based on scientific principles only, and(b) any criteria for listing under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth were given due consideration before the regulation was made.s 14: Am 2002 No 78, Sch 1 [17]. Subst 2004 No 88, Sch 1 [17].
15 (Repealed)
s 15: Rep 2004 No 88, Sch 1 [17].
Division 3 Procedure for listing
16 Operation of Division
(1) This Division sets out the procedure to be adopted for the purposes of inserting matter in, omitting matter from or amending matter in Schedule 1, 1A, 2 or 3.(2) The procedure set out in this Division does not apply to the provisional listing of endangered or critically endangered species, populations or ecological communities, on an emergency basis, by the Scientific Committee under Division 4.(3) A proposal that involves the alteration of the listing status of a species or ecological community (by moving the description of the species or ecological community from one Schedule to another or from one Part of a Schedule to another Part of the Schedule) may be dealt with under this Division as a composite proposal, whereby all aspects of the proposal are dealt with together.s 16: Am 2004 No 88, Sch 1 [18]–[20].
17 Scientific Committee responsible for lists
(1) The Scientific Committee is responsible for determining whether any species, population, ecological community or threatening process should be inserted in or omitted from Schedule 1, 1A, 2 or 3 or whether any matter in those Schedules should be amended.(2) (Repealed)s 17: Am 2002 No 78, Sch 1 [19]; 2004 No 88, Sch 1 [21] [22].
18 Who may initiate action for 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 the NRC, or(b) on a nomination, made in accordance with this Division, of any other person.s 18: Am 2004 No 88, Sch 1 [23].
19 Making nomination for inclusion on, omission from or amendment of list
(1) Any person may nominate any species, population or ecological community for insertion in or omission from Schedule 1, 1A or 2.(2) Any person may nominate any matter in Schedule 1, 1A or 2 for amendment.(3) Any person may nominate any threatening process for insertion in or omission from Schedule 3.(4) Any person may nominate any matter in Schedule 3 for amendment.(5) A nomination must:(a) be made in writing addressed to the Chairperson of the Scientific Committee, and(b) include any information prescribed by the regulations, and(c) be made in accordance with any guidelines for the making of nominations published from time to time by the Director-General and the Scientific Committee.(6) The Scientific Committee is to give notice of a nomination to the Minister and the NRC within 14 days after the nomination is tabled at a meeting of the Committee.s 19: Am 2002 No 78, Sch 1 [20]; 2004 No 88, Sch 1 [24] [25].
19A 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, the Chairperson may consult with 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.(2) If the Chairpersons agree that the nomination should also be considered by the Fisheries Scientific Committee under Part 7A of the Fisheries Management Act 1994, the nomination is to be referred to the Fisheries Scientific Committee for consideration.(3) In such a case:(a) the nomination is taken to also be a nomination for amendment of Schedule 6 to that Act, made to the Fisheries Scientific Committee in accordance with Part 7A of that Act on the date the Chairpersons agree that it should also be considered by the Fisheries Scientific Committee under 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).(4) 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 3, or(b) the nomination of any matter in Schedule 3 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.s 19A: Ins 2002 No 78, Sch 1 [21].
20 Scientific Committee may request additional information
The Scientific Committee may request a person who makes a nomination to provide additional information about the subject matter of the nomination within a specified period.
21 Consideration of nomination by Scientific Committee
(1) The Scientific Committee is to determine priorities for its consideration of nominations every 12 months and in determining those priorities is to have regard to:(a) the degree of threat, immediacy of threat, taxonomic distinctiveness and such other matters as the Scientific Committee considers relevant, and(b) any advice or recommendations of the Minister or the NRC concerning those priorities.(1A) The NRC and the Minister may give advice or make recommendations to the Scientific Committee concerning priorities for the consideration of nominations by the Scientific Committee, and in giving that advice or making those recommendations the NRC and the Minister may consider State-wide issues of concern in biodiversity conservation.(2) The Scientific Committee may consider different nominations about the same subject together.(3) 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.(4) If the Scientific Committee rejects a nomination, it is to notify the Minister, the NRC, the Director-General and the person who made the nomination and is to give reasons for the rejection.(5) A person must not deliberately and wilfully make a vexatious nomination of any species, population or ecological community for insertion in or omission from Schedule 1, 1A or 2.Maximum penalty: 20 penalty units.s 21: Am 2004 No 88, Sch 1 [26]–[28].
22 Scientific Committee’s preliminary determination
(1) The Scientific Committee, after considering a proposal raised on its own initiative or in response to a request from the Minister or a nomination by another person, must make a preliminary determination as to whether the proposal should be supported or not supported.(2) As soon as possible after making a preliminary determination, the Scientific Committee must:(a) in a case involving a nomination, notify the person who made the nomination, the Minister and the Director-General, and(b) in a case of a proposal raised on its own initiative or in response to a request from the Minister, notify the Minister and the Director-General, and(c) publish notice of its preliminary 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 preliminary determination in the Gazette.(3) The notice must:(a) state that the preliminary determination has been prepared, and(b) specify the manner in which members of the public may obtain a copy of the determination and the reasons for it, and(c) invite persons to make written submissions to the Scientific Committee about the determination, and(d) specify the address of the place to which submissions about the determination may be forwarded and the date by which submissions must be made.(4) The notice must specify the date by which and the address of the place to which any person may forward written submissions to the Scientific Committee about a preliminary determination.(5) The Scientific Committee must consider all written submissions received by it on or before the date specified in the notice, being a date occurring not less than 30 days and not more than 150 days after the date on which the notice was first published under this section.(6) Copies of a preliminary 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.(7) The reasons for a preliminary determination are to include reference to such of the criteria prescribed by the regulations under sections 10–13 as may be relevant to the determination.s 22: Am 2002 No 78, Sch 1 [22]–[26]; 2004 No 88, Sch 1 [29].
23 Scientific Committee’s final determination
(1) The Scientific Committee must either accept or reject a proposal for inclusion, or amendment, of matter in or omission of matter from Schedule 1, 1A, 2 or 3 and must give reasons for its decision.(1A) The reasons for a determination are to include reference to such of the criteria prescribed by the regulations under sections 10–13 as may be relevant to the determination.(2) In a case involving a nomination, the Scientific Committee must make a final determination within 6 months after the closing date for making submissions to the Scientific Committee about its preliminary determination on the matter (as specified in the notice under section 22).(3) Before making a final determination the Scientific Committee must give the Minister notice in writing of the proposed final determination and the reasons for it. The Minister then has 2 months to decide whether to refer the proposed final determination back to the Scientific Committee for further consideration under section 23A.(4) The Scientific Committee is not to proceed to make the proposed final determination unless:(a) the Minister has notified the Scientific Committee that the Minister has decided not to refer the proposed determination back to the Scientific Committee for further consideration, or(b) the Minister has not referred the proposed final determination back to the Scientific Committee for further consideration under section 23A within 2 months after the Minister was given notice of the proposed final determination, or(c) if the Minister has referred the proposed final determination back to the Scientific Committee for further consideration under section 23A within that 2 months, the Scientific Committee has decided to proceed with the final determination following that further consideration.(5) The Minister may at the request of the Scientific Committee extend and further extend the period of 6 months under subsection (2), to a maximum period of 2 years.(6) Failure to make a final determination within the period required by this section or to give notice to the Minister of a proposed final determination within the period required by this section does not affect the validity of the determination.s 23: Am 2002 No 78, Sch 1 [27]; 2004 No 88, Sch 1 [30]–[33].
23A Minister’s response to proposed final determination
(1) Within 2 months after receiving notice from the Scientific Committee of a proposed final determination, the Minister may:(a) notify the Scientific Committee that the Minister has decided not to refer the proposed determination back to the Scientific Committee for further consideration, or(b) refer the proposed final determination back to the Scientific Committee for further consideration.(2) The Minister may only refer a matter back to the Scientific Committee for reasons of a scientific nature provided to the Scientific Committee. In the case of a nomination, the Scientific Committee is to notify the person who made the nomination that the matter has been referred back to the Scientific Committee and of the Minister’s reasons for doing so.(3) If a proposed final determination is referred back to the Scientific Committee for further consideration:(a) the Scientific Committee may, after further considering it, decide to proceed with the final determination, to change the final determination or not to proceed with the final determination, and(b) the Scientific Committee is to make that decision within 3 months, and(c) the Minister cannot refer the matter back to the Scientific Committee again after it has made that decision.(4) Failure to make a decision within the period required by this section does not affect the validity of the decision.s 23A: Ins 2004 No 88, Sch 1 [34].
24 Publication of final determination
(1) On making a final determination, 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, the NRC and the Director-General 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.(2A) The reasons for a final determination are to include reference to such of the criteria prescribed by the regulations under sections 10–13 as may be relevant to the determination.(3) Copies of the final 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 Department,(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.(4) The validity of a final determination cannot be questioned in any legal proceedings except those commenced in a court by any person within 6 months of the date of publication in the Gazette of notice of the making of the final determination.s 24: Am 2002 No 78, Sch 1 [28] [29]; 2004 No 88, Sch 1 [35]–[38].
25 Revision of Schedule on publication of final determination
On the publication of a final determination in the Gazette that:(a) a species, population, ecological community or threatening process be inserted in Schedule 1, 1A, 2 or 3—the relevant Schedule is amended by inserting the species, population, ecological community or threatening process, or(b) a species, population, ecological community or threatening process be omitted from Schedule 1, 1A, 2 or 3—the relevant Schedule is amended by omitting the species, population, ecological community or threatening process, or(c) a species, population, ecological community or threatening process listed in Schedule 1, 1A, 2 or 3 be amended—the relevant Schedule is amended by omitting the species, population, ecological community or threatening process that is set out in the Schedule and by inserting instead a description of the species, population, ecological community or threatening process in the manner required by the determination.s 25: Am 2004 No 88, Sch 1 [39].
25A Lists to be kept under review
(1) The Scientific Committee must keep the lists in Schedules 1, 1A, 2 and 3 under review and must, at least every 2 years, determine whether any changes to the lists are necessary.(2) The NRC or the Minister may give advice or make recommendations to the Scientific Committee concerning priorities for the review of the lists in Schedules 1, 1A, 2 and 3 under this section, and the Scientific Committee is to have regard to any such advice or recommendations.(3) The NRC or the Minister may give directions to the Scientific Committee requiring the Scientific Committee to undertake investigations for the purpose of identifying species, populations and communities that are potentially threatened species, populations and communities.s 25A: Ins 2004 No 88, Sch 1 [40].
Division 4 Procedure for provisional listing of endangered or critically endangered species on emergency basis
pt 2, div 4, hdg: Am 2004 No 88, Sch 1 [41].
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.s 26: Am 2004 No 88, Sch 1 [42].s 26, note: Am 2004 No 88, Sch 1 [43].
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.s 27: Am 2004 No 88, Sch 1 [42] [43].
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.s 28: Am 2004 No 88, Sch 1 [42] [43].
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.s 30: Am 2004 No 88, Sch 1 [42].
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 Director-General 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 Director-General 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.s 33: Am 2002 No 78, Sch 1 [30] [31].
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.s 34: Am 2004 No 88, Sch 1 [42].
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.s 35: Am 1996 No 121, Sch 1.24 [1].
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, orwhichever first occurs.(c) within 12 months after the provisional listing,s 36: Am 2004 No 88, Sch 1 [44] [45].
Division 5 Minor changes to listings
pt 2, div 5: Ins 2002 No 78, Sch 1 [32].
36A Minor amendments to Schedules
(1) The Scientific Committee may determine to amend the description of any species, population, ecological community or threatening process in Schedule 1, 1A, 2 or 3, without following the procedure set out in Division 3 or 4, if, in the opinion of the Scientific Committee, the amendment is necessary or desirable for any of the following purposes:(a) to reflect any change in the name of a species as a result of taxonomic revision,(b) to correct any minor error or omission,(c) to clarify a description of an ecological community (including to reflect new surveys or research information).(2) A determination under this Division must not alter the listing status of a particular species or ecological community by:(a) moving the description of the species or ecological community from one Schedule to the Act to another Schedule, or(b) moving the description of a species from Part 1 of Schedule 1 or 1A to Part 4 of Schedule 1 (or vice versa).(3) A determination under this Division must not alter the particular area of any ecological community.(4) The procedures for inserting matters in Schedule 1, 1A, 2 or 3 set out in Divisions 3 and 4 do not apply to a determination made under this Division.s 36A: Ins 2002 No 78, Sch 1 [32]. Am 2004 No 88, Sch 1 [46] [47].
36B Publication of determination
(1) On making a determination under this Division, the Scientific Committee must, as soon as practicable:(a) notify the Minister and the Director-General of the determination, and(b), (c) (Repealed)(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.(4) In this section:original determination means the final determination of the Scientific Committee that resulted in a description of a species, population, ecological community or threatening process being inserted in Schedule 1, 1A, 2 or 3.s 36B: Ins 2002 No 78, Sch 1 [32]. Am 2004 No 88, Sch 1 [48] [49].
36C Revision of Schedule on publication of determination
On the publication of a determination in the Gazette that the description of a species, population, ecological community or threatening process listed in Schedule 1, 1A, 2 or 3 be amended under this Division, the relevant Schedule is amended:(a) by omitting the description of the species, population, ecological community or threatening process that is set out in the Schedule, and(b) by inserting instead a description of the species, population, ecological community or threatening process in the manner required by the determination.s 36C: Ins 2002 No 78, Sch 1 [32]. Am 2004 No 88, Sch 1 [50].
Part 3 Critical habitat of endangered species, populations and ecological communities and critically endangered species and ecological communities
pt 3, hdg: Subst 2004 No 88, Sch 1 [51].
Introductory note—
This Part makes the Director-General responsible for identifying (where this is possible) habitat that is critical to the survival of endangered species, populations and ecological communities, or critically endangered species and ecological communities (that is, those species, populations and ecological communities listed for the time being in Schedule 1 or 1A) and for recommending to the Minister that the habitat so identified be declared critical habitat. The Director-General must consult with the Scientific Committee before preparing a recommendation and must have regard to any advice given by the Scientific Committee concerning identification of critical habitat.
Division 1 describes the process by which critical habitat is identified by the Director-General and declared by the Minister and makes provision for public participation in that process.
Division 2 deals with the preparation, publication and other dissemination of maps of critical habitat, and the maintenance of a register of critical habitat by the Director-General.
An offence relating to the damaging of critical habitat is contained in the National Parks and Wildlife Act 1974. That Act also makes it an offence for a person to damage the habitat of a threatened species, population or ecological community.
pt 3, introductory note: Am 2004 No 88, Sch 1 [52] [53].
Division 1 Identification and declaration of critical habitat
37 Habitat eligible to be declared to be critical habitat
(1) The whole or any part or parts of the area or areas of land comprising the habitat of an endangered species, population or ecological community or critically endangered species or ecological community that is critical to the survival of the species, population or ecological community is eligible to be declared under this Part to be the critical habitat of the species, population or ecological community.(2) The regulations may provide that a specified habitat, or habitat of a specified kind, may, or may not, be declared to be critical habitat for the purposes of this Part.s 37: Am 2004 No 88, Sch 1 [54].
38 Director-General responsible for identifying critical habitat
The Director-General is responsible for identifying (where this is possible) the area or areas of land comprising the critical habitat of each endangered species, population and ecological community or critically endangered species or ecological community.s 38: Am 2004 No 88, Sch 1 [55].
39 Director-General to consult with Scientific Committee
The Director-General must:(a) consult with the Scientific Committee before preparing a recommendation for the identification of an area or areas of land comprising critical habitat for the purposes of this Act, and(b) have regard to its advice in preparing any recommendation for that purpose.s 39: Subst 2002 No 78, Sch 1 [33].
40 Preparation of recommendation for identification of critical habitat
(1) After considering the Scientific Committee’s advice, the Director-General must, if the Director-General considers that it is possible to identify the critical habitat of an endangered species, population or ecological community or critically endangered species or ecological community, prepare a recommendation for identification of the area or areas of land comprising the critical habitat of that species, population or ecological community.(2) In so doing, the Director-General must consider the likely social and economic consequences of the making of the recommendation in the manner proposed.s 40: Am 2002 No 78, Sch 1 [34]; 2004 No 88, Sch 1 [54].
41 Publication of recommendation
(1) After preparing a recommendation for identification of the area or areas of land comprising the critical habitat of an endangered species, population or ecological community or critically endangered species or ecological community, the Director-General must:(a) give a copy of it to the Scientific Committee, and(b) give notice of the recommendation to all persons known by the Director-General, following the making of reasonable searches and inquiries, to be affected by the recommendation, being:(i) landholders (including public authorities who are landholders), and(ii) other public authorities known to the Director-General to exercise relevant functions in relation to the land, and(iii) if the land is subject to a mortgage, charge or positive covenant—the mortgagee, chargee or person entitled to the benefit of the covenant, and(iv) holders of leases and other interests granted by the Crown, and(c) publish notice of the recommendation in a newspaper circulating generally throughout the State and, if the recommendation 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 recommendation in the Gazette.(2) The notice must:(a) state that the recommendation has been prepared, and(b) specify the address of the place at which copies of the recommendation may be inspected, and(c) invite persons to make written submissions to the Director-General about the recommendation, and(d) specify the address of the place to which submissions about the recommendation may be forwarded and the date by which submissions must be made.s 41: Am 2002 No 78, Sch 1 [34]; 2004 No 88, Sch 1 [54].
42 Consideration of submissions by Director-General
(1) The Director-General must consider all written submissions received by the Director-General on or before the date specified in the notice.(2) The Director-General may amend the recommendation to take account of any of those submissions or any advice given by the Scientific Committee.
43 Director-General to refer recommendation to Minister
After considering the submissions and making amendments (if any) to the recommendation, the Director-General:(a) must forward the recommendation, identifying the area or areas of land comprising the critical habitat of the endangered species, population or ecological community or critically endangered species or ecological community concerned, to the Minister, and(b) must also provide the Minister with a summary of any advice given by the Scientific Committee concerning the matter and of all submissions received about the recommendation, and details of any amendments made to the recommendation by the Director-General to take account of that advice or those submissions.s 43: Am 2002 No 78, Sch 1 [35]; 2004 No 88, Sch 1 [54].
44 Consideration of recommendation by Minister
(1) On receiving a recommendation from the Director-General, the Minister must consider the recommendation and have regard to the following:(a) the likely social and economic consequences of a declaration of critical habitat in the manner indicated in the recommendation,(b) without limiting paragraph (a), the likely consequences of a declaration of critical habitat in the manner indicated in the recommendation for landholders of, or other persons having an interest in, or on lawful uses of, the land,(c) the advice of the Scientific Committee concerning the matter,(d) any submissions made about the recommendation and, in particular, any submissions received from public authorities exercising relevant functions in relation to the land.(2) In so doing, the Minister must also consider whether, consistent with the principles of ecologically sustainable development, the recommendation might be amended to avoid or lessen any adverse consequences of the making of a declaration of critical habitat.
45 Consultation between Ministers
If a submission from a public authority indicates that a recommendation is likely to affect the exercise of functions by the public authority, the Minister is to consult with the responsible Minister for the public authority concerning the recommendation before making a decision about the recommendation.
46 Minister may return recommendation to Director-General for amendment
(1) If the Minister thinks that a recommendation should be amended in some respect, the Minister may request the Director-General to amend the recommendation.(2) On receiving such a request, the Director-General must:(a) amend the recommendation in the manner requested by the Minister, and(b) return the recommendation, as so amended, to the Minister.
47 Declaration of critical habitat by Minister
(1) The Minister may:(a) approve a recommendation, without amendment or with any amendments that the Minister considers appropriate, or(b) refuse a recommendation (on the basis of one or more of the factors referred to in section 44 (1) or otherwise), or(c) refer it back to the Director-General for further consideration.(2) Despite the other provisions of this Division, the Minister must approve or refuse a recommendation within 6 months after the date specified in the notice referred to in section 41 (2) as the date by which submissions about the recommendation must be made.(3) If the Minister approves of a recommendation, with or without amendments, the Minister may, by notification published in the Gazette, declare the area or areas of land identified in the recommendation (with any appropriate amendment) and described in the notification to be the critical habitat of the endangered species, population or ecological community or critically endangered species or ecological community concerned.(4) Section 53 (2) applies to the publication of a map of the critical habitat.s 47: Am 2004 No 88, Sch 1 [54].
48 Publication of declaration of critical habitat
As soon as practicable after the declaration of critical habitat by the Minister, the Director-General must:(a) give notice of the declaration to all persons known by the Director-General, following the making of reasonable searches and inquiries, to be affected by the declaration, being:(i) landholders (including public authorities who are landholders), and(ii) other public authorities known by the Director-General to exercise relevant functions in relation to the land, in particular, the Valuer-General, and(iii) if the land is subject to a mortgage, charge or positive covenant—the mortgagee, chargee or person entitled to the benefit of the covenant, and(b) publish notice of the declaration in a newspaper circulating generally throughout the State and, if the declaration 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(c) publish notice of the declaration in the Gazette.s 48: Am 2002 No 78, Sch 1 [36].
49 Amendment or revocation of declaration of critical habitat
(1) The Minister may amend or revoke a declaration of critical habitat by a further notification published in the Gazette. However, the Minister must not amend or revoke a declaration unless the Minister has obtained from, and considered, the advice of the Director-General.(2) Before providing advice about a proposed amendment or revocation, the Director-General must:(a) consult the Scientific Committee concerning the proposed amendment or revocation and have regard to its advice, and(b) give and publish notice of the proposed amendment or revocation as if it were a recommendation referred to in section 41, and consider all written submissions concerning the proposed amendment or revocation that are received on or before the date specified in the notice.(3) If a declaration is amended or revoked by the Minister, the Director-General must:(a) give notice of the amendment or revocation to:(i) those persons who were given notice of the making of the declaration and who retain the requisite interest in the land, and(ii) any other person known by the Director-General, following the making of reasonable searches and inquiries, to have become a landholder, public authority exercising relevant functions in relation to the land, mortgagee, chargee or person entitled to the benefit of a positive covenant in the land after notice of the making of the declaration was given, and(b) publish notice of the amendment or revocation in the Gazette.(4) A notice under subsection (3) must give the reasons for the amendment or revocation of the declaration.
50 Public authorities to have regard to critical habitat
A public authority must, on and after publication of a declaration of critical habitat, have regard to the existence of critical habitat:(a) in relation to use of land that it owns or controls that is within or contains critical habitat, or(b) in exercising its functions in relation to land that is within or contains critical habitat.s 50: Am 1996 No 121, Sch 1.24 [2].
51 Regulations may prohibit certain actions on critical habitat
The regulations may prohibit or regulate, for the purposes of this Act, the carrying out of specified actions, or actions of a specified class or description, on specified critical habitat.
52 Effect of failure to comply with procedural requirements
A declaration of critical habitat is not open to challenge because of a failure to comply with the procedural requirements of this Division after the declaration has been published in the Gazette.
Division 2 Maps and register of critical habitat
53 Map of critical habitat to be prepared and published
(1) Before the publication of a declaration, or an amendment of a declaration, of critical habitat, the Director-General must arrange for the preparation of a map that shows the location of the critical habitat proposed to be declared or amended.(2) A copy of the map is to be published in the Gazette on the publication of the declaration of the critical habitat.s 53: Am 1996 No 121, Sch 1.24 [3] [4].
54 Maps of critical habitat to be served
The Director-General must serve a copy of a map of critical habitat on the following:(a) the Director-General of the Department of Land and Water Conservation,(b) the Director of Planning,(c) each council within whose area the whole or part of the critical habitat is located,(d) landholders of land on which critical habitat is located (including public authorities who are landholders),(e) holders of leases and other interests granted by the Crown,(f) other public authorities known by the Director-General to exercise relevant functions in relation to the land.
55 Director-General to keep register of critical habitat
(1) The Director-General must keep a register containing copies of declarations of critical habitat as in force from time to time, and maps of the critical habitat that are published in the Gazette, and must make that register available to public authorities.(2) The register is to be open for public inspection, without charge, during ordinary business hours, and copies of or extracts from the register are to be made available to the public on request, on payment of the fee fixed by the Director-General.
Part 4 Recovery plans for threatened species, populations and ecological communities
Introductory note—
This Part is the first of 4 Parts that address responses to threats to the survival of threatened species, populations and ecological communities, and their habitats. This Part deals with recovery plans for threatened species, populations and ecological communities and makes further provision as to the protection of their critical habitats (if any).
The Director-General must prepare recovery plans for endangered species (other than species presumed extinct), populations and ecological communities, for critically endangered species and ecological communities, and for vulnerable species. The object of a recovery plan is to promote the recovery of the threatened species, population or ecological community to which it relates to a position of viability in nature. If critical habitat has been declared for the species, population or ecological community, the plan must include reference to that fact.
Division 1 deals with the preparation, contents, publication and adoption of recovery plans.
Division 2 deals with the implementation of recovery plans, and includes procedures for public authorities to report on their implementation of, or on proposed departures from, measures specified to be taken in recovery plans.
In accordance with the Environmental Planning and Assessment Act 1979, the terms of recovery plans are to be taken into account by consent authorities and determining authorities (within the meaning of that Act) when they are considering development applications under Part 4, or the carrying out, or applications for approval for the carrying out, of activities under Part 5, of that Act.
pt 4, introductory note: Am 2004 No 88, Sch 1 [56].
Division 1 Preparation of recovery plans
56 Director-General to prepare recovery plans
(1) The Director-General may prepare a recovery plan for each endangered species (other than a species presumed extinct), population and ecological community and each critically endangered species and ecological community to promote the recovery of the species, population or ecological community to a position of viability in nature.(2) The Director-General may also prepare recovery plans for vulnerable species.(3) The Director-General may also prepare recovery plans for vulnerable ecological communities.(4) A recovery plan under this Act may contain provisions for more than one species, population or ecological community and may be made for part of a range of a species, population or ecological community.(5) (Repealed)(6) If the Director-General decides to prepare a recovery plan for a vulnerable ecological community, the recovery plan is to be prepared within 5 years after that decision is made.s 56: Am 2002 No 78, Sch 1 [37] (am 2005 No 64, Sch 1.43 [1]); 2004 No 88, Sch 1 [57]–[62].
56A Joint preparation of recovery plans
(1) The Director-General may, with the prior approval of the Minister and the Minister administering the Fisheries Management Act 1994, make arrangements with the Director of NSW Fisheries for the joint preparation of a recovery plan under this Act and Part 7A of the Fisheries Management Act 1994.(2) In such a case, any function of the Director-General or the Minister under this Part in respect of the plan may be exercised in conjunction with any corresponding function of the Director of NSW Fisheries or the Minister administering the Fisheries Management Act 1994 in respect of the plan under the Fisheries Management Act 1994.Note—For example, the Director-General and the Director of NSW Fisheries may jointly publish a notice of the preparation of the plan under section 61 of this Act and section 220ZO of the Fisheries Management Act 1994.(3) The Minister may exercise his or her functions under sections 64 and 65 of this Act in respect of any such plan only with the concurrence of the Minister administering the Fisheries Management Act 1994.(4) If the Minister administering this Act and the Minister administering the Fisheries Management Act 1994 are unable, following consultation, to resolve any dispute as to the exercise of any function under sections 64 and 65 of this Act in respect of any such plan, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.(5) Except as otherwise provided by this section, this Part applies in respect of a recovery plan jointly prepared as provided for by this section in the same way as it applies in respect of any other recovery plan.s 56A: Ins 2002 No 78, Sch 1 [38].
57 Guidelines for recovery plans
(1) The Director-General must, in preparing a recovery plan and in deciding which measures to include in it, have regard to the following:(a) the objects of this Act,(b) the likely social and economic consequences of the making of the plan,(c) the most efficient and effective use of available resources for the conservation of threatened species, populations and ecological communities,(d) the minimising of any significant adverse social and economic consequences.(2) The Director-General is to consider, when preparing a recovery plan, any measures by which the public may co-operate in the conservation of a threatened species, population or ecological community.(3) The Director-General is also to consider, when preparing a recovery plan, any special knowledge or interest that indigenous people may have in the species, population or ecological community concerned and in the measures to be contained in the plan (including the likely social, cultural and economic consequences of the making of the plan).s 57: Am 2002 No 78, Sch 1 [39].
58 Priorities for recovery plans
Priorities in the preparation of recovery plans are to be in accordance with the priorities for recovery established by the relevant Priorities Action Statement.s 58: Am 2002 No 78, Sch 1 [40]. Subst 2004 No 88, Sch 1 [63].
59 Contents of recovery plans
A recovery plan must:(a) identify the threatened species, population or ecological community to which it applies, and(b) identify any critical habitat declared in relation to the threatened species, population or ecological community, and(c) identify any threatening process or processes threatening the threatened species, population or ecological community, and(d) identify methods by which adverse social and economic consequences of the making of the plan can be minimised, and(e) state what must be done to ensure the recovery of the threatened species, population or ecological community, and(f) state what must be done to protect the critical habitat (if any) identified in the plan, and(f1) state performance indicators that are to be applied to measure whether the actions identified in the plan are being implemented and are successfully promoting the recovery of the species, population or ecological community, and(g) state, with reference to the objects of this Act:(i) the way in which those objects are to be implemented or promoted for the benefit of the threatened species, population or ecological community, and(ii) the method by which progress towards achieving those objects is to be assessed, and(h) identify the persons or public authorities who are responsible for the implementation of the measures included in the plan, and(i) state the date by which the recovery plan should be subject to review by the Director-General.s 59: Am 2002 No 78, Sch 1 [41].
60 Consultation between chief executive officers
(1) The Director-General must, if the Director-General considers that a public authority should be responsible for the implementation of a measure to be included in a recovery plan, consult with the chief executive officer of the public authority before completing the preparation of the draft recovery plan.(2) A measure must not be included in a recovery plan for implementation by a public authority unless the chief executive officer of the public authority approves of the inclusion of the measure.s 60: Am 2002 No 78, Sch 1 [42] [43].
61 Publication of draft recovery plan
(1) As soon as practicable after preparing a draft recovery plan, the Director-General must:(a) give a copy of the draft recovery plan to the Scientific Committee, and(b) give notice of the preparation of the draft recovery plan to any public authority that the Director-General knows is likely to be affected by the recovery plan, and(c) publish notice of the preparation of the draft recovery plan in a newspaper circulating generally throughout the State and, if the recovery plan 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 preparation of the draft recovery plan in the Gazette.(2) The notice must:(a) state that the draft recovery plan has been prepared, and(b) specify the address of the place at which copies of the draft recovery plan may be inspected, and(c) invite persons to make written submissions to the Director-General about the draft recovery plan, and(d) specify the address of the place to which submissions about the draft recovery plan may be forwarded and the date by which submissions must be made.
62 Consideration of submissions by Director-General
(1) The Director-General must consider all written submissions received by the Director-General on or before the date specified in the notice.(2) The Director-General may amend the draft recovery plan to take account of those submissions or any advice given by the Scientific Committee.
63 Director-General to refer draft recovery plan to Minister
After considering the submissions and making amendments (if any) to the draft recovery plan, the Director-General must:(a) forward the draft recovery plan to the Minister, and(b) provide the Minister with a summary of any advice given by the Scientific Committee and of all submissions received about the draft recovery plan, and details of any amendments made to the draft recovery plan by the Director-General to take account of that advice or those submissions.
64 Minister may return draft recovery plan to Director-General for amendment
(1) If the Minister thinks that a draft recovery plan should be amended in some respect, the Minister may request the Director-General to amend the plan.(2) On receiving such a request, the Director-General must:(a) amend the proposal in the manner requested by the Minister, and(b) return the plan, as so amended, to the Minister.
65 Approval of recovery plan by Minister
(1) In considering whether to approve or to refuse to approve a draft recovery plan, the Minister must have regard to the likely social and economic consequences of the approval of the plan.(2) The Minister may:(a) approve a draft recovery plan without amendment or with any amendments that the Minister considers appropriate, or(b) refuse to approve the plan (on the basis of the likely social or economic consequences of the plan or otherwise), or(c) refer it back to the Director-General for further consideration.(3) Without limiting subsection (2), the Minister may refuse to approve a plan or refer it back to the Director-General for further consideration on the basis that the plan does not comply with the requirements of this Act.s 65: Am 2002 No 78, Sch 1 [44].
66 Reasons for departure from draft recovery plan to be stated
If a recovery plan approved by the Minister is not in the form of the draft recovery plan submitted to the Minister by the Director-General, the recovery plan approved must state the reasons for any departures from the draft plan.
66A Advice of Scientific Committee to be included in plan
The recovery plan approved by the Minister must include a summary of any advice given by the Scientific Committee with respect to the plan, details of any amendments made to the plan to take account of that advice and a statement of the reasons for any departure from that advice.s 66A: Ins 2002 No 78, Sch 1 [45].
67 Recovery plans to be published
(1) As soon as practicable after the Minister approves a draft recovery plan, the Director-General must:(a) give a copy of the recovery plan to the Scientific Committee, and(b) publish notice of the approval of the plan in a newspaper circulating generally throughout the State and, if the recovery plan 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(c) notify any public authority likely to be affected by the plan, and(d) publish notice of the approval of the plan in the Gazette.(2) The Director-General must also make a copy of the recovery plan available for public inspection, without charge, during business hours and copies of or extracts from the recovery plan are to be made available to the public on request, on payment of the fee fixed by the Director-General.
68 Review of recovery plans
(1) The Director-General is required to keep each recovery plan under review and, if a date by which a plan is to be reviewed is stated in it, is to review the plan by that date.(2) The Director-General is also to consider any submissions about recovery plans received from public authorities or the public.(3) If the Director-General considers that any change (other than a minor change) should be made to a recovery plan, the Director-General is to prepare a new plan in accordance with this Part.
Division 2 Implementation of recovery plans
69 Ministers and public authorities to implement recovery plans
(1) Ministers and public authorities (including the Director-General) are to take any appropriate action available to them to implement those measures included in a recovery plan for which they are responsible and must not make decisions that are inconsistent with the provisions of a recovery plan.(2) If the implementation of a recovery plan affects a statutory discretion of a Minister or public authority, this section does not operate to exclude the discretion, but the Minister or authority must take the recovery plan into account.(3) This section does not operate to require or authorise any action by a Minister or public authority that is inconsistent with any statutory or other legal obligation of the Minister or public authority.
70 Public authorities to report on implementation of recovery plans
(1) A public authority (including the Director-General but not including a council) identified in a recovery plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report to Parliament.(2) A council identified in a recovery plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report as to the state of the environment of its area.
71 Notification of proposed departures from recovery plan
(1) A public authority must not exercise a function in a manner that is inconsistent with the implementation of measures included in a recovery plan unless:(a) in the case of a public authority other than the Director-General—it has given written notice of the proposed exercise of the function to the Director-General, or(b) in the case of the Director-General—the Director-General has given written notice of the proposed exercise of the function to the Minister.(2) The Director-General must comply with any directions given by the Minister concerning a proposed departure from a recovery plan.(3) This section does not apply in relation to anything authorised to be done by or under the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.(4) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.s 71: Am 1997 No 65, Sch 4.27; 2002 No 67, Sch 5.8 [1] [2].
72 Consultations with Director-General concerning proposed departures
(1) The Director-General must, on receiving notice of a proposed departure from a recovery plan from a public authority, determine whether exercise of the function in the manner proposed is acceptable or whether it is likely to jeopardise the effective implementation of the plan.(2) If the Director-General considers that the departure is acceptable, the Director-General must notify the public authority accordingly.(3) If the Director-General considers that the departure is unacceptable because it is likely to jeopardise the effective implementation of the recovery plan, the Director-General must consult with the public authority in an endeavour to resolve the matter by modification of the action proposed or by other mutually acceptable means.
73 Reference of proposed departures to Ministers and Premier
(1) A matter that has not been resolved after consultation between the Director-General and the public authority concerned must be referred by the parties to their respective Ministers.(2) In the case of a council, the reference is to the Minister administering the Local Government Act 1993 unless the matter relates, in whole or in part, to the exercise of functions under the Environmental Planning and Assessment Act 1979. In that event, the reference is to be to the Minister administering the Environmental Planning and Assessment Act 1979.(3) The Ministers, on receiving a reference, are to consult in an endeavour to resolve the matter by means that the Ministers consider to be appropriate.(4) If the Ministers are unable to resolve the matter after consultation, it is to be referred to the Premier for resolution.(5) A public authority (including the Director-General) must give effect to any decision of, or directions made or given by, the Premier on the matter and is, despite the requirements of any other Act or law, empowered to comply with any such decision or directions.
Part 5 Threat abatement plans to manage key threatening processes
Introductory note—
Part 2 provides for the identification of key threatening processes by the Scientific Committee. This Part deals with the preparation and implementation of threat abatement plans to manage key threatening processes with a view to their abatement, amelioration or elimination.
Division 1 deals with the preparation, contents, publication and adoption of threat abatement plans.
Division 2 deals with the implementation of threat abatement plans, and includes procedures for public authorities to report on their implementation of, or on proposed departures from, measures specified to be taken in threat abatement plans.
In accordance with the Environmental Planning and Assessment Act 1979, the terms of threat abatement plans are to be taken into account by consent authorities and determining authorities (within the meaning of that Act) when they are considering development applications under Part 4, or the carrying out, or applications for approval for the carrying out, of activities under Part 5, of that Act.
Division 1 Preparation of threat abatement plans
74 Director-General may prepare threat abatement plans
(1) The Director-General may prepare a threat abatement plan for each key threatening process to manage the threatening process:(a) so as to abate, ameliorate or eliminate its adverse effects on threatened species, populations or ecological communities, or(b) in the case of a key threatening process that could cause species, populations or ecological communities that are not threatened to become threatened, so as to prevent those species, populations or ecological communities from becoming threatened.(2) A threat abatement plan may contain provisions relevant to more than one key threatening process.(3), (4) (Repealed)s 74: Subst 2002 No 78, Sch 1 [46]. Am 2004 No 88, Sch 1 [64].
74A Joint preparation of threat abatement plans
(1) The Director-General may, with the prior approval of the Minister and the Minister administering the Fisheries Management Act 1994, make arrangements with the Director of NSW Fisheries for the joint preparation of a threat abatement plan under this Act and Part 7A of the Fisheries Management Act 1994.(2) In such a case, any function of the Director-General or the Minister under this Part in respect of the plan may be exercised in conjunction with any corresponding function of the Director of NSW Fisheries or the Minister administering the Fisheries Management Act 1994 in respect of the plan under the Fisheries Management Act 1994.Note—For example, the Director-General and the Director of NSW Fisheries may jointly publish a notice of the preparation of the plan under section 79 of this Act and section 220ZO of the Fisheries Management Act 1994.(3) The Minister may exercise his or her functions under sections 82 and 83 of this Act in respect of any such plan only with the concurrence of the Minister administering the Fisheries Management Act 1994.(4) If the Minister administering this Act and the Minister administering the Fisheries Management Act 1994 are unable, following consultation, to resolve any dispute as to the exercise of any function under sections 82 and 83 of this Act in respect of any such plan, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.(5) Except as otherwise provided by this section, this Part applies in respect of a threat abatement plan that is jointly prepared as provided for by this section in the same way as it applies in respect of any other threat abatement plan.s 74A: Ins 2002 No 78, Sch 1 [47].
75 Guidelines for threat abatement plans
(1) The Director-General must, in preparing threat abatement plans and in deciding which measures to include in those plans, have regard to the following:(a) the objects of this Act,(b) the likely social and economic consequences of the making of the plan,(c) the most efficient and effective use of available resources for the conservation of threatened species, populations and ecological communities,(d) the desirability of minimising any significant adverse social and economic consequences.(2) The Director-General is to consider, when preparing a threat abatement plan, any measures by which the public may co-operate in the abatement, amelioration or elimination of the adverse effects of key threatening processes on the prospects of survival of threatened species, populations or ecological communities and their recovery to a position of viability in nature.(3) The Director-General is also to consider, when preparing a threat abatement plan, any special knowledge or interest that indigenous people may have in the species, population or ecological community concerned and in the measures to be contained in the plan (including the likely social, cultural and economic consequences of the making of the plan).s 75: Am 2002 No 78, Sch 1 [48].
76 Priorities for threat abatement plans
Priorities in the preparation of threat abatement plans are to be in accordance with the priorities for threat abatement established by the relevant Priorities Action Statement.s 76: Subst 2004 No 88, Sch 1 [65].
77 Contents of threat abatement plans
A threat abatement plan must:(a) state the criteria for assessing the achievement of the objective, and(b) identify the actions needed to abate, ameliorate or eliminate the effects of the key threatening process, and(c) identify the persons or public authorities who are responsible for the implementation of the measures included in the plan, and(d) where practicable, provide a proposed timetable for the implementation of the plan, and(e) state the estimated cost of the measures included in the plan, and(f) state the date by which the plan should be subject to review by the Director-General, and(g) include any other matter relating to the impact of the plan as the Director-General considers appropriate.
78 Consultation between chief executive officers
(1) The Director-General must, if the Director-General considers that a public authority should be responsible for the implementation of a measure to be included in a threat abatement plan, consult with the chief executive officer of the public authority before completing the preparation of the draft threat abatement plan.(2) A measure must not be included in a threat abatement plan for implementation by a public authority unless the chief executive officer of the public authority approves of the inclusion of the measure.s 78: Am 2002 No 78, Sch 1 [49] [50].
79 Publication of draft threat abatement plan
(1) As soon as practicable after preparing a draft threat abatement plan, the Director-General must:(a) give a copy of the draft threat abatement plan to the Scientific Committee, and(b) give notice of the preparation of the draft threat abatement plan to any public authority that the Director-General knows is likely to be affected by the threat abatement plan, and(c) publish notice of the preparation of the draft threat abatement plan in a newspaper circulating generally throughout the State and, if the threat abatement plan 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 preparation of the draft threat abatement plan in the Gazette.(2) The notice must:(a) state that the draft threat abatement plan has been prepared, and(b) specify the address of the place at which copies of the draft threat abatement plan may be inspected, and(c) invite persons to make written submissions to the Director-General about the draft threat abatement plan, and(d) specify the address of the place to which submissions about the draft threat abatement plan may be forwarded and the date by which submissions must be made.
80 Consideration of submissions by Director-General
(1) The Director-General must consider all written submissions received by the Director-General on or before the date specified in the notice.(2) The Director-General may amend the draft threat abatement plan to take into account any of those submissions or any advice given by the Scientific Committee.
81 Director-General to refer draft threat abatement plan to Minister
After considering the submissions and making amendments (if any) to the draft threat abatement plan, the Director-General must:(a) forward the draft threat abatement plan to the Minister, and(b) provide the Minister with a summary of any advice given by the Scientific Committee and of all submissions received about the draft threat abatement plan, and details of any amendments made to the draft threat abatement plan by the Director-General to take account of that advice or those submissions.
82 Minister may return draft threat abatement plan to Director-General for amendment
(1) If the Minister thinks that a draft threat abatement plan should be amended in some respect, the Minister may request the Director-General to amend the plan.(2) On receiving such a request, the Director-General must:(a) amend the plan in the manner requested by the Minister, and(b) return the plan, as so amended, to the Minister.
83 Approval of threat abatement plan by Minister
(1) In considering whether to approve or to refuse to approve a draft threat abatement plan, the Minister must have regard to the likely social and economic consequences of the approval of the plan.(2) The Minister may:(a) approve a threat abatement plan without amendment or with any amendments that the Minister considers appropriate, or(b) refuse to approve the plan (on the basis of the likely social or economic consequences of the plan or otherwise), or(c) refer it back to the Director-General for further consideration.
84 Threat abatement plans to be published
(1) As soon as practicable after the Minister approves a threat abatement plan, the Director-General must:(a) give a copy of the threat abatement plan to the Scientific Committee, and(b) publish notice of the approval of the plan in a newspaper circulating generally throughout the State and, if the threat abatement plan 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(c) notify any public authority that the Director-General knows is likely to be affected by the plan, and(d) publish notice of the approval of the plan in the Gazette.(2) The Director-General must also make a copy of the threat abatement plan available for public inspection, without charge, during ordinary business hours and copies of or extracts from the threat abatement plan are to be made available to the public on request, on payment of the fee fixed by the Director-General.
85 Review of threat abatement plans
(1) The Director-General is required to keep each threat abatement plan under review and, if a date by which a plan is to be reviewed is stated in it, is to review the plan by that date.(2) The Director-General is also to consider any submissions about threat abatement plans received from public authorities or the public.(3) If the Director-General considers that any change (other than a minor change) should be made to a threat abatement plan, the Director-General is to prepare a new plan in accordance with this Part.
Division 2 Implementation of threat abatement plans
86 Ministers and public authorities to implement threat abatement plans
(1) Ministers and public authorities (including the Director-General) are to take any appropriate action available to them to implement those measures included in a threat abatement plan for which they are responsible and must not make decisions that are inconsistent with the provisions of a threat abatement plan.(2) If the implementation of a threat abatement plan affects a statutory discretion of a Minister or public authority, this section does not operate to exclude the discretion, but the Minister or authority must take the plan into account.(3) This section does not operate to require or authorise any action by a Minister or public authority that is inconsistent with any statutory or other legal obligation of the Minister or public authority.
87 Public authorities to report on implementation of threat abatement plans
(1) A public authority (including the Director-General but not including a council) identified in a threat abatement plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report to Parliament.(2) A council identified in a threat abatement plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report as to the state of the environment of its area.
88 Notification of proposed departures from threat abatement plan
(1) A public authority must not exercise a function in a manner that is inconsistent with the implementation of measures included in a threat abatement plan unless:(a) in the case of a public authority other than the Director-General—it has given written notice of the proposed exercise of the function to the Director-General, or(b) in the case of the Director-General—the Director-General has given written notice of the proposed exercise of the function to the Minister.(2) The Director-General must comply with any directions given by the Minister concerning a proposed departure from a threat abatement plan.(3) This section does not apply in relation to anything authorised to be done by or under the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.(4) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.s 88: Am 1997 No 65, Sch 4.27; 2002 No 67, Sch 5.8 [3] [4].
89 Consultations with Director-General concerning proposed departures
(1) The Director-General must, on receiving notice of a proposed departure from a threat abatement plan from a public authority, determine whether exercise of the function in the manner proposed is acceptable or whether it is likely to jeopardise the effective implementation of the plan.(2) If the Director-General considers that the departure is acceptable, the Director-General must notify the public authority accordingly.(3) If the Director-General considers that the departure is unacceptable because it is likely to jeopardise the effective implementation of the threat abatement plan, the Director-General must consult with the public authority in an endeavour to resolve the matter by modification of the action proposed or by other mutually acceptable means.
90 Reference of proposed departures to Ministers and Premier
(1) A matter that has not been resolved after consultation between the Director-General and the public authority concerned must be referred by the parties to their respective Ministers.(2) In the case of a council, the reference is to the Minister administering the Local Government Act 1993 unless the matter relates, in whole or in part, to the exercise of functions under the Environmental Planning and Assessment Act 1979. In that event, the reference is to be to the Minister administering the Environmental Planning and Assessment Act 1979.(3) The Ministers, on receiving a reference, are to consult in an endeavour to resolve the matter by means that the Ministers consider to be appropriate.(4) If the Ministers are unable to resolve the matter after consultation, it is to be referred to the Premier for resolution.(5) A public authority (including the Director-General) must give effect to any decision of, or directions made or given by, the Premier on the matter and is, despite the requirements of any other Act or law, empowered to comply with any such decision or directions.
Part 5A Threatened Species Priorities Action Statement
pt 5A (ss 90A–90E): Ins 2004 No 88, Sch 1 [66].
90A What the Statement provides for
A Threatened Species Priorities Action Statement (also called a Priorities Action Statement) is a statement that:(a) sets out the strategies (recovery and threat abatement strategies) to be adopted for promoting the recovery of each threatened species, population and ecological community to a position of viability in nature and for managing each key threatening process as provided by section 74 (1), and(b) establishes relative priorities for the implementation of recovery and threat abatement strategies, and(c) establishes performance indicators to facilitate reporting on achievements in implementing recovery and threat abatement strategies and their effectiveness, and(d) contains a status report on each threatened species, where information is available, and(e) sets out clear timetables for recovery and threat abatement planning and achievement.pt 5A (ss 90A–90E): Ins 2004 No 88, Sch 1 [66].
90B Director-General to prepare and adopt Priorities Action Statement
(1) The Director-General is to prepare and adopt a Priorities Action Statement for the purposes of this Act.(2) The Priorities Action Statement must be completed as soon as practicable and no later than 12 months after the date of assent to the Threatened Species Legislation Amendment Act 2004.(3) The Director-General is to review the Priorities Action Statement every 3 years and may make changes to the Priorities Action Statement pursuant to any such review by adopting amendments to the Statement.(4) In preparing or reviewing a Priorities Action Statement, the Director-General is to seek advice from the NRC, the Scientific Committee, BDAC, SEAC and such other State government agencies as the Director-General considers appropriate.pt 5A (ss 90A–90E): Ins 2004 No 88, Sch 1 [66].
90C Publication of draft statement or amendments
(1) Before adopting a Priorities Action Statement or any amendment to the statement, the Director-General must first prepare a draft of the statement or amendment and must then:(a) publish notice of the preparation of the draft statement or amendment in a newspaper circulating generally throughout the State, and(b) publish notice of the preparation of the draft statement or amendment on the website of the Department.(2) The notice must:(a) state that the draft statement or amendment has been prepared, and(b) specify the address of the place at which copies of the draft statement or amendment can be inspected, and(c) invite persons to make written submissions to the Director-General about the draft statement or amendment, and(d) specify the address of the place to which submissions about the draft statement or amendment may be forwarded and the date by which submissions must be made (being a date that is not less than 30 days after the date of publication of the notice under subsection (1) (a)).pt 5A (ss 90A–90E): Ins 2004 No 88, Sch 1 [66].
90D Consideration of submissions by Director-General
(1) The Director-General must consider all written submissions received by the Director-General on or before the date specified in the notice.(2) The Director-General may alter the draft statement or amendment to take account of those submissions.(3) The Director-General must adopt the Priorities Action Statement or amendment (with or without alterations) within 4 months after the end of the period allowed for the making of submissions about the draft statement or amendment.pt 5A (ss 90A–90E): Ins 2004 No 88, Sch 1 [66].
90E Review to include report on achievements
As part of each review of the Priorities Action Statement, the Director-General is to include in the Priorities Action Statement a report on achievements in implementing the strategies established by the Priorities Action Statement during the period to which the review applies.pt 5A (ss 90A–90E): Ins 2004 No 88, Sch 1 [66].
Part 6 Licensing
Introductory note—
This Part deals with the licensing by the Director-General of actions that are likely to result in:
(a) the harming of an animal that is of, or part of, a threatened species, population or ecological community, or
(b) the picking of a plant that is of, or part of, a threatened species, population or ecological community, or
(c) damage to critical habitat, or
(d) damage to habitat of a threatened species, population or ecological community.
The offences relating to the above actions are set out in the National Parks and Wildlife Act 1974.
This Part also contains provisions about species impact statements. These statements are employed to measure the significance of the effect of actions on threatened species, populations or ecological communities, or their habitats. A species impact statement must be lodged with an application for a licence under this Part if the Director-General determines that the action proposed is likely to significantly affect threatened species, populations or ecological communities, or their habitats.
Division 1 deals with the grant of licences, including the making of applications, fees, determinations as to whether actions proposed will significantly affect threatened species, populations or ecological communities, publication of applications and the making of submissions concerning them, and matters that the Director-General must take into account before granting licences and appeals.
Division 2 deals with the form and content of species impact statements and the notification of the Director-General’s requirements as to their preparation.
Division 3 sets out exceptions to licensing requirements.
Division 4 sets out miscellaneous provisions.
pt 6, introductory note: Subst 2002 No 78, Sch 1 [51].
Division 1 Grant of licences
91 Licence to harm or pick threatened species, populations or ecological communities or damage habitat
(1) The Director-General may grant a licence authorising a person to take action likely to result in one or more of the following:(a) harm to any animal that is of, or is part of, a threatened species, population or ecological community,(b) the picking of any plant that is of, or is part of, a threatened species, population or ecological community,(c) damage to critical habitat,(d) damage to habitat of a threatened species, population or ecological community.(2) A general licence may be issued under section 120 of the National Parks and Wildlife Act 1974 to authorise an action referred to in subsection (1) only:(a) for the welfare of an animal, or(b) if there is a threat to life or property.(3) Subsection (2) does not limit the purposes for which a licence may be issued under this section.Note—For example, a licence may be issued under this section to authorise an Aboriginal person or persons to harm animals or pick plants for cultural purposes.s 91: Subst 2002 No 78, Sch 1 [52].
92 Application for licence
(1) An application for a licence must be in a form approved, and be accompanied by an application fee of the amount prescribed, by the Director-General.(2) If the action proposed to be taken under the authority of the licence is on land that is critical habitat, the application must be accompanied by a species impact statement prepared in accordance with Division 2.(3) If the action proposed is not on land that is critical habitat, the application must include the following:(a) details of the types, and condition, of habitats in and adjacent to the land to be affected by the action,(b) particulars of any known records of a threatened species in the same or similar known habitats in the locality,(c) details of any known or potential habitat for a threatened species on the land to be affected by the action,(d) details of the amount of such habitat to be affected by the action proposed in relation to the known distribution of the species and its habitat in the locality and region,(e) an assessment of the likely nature and intensity of the effect of the action on the life cycle and habitat of the species,(f) details of possible measures to avoid or ameliorate the effect of the action.(4) An applicant may lodge a species impact statement with an application even if the action proposed is not on land that is critical habitat. In that event, the application need not include the information referred to in subsection (3).
93 Payment of licence processing fee
(1) The Director-General is to levy a processing fee, being not more than the costs (including on-costs) incurred by the National Parks and Wildlife Service in the assessment and processing of a licence application (whether or not the application is successful).(2) The fee is recoverable by the Director-General as a debt due to the Crown in a court of competent jurisdiction.(3) The Director-General may, before dealing with an application, require the applicant to pay an amount not exceeding one-half of the estimated processing fee.(4) The Director-General may reduce the amount of a processing fee levied for any licence application having regard to the following:(a) the extent of scientific examination necessary for the processing of the application,(b) the adequacy of any species impact statement or environmental impact statement that includes a species impact component supplied by the applicant,(c) the capacity of the applicant or persons with whom the applicant is associated to meet the fee levied,(d) whether and to what extent the activity sought to be licensed may confer a commercial benefit on the applicant if the licence is granted.(5) Before a prospective applicant for a licence lodges an application, the Director-General must advise the applicant of the maximum fee payable in respect of the application.
94 Significant effect on threatened species, populations or ecological communities, or their habitats
(1) If the action proposed to be taken by the applicant is not on land that is critical habitat and the application is not accompanied by a species impact statement, the Director-General must determine whether the action proposed is likely to significantly affect threatened species, populations or ecological communities, or their habitats.(2) For that purpose, the Director-General must take into account the following:(a) each of the factors listed in subsection (3),(b) any assessment guidelines issued and in force under section 94A.(3) The following factors must be taken into account in making a determination under this section:(a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,(b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction,(c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed:(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,(d) in relation to the habitat of a threatened species, population or ecological community:(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality,(e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly),(f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan,(g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.s 94: Am 2002 No 78, Sch 1 [53] (am 2005 No 64, Sch 1.43 [2]).
94A Assessment guidelines
(1) The Minister may, by order published in the Gazette, issue guidelines (assessment guidelines) relating to the determination of whether an action is likely to significantly affect threatened species, populations or ecological communities, or their habitats.(2) An order under this section (including any order that amends, revokes or replaces such an order) may be made only with the concurrence of the Minister for Planning.s 94A: Ins 2002 No 78, Sch 1 [54].
95 Determination by Director-General as to significant effect
(1) If the Director-General determines that an action proposed by an applicant for a licence is likely to significantly affect threatened species, populations or ecological communities, or their habitats, the Director-General must notify the applicant that, if the application is to proceed, a species impact statement prepared in accordance with Division 2 must be provided.(2) If the Director-General determines that an action proposed is not likely to significantly affect threatened species, populations or ecological communities, or their habitats, a licence under this Act is not required and the Director-General must, as soon as practicable after making the determination, issue to the applicant a certificate to that effect.Note—An action that is not required to be licensed under this Act may however be required to be licensed under the National Parks and Wildlife Act 1974 if it is likely to affect protected fauna or protected native plants or may otherwise constitute an offence under that Act.
96 Publication of licence application
(1) The Director-General is to keep a register of licence applications made under this Act.(2) The Director-General must, within 7 days after receiving a licence application, cause a copy of the application to be placed on the register.(3) The register is not to include any information the disclosure of which would contravene the Privacy and Personal Information Protection Act 1998.(4) Copies of the register are to be made available for public inspection (free of charge) at the principal office of the National Parks and Wildlife Service and on the internet site maintained by the National Parks and Wildlife Service.(5) If the licence application is accompanied by a species impact statement or a species impact statement is provided in response to a notification from the Director-General that a statement is required, the Director-General must cause to be placed in a newspaper circulating throughout the State a notice:(a) outlining the nature of the application, and(b) specifying the address of the place at which copies of the species impact statement may be inspected or purchased, and(c) inviting written submissions within a period of not less than 28 days after the date of the notice.s 96: Subst 2002 No 78, Sch 1 [55].
96A Sale of copies of species impact statement
(1) The Director-General may require an applicant for a licence to provide additional copies of a species impact statement that accompanied the application or was provided in response to a notification from the Director-General that a statement is required.(2) The Director-General may refuse to grant an application if that direction is not complied with.(3) Copies of the species impact statement may be sold by the Director-General to any member of the public for not more than $25 a copy (or such other amount as may be prescribed by the regulations).(4) The Director-General must:(a) pay the proceeds of sale of copies of the species impact statement to the applicant, and(b) return to the applicant any unsold copies of the species impact statement.s 96A: Ins 2002 No 78, Sch 1 [56].
97 Matters that Director-General must take into account
(1) In considering whether to grant or to refuse to grant a licence application, the Director-General must take into account the following:(a) any species impact statement,(b) any written submissions received concerning the application within the period, and at the address for submissions, specified in the notice,(c) the factors specified in sections 10–15,(d) any relevant recovery plan or threat abatement plan,(e) the principles of ecologically sustainable development,(f) whether the action proposed is likely to irretrievably reduce the long-term viability of the species, population or ecological community in the region,(g) whether the action proposed is likely to accelerate the extinction of the species or ecological community or place it at risk of extinction.(2) The Director-General must also consider the likely social and economic consequences of granting or refusing to grant a licence application.
98 Director-General may request additional information
The Director-General may request the applicant to provide additional information in support of an application for a licence.
99 Determination of licence application
(1) After considering an application for a licence and accompanying material, the Director-General may:(a) grant the application, unconditionally or subject to conditions or restrictions, or(b) refuse the application.(2) The Director-General must, subject to subsection (3), make a decision about an application within 120 days after the Director-General receives a species impact statement or within such further period as may be agreed with the applicant for the licence.(3) The Director-General must not grant an application until the processing fee levied in respect of it has been paid.(4) A licence may authorise specified persons in addition to the person to whom the licence is granted to do the things authorised by the licence. In any such case, the specified persons are taken to be the holders of the licence for the purposes of this Act.(5) For the avoidance of doubt, it is declared that the Director-General is not a determining authority for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 when granting a licence.
100 Licence may extend to protected fauna or protected native plants
(1) The Director-General may, in a licence granted under this Part, authorise a person to take action that is likely to result in either or both of the following:(a) harm to protected fauna,(b) picking of protected native plants.(2) In this section, protected fauna and protected native plant have the same meanings as in the National Parks and Wildlife Act 1974.
101 Conditions and restrictions to licence
(1) Without limiting section 99 (1) (a), the Director-General may grant an application for a licence subject to a condition that the applicant:(a) make specified modifications to the action proposed, whether in relation to the area of land proposed to be affected or otherwise, or(b) make a monetary contribution towards the cost of preparation of a recovery plan for any threatened species, population or ecological community, or any of their habitats, likely to be affected by the action proposed.(2) The Director-General may, by notice in writing served on the holder of a licence:(a) attach any conditions or restrictions to the licence after its issue, or(b) vary or remove any conditions or restrictions attached to any licence, or(c) otherwise vary the licence.Note—Section 133 of the National Parks and Wildlife Act 1974 requires that the holder of a licence under this Part must not contravene or fail to comply with any condition or restriction attached to the licence.(3) The Audit and Compliance Committee established under section 9 of the National Parks and Wildlife Act 1974 is to monitor the conditions attached to licences by the Director-General, for the purpose of overseeing the compliance of the Director-General with his or her obligations under this Act.s 101: Am 2002 No 78, Sch 1 [57].
102 Proposed variation of licence to be publicly notified
(1) Despite section 101 (2), the Director-General must, before removing or varying any condition or restriction attached to a licence:(a) cause to be placed in a newspaper circulating throughout the State a notice:(i) outlining the nature of the proposed variation to the licence, and(ii) specifying the address of the place at which copies of any species impact statement relating to the licence may be inspected or purchased, and(iii) inviting written submissions within a period of not less than 28 days after the date of the notice, and(b) take into account the matters specified in section 97.(2) This section does not apply if the proposed variation to the licence constitutes a minor amendment only of that licence.
103 Notification of licence determination
(1) The Director-General is to notify an applicant and any person who has made submissions of the Director-General’s determination of a licence application.(2) The Director-General must give a copy of the reasons for his or her determination of a licence application:(a) to the applicant, and(b) to any person who asks for it (either free or for a reasonable charge determined by the Director-General).s 103: Am 2002 No 78, Sch 1 [58].
104 Director-General to keep register of licences
(1) The Director-General must keep a register containing copies of licences issued under this Division as in force from time to time.(2) The register is to be open for public inspection, without charge, during ordinary business hours, and copies of or extracts from the register are to be made available to the public on request, on payment of the fee fixed by the Director-General.
105 Cancellation of licence
(1) A licence granted under this Part may be cancelled by the Director-General.(2) The Director-General is to notify the holder of a licence of its cancellation and is to include the reasons for the cancellation in that notification.
106 Appeal by applicant or person commenting on licence application
(1) An applicant for a licence or a person who has made written submissions (within the period specified in this Division) about an application for a licence, or a person to whose licence conditions or restrictions have been attached or whose licence has been varied or cancelled may, if dissatisfied with the Director-General’s decision, appeal to the Land and Environment Court.(2) In determining an appeal about an application for a licence, the Court must take into account the matters set out in section 97, but this requirement does not limit the operation of section 39 of the Land and Environment Court Act 1979.
107 Time for appeal, and deemed approval
(1) An appeal may be made by a person within 28 days after notification has been given to the person under section 101 (2), 103 or 105 (2) or, if the appellant is dissatisfied with any condition or restriction attached to a licence when it is granted, within 28 days after the licence is granted.(2) If the Director-General fails to grant, but does not refuse, a licence application by the expiry of the period of 120 days referred to in section 99 (2) or of any extension of that period agreed to by the Director-General and the applicant for the licence, the application is taken to have been granted.
108 Stay of operation of licence pending appeal
(1) If an appeal relates to the grant of a licence, the licence has no operation until the expiration of the period within which a person entitled to lodge an appeal may do so or, if an appeal has been lodged, until the appeal is finally determined.(2) If no written submissions about an application of a licence are received at the specified place and by the specified date and the applicant informs the Director-General in writing that the applicant does not wish to lodge an appeal but that the applicant wishes the licence to commence, the licence is to operate from a date stipulated by the Director-General.
Division 2 Species impact statements
109 Form of species impact statements
(1) A species impact statement must be in writing.(2) A species impact statement must be signed by the principal author of the statement and by:(a) the applicant for the licence, or(b) if the species impact statement is prepared for the purposes of the Environmental Planning and Assessment Act 1979, the applicant for development consent or the proponent of the activity proposed to be carried out (as the case requires), or(c) if the species impact statement is prepared for the purposes of the Plantations and Reafforestation Act 1999, the applicant for authorisation under that Act.s 109: Am 1999 No 97, Sch 2.8 [1].
110 Content of species impact statement
(1) A species impact statement must include a full description of the action proposed, including its nature, extent, location, timing and layout and, to the fullest extent reasonably practicable, the information referred to in this section.(2) A species impact statement must include the following information as to threatened species and populations:(a) a general description of the threatened species or populations known or likely to be present in the area that is the subject of the action and in any area that is likely to be affected by the action,(b) an assessment of which threatened species or populations known or likely to be present in the area are likely to be affected by the action,(c) for each species or population likely to be affected, details of its local, regional and State-wide conservation status, the key threatening processes generally affecting it, its habitat requirements and any recovery plan or threat abatement plan applying to it,(d) an estimate of the local and regional abundance of those species or populations,(e) an assessment of whether those species or populations are adequately represented in conservation reserves (or other similar protected areas) in the region,(e1) an assessment of whether any of those species or populations is at the limit of its known distribution,(f) a full description of the type, location, size and condition of the habitat (including critical habitat) of those species and populations and details of the distribution and condition of similar habitats in the region,(g) a full assessment of the likely effect of the action on those species and populations, including, if possible, the quantitative effect of local populations in the cumulative effect in the region,(h) a description of any feasible alternatives to the action that are likely to be of lesser effect and the reasons justifying the carrying out of the action in the manner proposed, having regard to the biophysical, economic and social considerations and the principles of ecologically sustainable development,(i) a full description and justification of the measures proposed to mitigate any adverse effect of the action on the species and populations, including a compilation (in a single section of the statement) of those measures,(j) a list of any approvals that must be obtained under any other Act or law before the action may be lawfully carried out, including details of the conditions of any existing approvals that are relevant to the species or population.(3) A species impact statement must include the following information as to ecological communities:(a) a general description of the ecological community present in the area that is the subject of the action and in any area that is likely to be affected by the action,(b) for each ecological community present, details of its local, regional and State-wide conservation status, the key threatening processes generally affecting it, its habitat requirements and any recovery plan or any threat abatement plan applying to it,(b1) an assessment of whether those ecological communities are adequately represented in conservation reserves (or other similar protected areas) in the region,(b2) an assessment of whether any of those ecological communities is at the limit of its known distribution,(c) a full description of the type, location, size and condition of the habitat of the ecological community and details of the distribution and condition of similar habitats in the region,(d) a full assessment of the likely effect of the action on the ecological community, including, if possible, the quantitative effect of local populations in the cumulative effect in the region,(e) a description of any feasible alternatives to the action that are likely to be of lesser effect and the reasons justifying the carrying out of the action in the manner proposed, having regard to the biophysical, economic and social considerations and the principles of ecologically sustainable development,(f) a full description and justification of the measures proposed to mitigate any adverse effect of the action on the ecological community, including a compilation (in a single section of the statement) of those measures,(g) a list of any approvals that must be obtained under any other Act or law before the action may be lawfully carried out, including details of the conditions of any existing approvals that are relevant to the ecological community.(4) A species impact statement must include details of the qualifications and experience in threatened species conservation of the person preparing the statement and of any other person who has conducted research or investigations relied on in preparing the statement.(5) The requirements of subsections (2) and (3) in relation to information concerning the State-wide conservation status of any species or population, or any ecological community, are taken to be satisfied by the information in that regard supplied to the principal author of the species impact statement by the National Parks and Wildlife Service, which information that Service is by this subsection authorised and required to provide.s 110: Am 1996 No 30, Sch 2; 2002 No 78, Sch 1 [59] [60].
111 Director-General’s requirements
(1) The person applying for the licence (or, if the species impact statement is being prepared for the purposes of the Environmental Planning and Assessment Act 1979, the applicant for development consent or the proponent of the activity or, if the species impact statement is being prepared for the purposes of the Plantations and Reafforestation Act 1999, the applicant for authorisation under that Act) must request from the Director-General and must, in preparing the species impact statement, comply with any requirements notified to the person by the Director-General concerning the form and content of the statement.(2) The Director-General must notify any requirements under this section within 28 days after having been requested to provide them.(3) Despite the other provisions of this Division, the Director-General may, having regard to the circumstances of a particular case, limit or modify (or limit and modify) the matters to be included in a species impact statement in such manner as may be specified by the Director-General in the particular case.(4) Despite anything in this Act or the Environmental Planning and Assessment Act 1979 or the Plantations and Reafforestation Act 1999, the Director-General may, having regard to the circumstances of a particular case, dispense with the requirement for a species impact statement in the particular case if the Director-General is satisfied that the impact of the activity concerned will be trivial or negligible.s 111: Am 1999 No 97, Sch 2.8 [2] [3].
112 Regulations
The regulations may make further provision for or with respect to the form and contents of species impact statements.
113 Director-General may accredit persons to prepare species impact statements
(1) The Director-General is to institute arrangements for the accreditation of suitably qualified and experienced persons to prepare species impact statements for the purposes of this Act.(2) An applicant for accreditation must furnish the Director-General with such information as the Director-General requires to effectively determine the application and must be accompanied by the fee fixed by the Director-General for the consideration of the application.(3) An accreditation is to be for the period specified by the Director-General in the instrument of accreditation, and the accreditation (or any renewal of it) may be given subject to the conditions and restrictions (if any) specified in the instrument of accreditation.(3A) Without limiting subsection (3), an accreditation is to include conditions that require a species impact statement to be prepared in accordance with survey standards approved from time to time by the Director-General by order published in the Gazette.(4) The Director-General may vary conditions or restrictions (if any) attaching to an accreditation and may suspend or cancel an accreditation.s 113: Am 2002 No 78, Sch 1 [61] [62].
Division 3 Exceptions to licensing requirements
pt 6, div 3: Ins 2002 No 78, Sch 1 [63].
113A Regulations
(1) The regulations may provide that development or an activity of a specified type constitutes, or does not constitute, development that is likely to significantly affect threatened species, populations or ecological communities, or their habitats.(2) Any such regulations have effect (despite the provisions of this Act or any other Act) for the purposes of the operation of:(a) Part 6 (Licensing) of this Act, and(b) Parts 4 and 5 of the Environmental Planning and Assessment Act 1979 (including the operation of those Parts as applying under any other Act).Note—Exceptions for the carrying out of routine agricultural management activities are provided for in section 118G of the National Parks and Wildlife Act 1974.(3) A regulation that provides that development or an activity of a specified type does not constitute development that is likely to significantly affect threatened species, populations or ecological communities, or their habitats, is not to be made unless the Minister has certified in writing that the development or activity is of minimal environmental impact on threatened species, populations and ecological communities, and their habitats.s 113A: Ins 2002 No 78, Sch 1 [63]. Subst 2004 No 88, Sch 1 [67].
113B Property management plans
(1) The Director-General may, for the purposes of this Act, approve of a property management plan for land prepared by a landholder.(2) In determining whether to approve a property management plan, the Director-General must take into account such matters as may be prescribed by the regulations.(3) The Minister is to endeavour to ensure that regulations are made for the purposes of subsection (2) within 6 months after the commencement of that subsection.(4) Any action identified in, and carried out in accordance with, a property management plan so approved by the Director-General does not require a licence under this Part even if the action is an action, or of a class of actions, that may, in accordance with the regulations, be carried out only under the authority of a licence under this Part.(5) Without limiting subsection (4), a property management plan may include provisions that authorise persons other than the landholder to take any action on or in respect of land. For example, provisions that authorise Aboriginal persons to harm animals or pick plants on the land that is the subject of the property management plan may be included.(6) It is a defence to a prosecution for an offence under Part 8A of the National Parks and Wildlife Act 1974 if the accused proves that the action constituting the alleged offence was identified in, and carried out in accordance with, a property management plan approved by the Director-General for the purposes of this Act.(7) Nothing in this section prevents the Director-General from granting a licence under this Part to a landholder or to any other person to authorise the person to take any action referred to in section 91 (1).(8) For the avoidance of doubt, it is declared that the Director-General is not a determining authority for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 when approving a property management plan.s 113B: Ins 2002 No 78, Sch 1 [63].
Division 4 Miscellaneous
pt 6, div 4 (s 113C): Ins 2002 No 78, Sch 1 [63].
113C Transitional—effect of changes to list of vulnerable species
(1) An amendment to the list of vulnerable species does not apply in respect of an application for a licence duly made under section 92 before the amendment took effect.(2) This section ceases to apply in respect of an application for a licence at the end of the period of 12 months after the application is made.pt 6, div 4 (s 113C): Ins 2002 No 78, Sch 1 [63].
Part 7 Other conservation measures
Introductory note—
This Part deals with certain other measures that may be taken to conserve threatened species, populations and ecological communities, and their habitats. These involve the making of stop work orders by the Director-General or the making of joint management agreements between the Director-General and other public authorities to manage or regulate actions on land that may jeopardise the survival of threatened species, populations or ecological communities, or their habitats.
Measures available under the National Parks and Wildlife Act 1974, involving the making of interim protection orders by the Minister or the entering into of conservation agreements by the Minister with land owners, may also be employed for the conservation of threatened species, populations or ecological communities, or their habitats.
Division 1 deals with the making of stop work orders by the Director-General, appeals, consultations about modification of detrimental action and recommendations for the making of interim protection orders under the National Parks and Wildlife Act 1974.
Division 2 deals with the preparation, contents and publication of joint management agreements, and provides for review of joint management agreements, and the performance of parties to them, by the Scientific Committee.
Division 1 Stop work orders
114 Director-General may make stop work order
(1) If the Director-General is of the opinion that any action is being, or is about to be, carried out that is likely to result in one or more of the following:(a) harm to a threatened species, population or ecological community (so far as animals are concerned),(b) picking of a threatened species, population or ecological community (so far as plants are concerned),(c) damage to critical habitat,the Director-General may order that the action is to cease and that no action, other than such action as may be specified in the order, is to be carried out in or in the vicinity of the critical habitat or the habitat of the threatened species, population or ecological community within a period of 40 days after the date of the order.(d) damage to habitats of threatened species, populations or ecological communities,(2) An order takes effect on and from the date on which:(a) a copy of the order is affixed in a conspicuous place in the critical habitat or other habitat the subject of the order, orwhichever is the sooner.(b) the person performing or about to perform the action is notified that the order has been made,(3) This section does not apply in relation to anything authorised to be done by or under:(a) a licence granted under this Act or the National Parks and Wildlife Act 1974, or(b) the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.(3A) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.(4) This section does not apply in relation to anything that is essential for the carrying out of:(a) development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or(b) an activity, whether by a determining authority or pursuant to an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part.(5) In this Division, a reference to action being, or about to be, carried out includes a reference to action that should be, but is not being, carried out and the Director-General may make an order, in accordance with this Division, that any such action is to be carried out.s 114: Am 1997 No 65, Sch 4.27; 2002 No 67, Sch 5.8 [5] [6].
115 Prior notification of making of stop work order not required
The Director-General is not required, before making an order under this Division, to notify any person who may be affected by the order.
116 Appeal to Minister
(1) A person against whom an order is made under this Division may appeal to the Minister against the making of the order.(2) After hearing an appeal, the Minister may:(a) confirm the order, or(b) modify or rescind the order, but only if this is consistent with the principles of ecologically sustainable development.
117 Extension of stop work order
The Director-General may extend an order under this Division for such further period or periods of 40 days as the Director-General thinks fit.
118 Consultation about modification of proposed detrimental action
(1) After making an order under this Division, the Director-General must immediately consult with the person proposing to perform the action to determine whether any modification of the action may be sufficient to protect the threatened species, populations or ecological communities, critical habitat or other habitat concerned.(2) The Director-General may, for the purposes of making such determination and considering whether the adoption of any other steps, such as the grant of a licence under Part 6, may be appropriate, request the person proposing to perform the action to provide the information referred to in section 92 (3).(3) After considering any information provided under subsection (2) in accordance with the requirements of section 94, the Director-General may, if appropriate and if the person concerned wishes to apply for a licence under Part 6, request the person to provide an application for a licence and a species impact statement for determination under that Part.
119 Recommendation for making of interim protection order
(1) The Director-General must recommend to the Minister the making of an interim protection order under Part 6A of the National Parks and Wildlife Act 1974 if, after consulting with the person proposing to perform the action, the Director-General is of the opinion that satisfactory arrangements cannot be made to protect the threatened species, populations or ecological communities, critical habitat or other habitat that is the subject of an order under this Division.(2) The Director-General must not recommend the making of an interim protection order in relation to anything that is authorised to be done by or under an authority referred to in section 114 (3) or that is essential for a purpose referred to in section 114 (4).
120 Stop work order prevails over other instruments
(1) An approval, notice, order or other instrument made or issued by or under any other Act or law that requires or permits critical habitat, the subject of an order in force under this Division, to be significantly affected is inoperative to the extent of any inconsistency with the order under this Division.(2) This section has effect whether the approval, notice, order or other instrument concerned was made or issued before or after the making of the order under this Division.
Division 2 Joint management agreements
121 Joint management agreements
The Director-General may enter into a joint management agreement with one or more public authorities for the management, control, regulation or restriction of an action that is jeopardising the survival of a threatened species, population or ecological community.Note—It is a defence to certain offences under the National Parks and Wildlife Act 1974 if the act constituting the offence was authorised by and done in accordance with a joint management agreement.s 121, note: Ins 2002 No 78, Sch 1 [64].
122 Role of Scientific Committee
(1) Before a joint management agreement is entered into, the Scientific Committee must review the draft joint management agreement and provide the Director-General with comments on the review by the date specified for the making of public submissions on the draft agreement.(2) The Scientific Committee must also:(a) conduct an annual review of the performance of all parties to a joint management agreement, and(b) advise the Director-General of any deficiencies in implementation of any joint management agreement by any party to it.(3) The Director-General is to incorporate the Scientific Committee’s advice on the annual review of joint management agreements in the Director-General’s annual report to Parliament under the National Parks and Wildlife Act 1974.
123 Contents of joint management agreements
(1) A joint management agreement is to contain terms, binding on all parties, that:(a) identify the threatened species, population or ecological community to which the agreement applies, and(b) identify the action that it manages, controls, regulates or restricts, and(c) state its objective (for example, maintenance of a habitat in a state that will contribute to the long-term survival of the species, population or ecological community), and(d) state the way in which the objective is to be achieved, and(e) specify the measures by which progress towards achieving the objective is to be assessed, and(f) identify the parties who are responsible for the implementation of those measures.(2) A joint management agreement entered into with a council or a consent authority (within the meaning of the Environmental Planning and Assessment Act 1979) is void to the extent to which it fetters any discretion of the council or consent authority in the granting or refusal of a consent or approval under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993.
124 Publication of draft joint management agreement
(1) As soon as practicable after preparing a draft joint management agreement, the Director-General must:(a) give a copy of the draft joint management agreement to the Scientific Committee for review, and(b) publish notice of the preparation of the draft joint management agreement in a newspaper circulating generally throughout the State and in a newspaper circulating generally in the area or areas likely to be affected by the agreement, and(c) publish notice of the preparation of the draft agreement in the Gazette.(2) The notice must:(a) state that the draft joint management agreement has been prepared, and(b) specify the address of the place at which copies of the draft joint management agreement may be inspected, and(c) invite persons to make written submissions to the Director-General about the draft joint management agreement, and(d) specify the address of the place to which submissions about the draft joint management agreement may be forwarded and the date by which submissions must be made.
125 Consideration of submissions by Director-General
(1) The Director-General must consider all written submissions received by the Director-General on or before the date specified in the notice.(2) The Director-General may, with the consent of the other parties to the agreement, amend the draft joint management agreement to take into account any of those submissions and any comments made by the Scientific Committee about the draft agreement.
126 Amendment of joint management agreement
A joint management agreement may only be amended by a joint management agreement.
Division 3 Conservation agreements
pt 7, div 3 (s 126A): Ins 2002 No 78, Sch 1 [65].
126A Conservation agreements
(1) A conservation agreement relating to land that is entered into under the National Parks and Wildlife Act 1974 for the purpose of the conservation of critical habitat or the conservation of threatened species, populations or ecological communities, or their habitats, may make provision for assistance in connection with the following:(a) maintaining and promoting sustainable farming practices and achieving the objects of this Act,(b) implementing the requirements of a recovery plan that relates to the land (if appropriate),(c) ensuring the continued and appropriate agricultural use of the land by the owner of the land.(2) This section does not limit section 69C of the National Parks and Wildlife Act 1974.pt 7, div 3 (s 126A): Ins 2002 No 78, Sch 1 [65].
Division 4 Biodiversity certification of native vegetation reform package
pt 7, div 4: Ins 2004 No 88, Sch 1 [69].
126B Native vegetation reform package
For the purposes of this Division, the native vegetation reform package is the package of reforms comprising the following:(a) the Native Vegetation Act 2003 and the regulations under that Act,(b) State-wide standards and targets for natural resource management issues recommended under the Natural Resources Commission Act 2003 and adopted by the Government,(c) catchment action plans under the Catchment Management Authorities Act 2003,(d) protocols and guidelines adopted or made under the regulations under the Native Vegetation Act 2003, the Catchment Management Authorities Act 2003 and the Natural Resources Commission Act 2003.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126C Biodiversity certification of native vegetation reform package
(1) The Minister may by order published in the Gazette confer biodiversity certification on the native vegetation reform package for the purposes of this Act.(2) The Minister may confer biodiversity certification even if the native vegetation reform package does not comprise all the elements of the package.(3) The Minister may, by order published in the Gazette, suspend biodiversity certification of the native vegetation reform package if the composition of the package changes after its certification (for instance by any amendment of the Native Vegetation Act 2003 or regulations under that Act, or by the approval or amendment of a State-wide standard or target or of a catchment action plan). The Minister may by order published in the Gazette lift any suspension under this subsection.(4) The Minister may, in an order conferring biodiversity certification or in another order published in the Gazette, exclude from the certification of the native vegetation reform package any specified class of activity.(5) In deciding on any action under this section, the Minister is to have regard to the likely impact of the native vegetation reform package (or any relevant aspect of its operation) on the achievement of the objects of this Act.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126D Effect of biodiversity certification
While biodiversity certification of the native vegetation reform package is in force, any activity on land within the area of operations of each catchment management authority has the benefit of that biodiversity certification (except any activity excluded from certification under section 126C (4)).Note—Biodiversity certification has the following effects:(a) the clearing of native vegetation as authorised by a property vegetation plan that is approved while the clearing has the benefit of biodiversity certification is a defence to a prosecution for certain offences under Part 8A of the NPW Act, and(b) development consent to clearing of native vegetation that has the benefit of biodiversity certification does not require the preparation of a species impact statement or consultation between Ministers. (See section 14 (4) of the Native Vegetation Act 2003.)pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126E Suspension of certification in connection with implementation of package
(1) The Minister may by order published in the Gazette suspend biodiversity certification of the native vegetation reform package in its application to a particular catchment management authority if the Minister is of the opinion that the catchment management authority:(a) has failed to properly exercise its functions under the native vegetation reform package, or(b) has otherwise failed to exercise its functions in a manner that promotes the conservation of threatened species, populations and ecological communities.(2) During the suspension of biodiversity certification of the native vegetation reform package in its application to a particular catchment management authority, land within the area of operations of the catchment management authority does not have the benefit of the biodiversity certification of the native vegetation reform package.(3) The Minister is only entitled to form an opinion for the purposes of this section:(a) based on the outcomes of any audit undertaken by the NRC, or(b) based on the results of an investigation conducted by the Director-General, or(c) in such other circumstances as may be prescribed by the regulations.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126F Notification of certification, variation or suspension
(1) Notice of the grant of biodiversity certification under this Division or of any suspension of that certification under this Division is to be given within 14 days:(a) to the Director-General of the Department of Infrastructure, Planning and Natural Resources, and(b) on the website of the Department of Environment and Conservation.(2) The Minister is to keep a register containing copies of each notice of the grant of biodiversity certification under this Division and of any suspension or revocation of that certification.(3) The register is to be open for public inspection, without charge, during ordinary business hours, and copies of or extracts from the register are to be made available to the public on request, on payment of the fee fixed by the Minister.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
Division 5 Biodiversity certification of environmental planning instruments
pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126G Biodiversity certification
(1) The Minister may by order published in the Gazette confer biodiversity certification on an EPI if satisfied that the EPI, in addition to any other relevant measures to be taken, will lead to the overall improvement or maintenance of biodiversity values. Biodiversity values include threatened species, populations and ecological communities, and their habitats.(2) In deciding whether to confer biodiversity certification on an EPI the Minister must also have regard to the following considerations:(a) the likely social and economic consequences of implementation of the EPI,(b) the most efficient and effective use of available resources for the conservation of threatened species, populations and ecological communities,(c) the principles of ecologically sustainable development,(d) conservation outcomes resulting from any reservation or proposed reservation of land under Part 4 of the NPW Act or the entering into of a conservation agreement relating to the land under that Act, or resulting from any other action to secure the protection of land for conservation purposes,(e) conservation outcomes resulting from the operation outside the area of operation of the EPI of strategies, plans, agreements and other instruments (whether or not they are EPIs).(3) In deciding any matter under this section the Minister is to have regard to the objects of this Act.(4) An EPI cannot be biodiversity certified unless:(a) notice is given of proposed biodiversity certification of the EPI in the course of the public exhibition of a draft of the EPI under section 66 of the Environmental Planning and Assessment Act 1979 or by public exhibition following a procedure that substantially accords with the procedure for public exhibition required by that section, and(b) copies of submissions made in response to an invitation for submissions in the course of that public exhibition have been provided to the Minister.(5) The Minister may issue guidelines for the purpose of assisting in the preparation of EPIs for biodiversity certification.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126H Certification can be conditional
(1) Biodiversity certification of an EPI can be subject to conditions, including conditions that limit the certification to specified threatened species, populations and communities or to a specified part of the land to which the EPI applies.(2) Unless limited by the conditions of certification, biodiversity certification of an EPI applies to the whole of the land to which the EPI applies, and to all threatened species, populations and ecological communities.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126I Effect of biodiversity certification
(1) Any development for which development consent is required under the provisions of a biodiversity certified EPI is, for the purposes of Part 4 of the Environmental Planning and Assessment Act 1979 taken to be development that is not likely to significantly affect any threatened species, population or ecological community, or its habitat.(2) An activity to which Part 5 of the Environmental Planning and Assessment Act 1979 applies that a biodiversity certified EPI provides can be carried out without the need for development consent is, for the purposes of that Part, taken to be an activity that is not likely to significantly affect any threatened species, population or ecological community, or its habitat.(3) This section applies only to development or an activity on land to which the certification of the EPI applies and only to threatened species, populations or ecological communities (and their habitat) to which the certification applies.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126J Period of certification and extension
(1) Biodiversity certification of an EPI remains in force for such period as the Minister determines and specifies in the certification. If no period is specified, biodiversity certification remains in force for 10 years.(2) Prior to the expiration of biodiversity certification of an EPI, the Minister may by order published in the Gazette extend by a period of up to 10 years the period for which that certification remains in force, but only if the Minister has reviewed the EPI to take account of any new listing of a species, population or ecological community or the discovery of a species, population or ecological community not previously known in an area.(3) The Minister must not extend the period of biodiversity certification of an EPI unless, prior to granting the extension, the Minister:(a) by notice published in a newspaper circulating generally throughout the State, invites persons to make written submissions to the Minister on the proposed extension, and(b) considers any written submissions received before the closing date specified in the notice for the making of submissions (being a date that is not less than 30 days after the date the notice is first published under this subsection).(4) This section does not prevent further biodiversity certification of an EPI under this Division.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126K Reassessment of biodiversity certification
(1) The Minister is to reassess the grant of biodiversity certification in respect of an EPI following any review of the EPI under the Environmental Planning and Assessment Act 1979, or any rezoning of land to which the EPI applies, to determine whether biodiversity certification should be maintained or modified.(2) If a local council undertakes a review of a biodiversity certified EPI that applies to land in its area, the council is to notify the Minister of the commencement of that review, and the outcome of that review, as soon as practicable.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126L Suspension and revocation of certification
The Minister may by order published in the Gazette suspend or revoke the certification of an EPI if the Minister is of the opinion that:(a) the EPI fails (or will, as a result of any proposed amendment of the EPI, fail) to make appropriate provision for the conservation of threatened species, populations and ecological communities, or(b) the consent authority under the EPI has failed to adequately comply with a direction by the Minister to review the EPI in response to any new listing of a species, population or ecological community or the discovery of a species, population or ecological community not previously known in an area.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126M Notification of certification, suspension or revocation
(1) Notice of the grant of biodiversity certification under this Division or of the extension, suspension or revocation of that certification is to be given within 21 days:(a) to the Director-General of the Department of Infrastructure, Planning and Natural Resources, and(b) on the website of the Department of Environment and Conservation, and(c) to each local council that is the council of an area of which land to which the EPI applies forms part.(2) The Minister is to keep a register containing copies of each notice of the grant of biodiversity certification under this Division and of any extension, suspension or revocation of that certification.(3) The register is to be open for public inspection, without charge, during ordinary business hours, and copies of or extracts from the register are to be made available to the public on request, on payment of the fee fixed by the Minister.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126N Concurrence can be conditional on voluntary conservation action
(1) The Director-General may grant concurrence under section 79B or 112C of the Environmental Planning and Assessment Act 1979 conditional on the taking of specified action (voluntary action, as provided by subsection (2)) that the Director-General considers will significantly benefit threatened species conservation, but only if the Director-General is satisfied that the person who proposes to carry out the development or activity to which the concurrence relates has agreed to take the voluntary action and agrees to the imposition of the condition.(2) The voluntary action that can be required by a condition imposed under this section is any one or more of the following:(a) the reservation of land under Part 4 of the NPW Act or the entering into of a conservation agreement relating to the land under that Act,(b) action to secure the protection of land for conservation purposes by a method that the Director-General considers satisfactory,(c) action to restore threatened species habitat on land referred to in paragraph (a) or (b),(d) the contribution of money for a purpose referred to in paragraph (a)–(c).(3) In determining whether to confer biodiversity certification on an EPI, the Minister is entitled to have regard to the conservation benefits that will result from the taking of action in accordance with a condition proposed to be imposed under this section (as if those benefits would result from the implementation of the EPI).(4) When such a condition is imposed as a condition of concurrence in respect of development, the consent authority for the development must also impose the condition on its consent for the development.(5) The annual report of the Department is to include an assessment of how any voluntary action taken pursuant to a condition imposed under this section has benefited or is likely to benefit the adversely affected threatened species, including details of how any land or money contributed pursuant to such a condition has benefited or is likely to benefit threatened species.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
126O Director-General may accredit persons to prepare threatened species assessments and surveys
(1) The Director-General is to institute arrangements for the accreditation of suitably qualified and experienced persons to undertake and prepare surveys and assessments for use in connection with:(a) biodiversity certification of EPIs under this Division, or(b) any assessment of the matters referred to in section 5A (Significant effect on threatened species, populations or ecological communities, or their habitats) of the Environmental Planning and Assessment Act 1979.(2) An applicant for accreditation must furnish the Director-General with such information as the Director-General requires to effectively determine the application and the application must be accompanied by the fee fixed by the Director-General for the consideration of the application.(3) An accreditation is to be for the period (not exceeding 3 years) specified by the Director-General in the instrument of accreditation, and the accreditation (or any renewal of it) may be given subject to the conditions and restrictions (if any) specified in the instrument of accreditation.(4) Without limiting subsection (3), an accreditation is to include conditions that require surveys and assessments to be undertaken and prepared in accordance with standards approved from time to time by the Director-General by order published in the Gazette.(5) The Director-General may vary conditions or restrictions (if any) attaching to an accreditation and may suspend or cancel an accreditation.pt 7, div 5 (ss 126B–126O): Ins 2004 No 88, Sch 1 [69].
Part 8 Scientific Committee
Introductory note—
This Part establishes, and describes the functions, membership and procedure of, and the manner of service of documents on, the Scientific Committee. The Part provides that the Scientific Committee is not subject to Ministerial control or direction.
127 Establishment of Scientific Committee
There is established by this Act a body corporate with the corporate name “Scientific Committee”.
128 Functions of Scientific Committee
(1) The Scientific Committee has the functions conferred or imposed on it by or under this or any other Act or law.(2) The principal functions of the Scientific Committee are as follows:(a) to determine which species are to be listed under this Act as threatened species,(b) to determine which populations are to be listed under this Act as endangered populations and to advise the Director-General on the identification of their critical habitat,(c) to determine which ecological communities are to be listed under this Act as endangered or critically endangered ecological communities and to advise the Director-General on the identification of their critical habitat,(d) to determine which threatening processes are to be listed under this Act as key threatening processes,(e) to review draft joint management agreements and the performance of parties under executed joint management agreements,(f) to advise the Director-General on the exercise of the Director-General’s functions under this Act,(g) to advise the Minister and the NRC on any matter relating to the conservation of threatened species, populations or ecological communities that is referred to the Committee by the Minister or that the Committee considers appropriate.(3) The Scientific Committee may, in the exercise of its functions, make use of consultants or obtain assistance or advice from other persons.s 128: Am 2004 No 88, Sch 1 [70] [71].
129 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) two are to be scientists employed by the National Parks and Wildlife Service nominated by the Director-General,(b) one is to be a scientist employed by a public authority, having expertise in one or more of the areas of study referred to in subsection (3), selected by the Minister,(b1) one is to be a scientist who is employed by a public authority that has land management responsibilities and who is selected by the Minister,(c) one is to be a scientist nominated by the Commonwealth Scientific and Industrial Research Organisation,(d) one is to be a scientist employed and nominated by the Australian Museum Trust,(e) one is to be a scientist employed and nominated by the Royal Botanic Gardens and Domain Trust,(f) one is to be a scientist nominated by the Ecological Society of Australia,(g) one is to be a scientist nominated by the Entomological Society of Australia,(h) one is to be a scientist who is employed by a tertiary educational institution and who is selected by the Minister,(i) one is to be a scientist having expertise in agricultural science and natural resource management who is selected by the Minister.(3) A person 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, or employed and nominated, by that other person or body as a member of the Scientific Committee, in place of a scientist nominated, or employed and nominated, by the nominating body.s 129: Am 2002 No 78, Sch 1 [66]–[69].
130 Provisions relating to members of Scientific Committee
(1) Subject to this Act, a member of the Scientific Committee holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.(1A) A person who serves as a member of the Scientific Committee for 2 consecutive periods is not eligible to be a member of the Scientific Committee for 3 years after the end of those consecutive periods.(1B) In determining the term of office to be provided for by a member’s instrument of appointment, the Minister is to have regard to the desirability of maintaining some continuity of membership of the Committee. That is, the Minister is to endeavour to ensure that the terms of office of all members do not expire at or about the same time.(2) A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.(3) The office of a member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not reappointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this section or by the Governor under Part 8 of the Public Sector Management Act 1988, or(e) is absent from 4 consecutive meetings of the Scientific Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Scientific Committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Scientific Committee for having been absent from those meetings, or(f) becomes a mentally incapacitated person, or(g) ceases to have the qualification required for the member’s appointment.(4) The Minister may remove a member from office.(5) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.(6) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, orthe provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.(b) prohibiting the person from engaging in employment outside the duties of that office,s 130: Am 2002 No 78, Sch 1 [70].
131 Chairperson and Deputy Chairperson
A Chairperson and a Deputy Chairperson of the Scientific Committee are to be appointed by the Minister from among the members of the Scientific Committee.
132 Disclosure of pecuniary interests
(1) If:(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Scientific Committee, andthe member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Scientific Committee.(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,(2) A disclosure by a member at a meeting of the Scientific Committee that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, oris a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1).(c) has some other specified interest relating to a specified company or other body or to a specified person,(3) Particulars of any disclosure made under this section must be recorded by the Scientific Committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee (if any) determined by the Scientific Committee.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Scientific Committee otherwise determines:(a) be present during any deliberation of the Scientific Committee with respect to the matter, or(b) take part in any decision of the Scientific Committee with respect to the matter.(5) For the purposes of the making of a determination by the Scientific Committee under subsection (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Scientific Committee for the purpose of making the determination, or(b) take part in the making by the Scientific Committee of the determination.(6) A contravention of this section does not invalidate any decision of the Scientific Committee.
133 Procedure of Scientific Committee
(1) The procedure for the calling of meetings of the Scientific Committee and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Scientific Committee.(2) The quorum for a meeting of the Scientific Committee is 6 members.(3) The Chairperson of the Scientific Committee or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both the Chairperson and the Deputy Chairperson, another member elected to chair the meeting, is to preside at a meeting of the Scientific Committee. The person presiding at a meeting has a deliberative vote but not a casting vote.(4) A decision supported by a majority of the votes cast at a meeting of the Scientific Committee at which a quorum is present is the decision of the Scientific Committee.(5) The Scientific Committee may invite suitably qualified persons to attend meetings to advise or inform the Scientific Committee on any matter.
134 Transaction of business outside meeting or by telephone or other means
(1) The Scientific Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Scientific Committee.(2) The Scientific Committee may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subsection (1), orthe Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Scientific Committee.(b) a meeting held in accordance with subsection (2),(4) A resolution approved under subsection (1) is, subject to the regulations, to be recorded in the minutes of the meeting of the Scientific Committee.(5) Papers may be circulated among the members for the purposes of subsection (1) by facsimile or other transmission of the information in the papers concerned.
135 Scientific Committee not subject to Ministerial control
The Scientific Committee is not subject to the control or direction of the Minister.
136 Service of documents on Scientific Committee
For the purposes of this Act, a nomination for listing under Part 2 or any other document is made, issued or given to the Scientific Committee if it is addressed to the Scientific Committee and is:(a) lodged at the head office of the National Parks and Wildlife Service, or(b) sent by post to the head office of the National Parks and Wildlife Service, or(c) sent by facsimile transmission or other electronic means notified by the Scientific Committee as being an available means of communication, or(d) sent by any means provided for the service of documents by another Act or law.
Part 9 Biological Diversity Strategy
136A References to Minister and Director-General
(1) In this Part, a reference to the Minister includes a reference to the Minister administering the Fisheries Management Act 1994 and a reference to the Director-General includes a reference to the Director of NSW Fisheries.(2) If a provision of this Part (or applied by this Part) requires or authorises the Minister or the Director-General to take any action or decide any matter, the provision is taken only to require or authorise:(a) the Minister administering this Act and the Minister administering the Fisheries Management Act 1994, orto take the action jointly or decide the matter jointly.(b) the Director-General and the Director of NSW Fisheries,(3) However, any such action may be taken separately, or any such decision may be made separately, in respect of any matter if those Ministers or officers so agree.s 136A: Ins 1997 No 153, Sch 6.6 [3].
137–139 (Repealed)
s 137: Am 1997 No 153, Sch 6.6 [4] [5]; 2002 No 78, Sch 1 [71]–[73]. Rep 2004 No 88, Sch 1 [72].
s 138: Am 1997 No 153, Sch 6.6 [6]. Rep 2004 No 88, Sch 1 [72].
s 139: Rep 2004 No 88, Sch 1 [72].
140 The Strategy
(1) The Director-General is to prepare a Biological Diversity Strategy within 9 months after the commencement of this Part setting out how the objects of this Act are to be achieved.(2) The Strategy is to include proposals for:(a) ensuring the survival and evolutionary development in nature of all species, populations and communities, including appropriate protection under the Wilderness Act 1987 or the National Parks and Wildlife Act 1974 or under the Fisheries Management Act 1994, and(b) preparing or contributing to the preparation of strategies for ecologically sustainable development in New South Wales, including the integration of biological diversity conservation and natural resource management, and(c) an education program targeted at the community and public authorities, and(d) a biological diversity research program, and(e) encouraging greater community involvement in decision making affecting biological diversity.(3) The Strategy must also include:(a) the objectives and performance targets of the Strategy, and(b) a statement of the means by which these objectives and performance targets are to be achieved, and(c) a statement of the manner in which the National Parks and Wildlife Service constituted by the National Parks and Wildlife Act 1974 and NSW Fisheries propose to assess their performance with respect to attainment of the objectives and performance targets of the Strategy.(4) The Director-General may amend the Strategy.(5) The Strategy is to be amended within 12 months after the commencement of the amendments to this section made by the Fisheries Management Amendment Act 1997 so as to extend the Strategy to fish and marine vegetation.s 140: Am 1997 No 153, Sch 6.6 [7]–[10].
141 Procedure for making or amending Strategy
(1) The Director-General is to prepare a draft Strategy and publish notice of the draft Strategy in a newspaper circulating generally throughout the State.(2) A notice is to:(a) be in the form prescribed by the regulations, and(b) state the date by which submissions may be made to the Director-General, which is to be at least 30 days after the date on which the notice is published, and(c) specify the manner in which submissions may be made, and(d) fix a time and place at which a copy of the draft Strategy will be available to the public for inspection.(3) Any person may make submissions to the Director-General about the draft Strategy.(4) The Director-General may, after the expiration of the period referred to in subsection (2) (b) and after examination of submissions received, amend the Strategy. The Director-General is to refer the Strategy and any submissions received to the Scientific Committee for its consideration and advice.(5) Before adopting the Strategy, the Director-General is to consider the comments and suggestions of the Scientific Committee and is to seek the advice of any other relevant public authority.(6) The Director-General may adopt the Strategy without alteration or with such alterations as the Director-General thinks fit.(7) After the Strategy has been adopted, the Director-General is to publish notice of its making in the Gazette and in a newspaper circulating generally throughout the State.(8) The procedures applicable to the making of the Strategy apply to the making of an amendment to the Strategy that is not a minor amendment.(9) In this section a reference to the Scientific Committee includes a reference to the Fisheries Scientific Committee under Part 7A of the Fisheries Management Act 1994.s 141: Am 1997 No 153, Sch 6.6 [11].
Part 9A Advisory Councils
pt 9A (ss 141A–141D): Ins 2004 No 88, Sch 1 [73].
141A References to Minister and Director-General
(1) In this Part, a reference to the Minister includes a reference to the Minister administering the Fisheries Management Act 1994 and a reference to the Director-General includes a reference to the Director-General of the Department of Primary Industries.(2) If a provision of this Part (or applied by this Part) requires or authorises the Minister or the Director-General to take any action or decide any matter, the provision is taken only to require or authorise:(a) the Minister administering this Act and the Minister administering the Fisheries Management Act 1994, orto take the action jointly or decide the matter jointly.(b) the Director-General and the Director-General of the Department of Primary Industries,(3) However, any such action may be taken separately, or any such decision may be made separately, in respect of any matter if those Ministers or officers so agree.pt 9A (ss 141A–141D): Ins 2004 No 88, Sch 1 [73].
141B Biological Diversity Advisory Council
(1) There is to be a Biological Diversity Advisory Council (BDAC).(2) The Minister is to determine by instrument in writing the membership and the terms and conditions of appointment of members of BDAC.(3) The members of BDAC are to have expertise in one or more of the following areas:(a) biological diversity,(b) biological science,(c) environmental science.(4) BDAC may advise the Minister, the Director-General and the NRC on:(a) likely impacts on biological diversity of actions to be taken under the Act following the listing of threatened species, populations or ecological communities or key threatening processes, and(b) such other related matters as may be referred to BDAC by the Minister, the Director-General or the NRC.pt 9A (ss 141A–141D): Ins 2004 No 88, Sch 1 [73].
141C Social and Economic Advisory Council
(1) There is to be a Social and Economic Advisory Council (SEAC).(2) The Minister is to determine by instrument in writing the membership and the terms and conditions of appointment of members of SEAC.(3) The members of SEAC are to have expertise in one or more of the following areas:(a) natural resource management,(b) economics,(c) social impact assessment,(d) industry or agriculture sectors.(4) SEAC may advise the Minister, the Director-General and the NRC on:(a) likely social and economic impacts of actions to be taken under this Act following the listing of threatened species, populations or ecological communities or key threatening processes, and(b) such other related matters as may be referred to SEAC by the Minister, the Director-General or the NRC.pt 9A (ss 141A–141D): Ins 2004 No 88, Sch 1 [73].
141D Provisions relating to BDAC, SEAC and their members
(1) The provisions of sections 130 (Provisions relating to members of Scientific Committee), 131 (Chairperson and Deputy Chairperson), 132 (Disclosure of pecuniary interests), 133 (Procedure of Scientific Committee) and 134 (Transaction of business outside meeting or by telephone or other means) apply to and in respect of BDAC and SEAC and the members of BDAC and SEAC as if references in those sections to the Scientific Committee were references to BDAC and SEAC.(2) Despite subsection (1), the quorum for a meeting of BDAC or SEAC is a majority of the members of BDAC or SEAC.pt 9A (ss 141A–141D): Ins 2004 No 88, Sch 1 [73].
Part 10 Miscellaneous
Introductory note—
This Part makes provision for a number of miscellaneous matters relating to the operation of the Act. These include:
• a statement that the Act binds the Crown
• a requirement that the Director-General report on the operation of the Act in the Director-General’s annual report to Parliament
• a provision enabling third parties to bring proceedings in the Land and Environment Court for orders remedying or restraining breaches of the Act
• a statement that the Act is not intended to affect native title rights and interests
• a provision providing that the Director-General may decline to disclose the location of critical habitat (or proposed critical habitat) other than to specified persons if the Director-General is of the opinion that disclosure would be likely to expose the critical habitat (or proposed critical habitat) to a significant risk and that withholding of the location is in the public interest, and if affected landholders have requested, or are agreeable to, the withholding of the location
• a provision enabling third parties to bring proceedings in the Land and Environment Court for orders remedying or restraining breaches of the Act
• provisions as to the form and service of notices and other documents under the proposed Act
• a provision concerning review of the operation of the Act as soon as possible after the period of 18 months after the date of assent to the proposed Act.
The Part also authorises the making of regulations, and contains formal provisions giving effect to the Schedules amending other Acts and inserting savings, transitional and other provisions.
142 Act binds Crown
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its capacities.
142A Delegation
The Minister or the Director-General may delegate to any member of staff of the Department any of the Minister’s or Director-General’s functions under this Act other than this power of delegation.s 142A: Ins 2004 No 88, Sch 1 [74].
143 Annual report by Director-General on operation of Act
(1) The Director-General is to report on the operation of this Act in the annual report of the National Parks and Wildlife Service.(2) The report is to include a report on the implementation of Parts 3, 4 and 5 of this Act.s 143: Am 2002 No 78, Sch 1 [74].
144 Relationship of Act to National Parks and Wildlife Act 1974
Except as otherwise provided by this Act, nothing in this Act affects the operation of the National Parks and Wildlife Act 1974 in relation to animals and plants.
145 Native title rights and interests
This Act does not affect the operation of the Native Title Act 1993 of the Commonwealth or the Native Title (New South Wales) Act 1994 in respect of the recognition of native title rights and interests within the meaning of the Commonwealth Act or in any other respect.
146 Decision not to disclose location of critical habitat
(1) The Director-General may, by notice in writing, determine that any matter in any document in the possession of the National Parks and Wildlife Service that may identify the location of critical habitat or any area or areas of land proposed to be identified as critical habitat should not be disclosed to the public.(1A) Despite the other provisions of this Act, the Director-General may decline:(a) to give public notice (by publication in a newspaper or in the Gazette) of a proposal (or amended proposal) to identify an area or areas of land as critical habitat, the approval of such a proposal, a declaration of critical habitat or the amendment or revocation of such a declaration, and(b) to serve a copy of a map of critical habitat on any one or more of the persons or bodies referred to in section 54 (Maps of critical habitat to be served), and(c) to include a copy of a declaration of critical habitat or a map of critical habitat in the register kept under section 55 (Director-General to keep register of critical habitat).(2) The Director-General may exercise a function under subsection (1) or (1A) only if:(a) the Director-General is of the opinion that:(i) not to exercise the function would be likely to expose the critical habitat (or the proposed critical habitat) and the endangered or critically endangered species, population or ecological community that occupies it to a significant threat, and(ii) the public interest requires the function to be exercised, and(b) each landholder of land concerned has requested or is agreeable to the exercise of the function.(3) Nothing in this section prevents the Director-General from disclosing the location of critical habitat to:(a) landholders or other persons having any legal or equitable estate, interest, easement, servitude, privilege or right in or over the land, or(b) public authorities exercising functions in relation to the land, or(c) any other person entitled by or under this or any other Act or law to notice of the declaration of critical habitat or the existence of interests in or proposals affecting the land.Note—A document that contains matter that is the subject of a determination referred to in subsection (1) is an exempt document for the purposes of the Freedom of Information Act 1989.s 146: Am 2002 No 78, Sch 1 [75] [76]; 2004 No 88, Sch 1 [75].s 146, note: Ins 2002 No 78, Sch 1 [77].
146A Decision not to disclose other information
(1) The Scientific Committee may make a written recommendation to the Minister that the following matter should not be disclosed to the public:(a) information provided to the Scientific Committee relating to the location of threatened species, populations or ecological communities,(b) information provided to the Scientific Committee that may identify any individual who made a nomination under Part 2 or made a submission in respect of a nomination.(2) The Minister may, by notice in writing:(a) accept the recommendation of the Committee that the matter should not be disclosed to the public, or(b) reject the recommendation of the Scientific Committee.(3) The Minister may accept a recommendation referred to in subsection (1) (a) only if the Minister is of the opinion that the public interest requires that the matter not be disclosed.(4) The Minister may accept a recommendation referred to in subsection (1) (b) only if the Minister is of the opinion that the matter should not be disclosed:(a) in the interests of safety or welfare of the individual who might otherwise be identified, or(b) to protect that individual against intimidation, harassment or other unwarranted reprisals in connection with the nomination or submission.s 146A: Ins 2002 No 78, Sch 1 [78].
147 Restraint of breaches of Act
(1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act, whether or not any right of that person has been or may be infringed by or as a consequence of that breach.(2) Proceedings under this section may be brought by a person on the person’s own behalf or on behalf of the person and other persons (with their consent), or a body corporate or unincorporated (with the consent of its committee or other controlling or governing body), having like or common interests in those proceedings.(3) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings.(4) (Repealed)s 147: Am 2002 No 55, Sch 1.12.
148 Form of notices
Any notice or other document issued, made or given for the purposes of this Act or the regulations must be in writing, except where this Act expressly authorises another means of giving notice.
149 Service of documents
(1) Any notice or other document that is authorised or required under this Act or the regulations to be served on any person may be served:(a) personally or by post, or(b) by leaving it with a person apparently of or above the age of 16 years at, or by posting it to, the person’s place of business or, in the case of a corporation, the registered office of the corporation.(2) This section does not apply with respect to the service of documents in accordance with section 136 (Service of documents on Scientific Committee).
150 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for the carrying out or giving effect to this Act.(2) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.
151 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.
152–154 (Repealed)
ss 152–154: Rep 1999 No 85, Sch 4.
155 Repeal of Endangered Fauna (Interim Protection) Act 1991 No 66 and amending Acts
(1) The Endangered Fauna (Interim Protection) Act 1991 is repealed.(2) Section 7 of the Endangered Fauna (Interim Protection) Act 1991 has no operation and is taken never to have had any operation. This subsection applies whether or not it commences before or after 31 December 1995.(3) The following Acts are also repealed:
156 Savings, transitional and other provisions
Schedule 7 has effect.
157 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act are being fulfilled and whether the terms of the Act, and any environmental planning instruments granted biodiversity certification under Part 7, remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Threatened Species Legislation Amendment Act 2004.(3) The Minister is to make arrangements for public consultation with respect to the review.(4) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.s 157: Subst 2004 No 88, Sch 1 [76].
Schedule 1 Endangered species, populations and ecological communities
(Section 6)
Part 1 Endangered species
Animals
Vertebrates
Amphibians
Hylidae | ||
Litoria aurea (Lesson, 1829) | Green and Golden Bell Frog | |
Litoria booroolongensis (Moore, 1961) | Booroolong Frog | |
* | Litoria castanea (Steindachner, 1867) | Yellow-spotted Tree Frog |
Litoria raniformis (Keferstein, 1867) | Southern Bell Frog | |
* | Litoria spenceri Dubois, 1984 | Spotted Frog |
Litoria verreuxii alpina (Fry 1915) | Alpine Tree Frog | |
Myobatrachidae | ||
Mixophyes balbus Straughan, 1968 | Stuttering Frog | |
Mixophyes fleayi Corben & Ingram, 1987 | Fleay’s Barred Frog | |
* | Mixophyes iteratus Straughan, 1968 | Giant Barred Frog |
Neobatrachus pictus Peters, 1863 | Painted Burrowing Frog | |
Philoria kundagungan (Ingram & Corben, 1975) | Mountain Frog | |
Philoria loveridgei Parker, 1940 | Loveridge’s Frog | |
Philoria pughi Knowles, Mahony, Armstrong and Donnellan, 2004 | a frog | |
Philoria richmondensis Knowles, Mahony, Armstrong and Donnellan, 2004 | a frog | |
* | Pseudophryne corroboree Moore, 1953 | Southern Corroboree Frog |
Reptiles
Agamidae | ||
Ctenophorus decresii (Duméril and Bibron) 1837 | Tawny Crevice-dragon | |
* | Tympanocryptis lineata pinguicolla Mitchell, 1948 | South-eastern Lined Earless Dragon |
Cheloniidae | ||
* | Caretta caretta (Linnaeus, 1758) | Loggerhead Turtle |
Gekkonidae | ||
* | Diplodactylus conspicillatus Lucas and Frost (1897) | Fat-tailed Diplodactylus |
Oedura rhombifer Gray, 1845 | Zigzag Velvet Gecko | |
Pygopodidae | ||
Aprasia inaurita Kluge, 1974 | Mallee Worm-lizard | |
Delma australis Kluge, 1974 | Marble-faced Delma | |
Scincidae | ||
Anomalopus mackayi Greer & Cogger, 1985 | Five-clawed Worm-skink | |
Ctenotus pantherinus ocellifer (Peters 1866) | Leopard Ctenotus | |
Cyclodomorphus melanops elongatus (Werner, 1910) | Mallee Slender Blue-tongue Lizard | |
Cyclodomorphus venustus Shea and Miller (1995) | ||
Egernia margaretae Storr, 1968 | Centralian Ranges Rock-skink | |
* | Eulamprus leuraensis Wells & Wellington, 1984 | Water skink |
Elapidae | ||
Echiopsis curta (Schlegel 1837) | Bardick | |
Hoplocephalus bungaroides (Schlegel, 1837) | Broad-headed Snake | |
Pseudonaja modesta (Günther 1872) | Ringed Brown Snake | |
Typhlopidae | ||
Ramphotyphlops endoterus (Waite, 1918) | Interior Blind Snake | |
Birds
Megapodiidae | ||
Leipoa ocellata Gould, 1840 | Malleefowl | |
Anatidae | ||
Nettapus coromandelianus (Gmelin, 1789) | Cotton Pygmy-goose | |
Procellariidae | ||
* | Macronectes giganteus (Gmelin, 1789) | Southern Giant Petrel |
* | Pterodroma leucoptera leucoptera (Gould, 1844) | Gould’s Petrel |
Diomedeidae | ||
Diomedea exulans Linnaeus, 1758 | Wandering Albatross | |
Ciconiidae | ||
Ephippiorhynchus asiaticus (Latham, 1790) | Black-necked Stork | |
Accipitridae | ||
Erythrotriorchis radiatus (Latham, 1801) | Red Goshawk | |
Rallidae | ||
Gallirallus sylvestris (Sclater, 1869) | Lord Howe Woodhen | |
Otididae | ||
Ardeotis australis (Gray, 1829) | Australian Bustard | |
Turnicidae | ||
Turnix melanogaster (Gould, 1837) | Black-breasted Button-quail | |
Pedionomidae | ||
Pedionomus torquatus Gould, 1841 | Plains-wanderer | |
Rostratulidae | ||
* | Rostratula benghalensis australis (Gould, 1838) | Painted Snipe (Australian subspecies) |
Burhinidae | ||
Burhinus grallarius (Latham, 1801) | Bush Stone-curlew | |
Esacus neglectus Mathews, 1912 | Beach Stone-curlew | |
Charadriidae | ||
Thinornis rubricollis (Gmelin, 1789) | Hooded Plover | |
Laridae | ||
Sterna albifrons Pallas, 1764 | Little Tern | |
Columbidae | ||
Phaps histrionica (Gould, 1841) | Flock Bronzewing | |
Geophaps scripta (Temminck, 1821) | Squatter Pigeon | |
Psittacidae | ||
* | Cyclopsitta diophthalma coxeni (Hombron & Jacquinot, 1841) | Double-eyed Fig-parrot |
* | Lathamus discolor (Shaw, 1790) | Swift Parrot |
Neophema chrysogaster (Latham 1790) | Orange-bellied Parrot | |
Polytelis anthopeplus monarchoides (Schodde, 1993) | Regent Parrot (eastern subspecies) | |
Maluridae | ||
Amytornis barbatus barbatus, Favaloro & McEvey, 1968 | Grey Grasswren | |
Amytornis textilis modestus (North, 1902) | Thick-billed Grasswren (eastern subspecies) | |
Pardalotidae | ||
* | Dasyornis brachypterus (Latham, 1801) | Eastern Bristlebird |
Meliphagidae | ||
* | Xanthomyza phrygia (Shaw, 1794) | Regent Honeyeater |
* | Manorina melanotis (Wilson, 1911) | Black-eared Miner |
Pachycephalidae | ||
Pachycephala rufogularis Gould, 1841 | Red-lored Whistler | |
Passeridae | ||
Poephila cincta cincta (Gould, 1837) | Black-throated Finch (southern subspecies) | |
Mammals
Dasyuridae | ||
Dasyurus viverrinus (Shaw, 1800) | Eastern Quoll | |
Antechinomys laniger (Gould, 1856) | Kultarr | |
Peramelidae | ||
Isoodon obesulus obesulus (Shaw, 1797) | Southern Brown Bandicoot (eastern) | |
Vombatidae | ||
Lasiorhinus latifrons (Owen, 1845) | Southern Hairy-nosed Wombat | |
Burramyidae | ||
Burramys parvus Broom, 1896 | Mountain Pygmy-possum | |
Cercartetus concinnus (Gould, 1845) | Western Pygmy Possum | |
Potoroidae | ||
* | Potorous longipes Seebeck & Johnston, 1980 | Long-footed Potoroo |
Macropodidae | ||
Macropus dorsalis (Gray, 1837) | Black-striped Wallaby | |
* | Petrogale penicillata (Gray, 1825) | Brush-tailed Rock-wallaby |
Petrogale xanthopus Gray, 1855 | Yellow-footed Rock-wallaby | |
Molossidae | ||
Mormopterus“Species 6” | Hairy-nosed Freetail Bat | |
Muridae | ||
* | Notomys fuscus (Jones, 1925) | Dusky Hopping-mouse |
Pseudomys apodemoides Finlayson, 1932 | Silky Mouse | |
Pseudomys bolami Troughton, 1932 | Bolam’s Mouse | |
Pseudomys delicatulus (Gould, 1842) | Delicate Mouse | |
* | Pseudomys fumeus Brazenor, 1934 | Smoky Mouse |
* | Pseudomys oralis Thomas, 1921 | Hastings River Mouse |
Marine mammals
Dugongidae | ||
Dugong dugon (Müller, 1776) | Dugong | |
Balaenopteridae | ||
* | Balaenoptera musculus (Linnaeus, 1758) | Blue Whale |
Invertebrates
Annelida
Oligochaeta
Opisthopera
Megascolecidae | ||
Pericryptodrilus nanus Jamieson 1977 | ||
Molluscs
Bulimulidae | ||
Placostylus bivaricosus (Gaskoin, 1855) | a land snail | |
Camaenidae | ||
Meridolum corneovirens (Pffeiffer, 1851) | a land snail | |
Thersites mitchellae (Cox, 1864) | a land snail | |
Arthropoda
Insecta
Blattodea
Blaberidae | ||
Panesthia lata Walker 1868 | Lord Howe Island wood-feeding cockroach | |
Coleoptera
Carabidae | ||
Nurus atlas Castelnau, 1867 | ||
Nurus brevis Motschulsky, 1865 | ||
Lepidoptera
Castniidae | ||
Synemon plana Walker, 1854 | The Golden Sun Moth | |
Hesperiidae | ||
Ocybadistes knightorum (Lambkin & Donaldson, 1994) | Black Grass-dart Butterfly | |
Nymphalidae | ||
Argyreus hyperbius (Linnaeus, 1763) | Laced Fritillary or Australian Fritillary | |
Lycaenidae | ||
Paralucia spinifera Edwards and Common, 1978 | The Bathurst Copper Butterfly | |
Noctuidae | ||
* | Phyllodes imperialis Druce (ANIC 3333) southern subspecies | |
Odonata
Petaluridae | ||
Petalura gigantea (Leach, 1815) | Giant Dragonfly | |
Phasmatodea
Phasmatidae | ||
Dryococelus australis Montrouzier, 1855 | Lord Howe Island Phasmid | |
Fungi
Basidiomycota
Hygrophoraceae | |
Camarophyllopsis kearneyi A.M. Young | |
Hygrocybe austropratensis A.M. Young | |
Hygrocybe collucera A.M.Young, R Kearney & E. Kearney | |
Hygrocybe griseoramosa A.M.Young, R Kearney & E. Kearney | |
Hygrocybe lanecovensis A.M. Young | |
Alga
Charophyta
Characeae | |
Nitella partita Nordst. | |
Plants
Acanthaceae | |
Calophanoides hygrophiloides (F. Muell.) R. Barker | |
Dipteracanthus australasicus subsp. corynothecus (F. Muell. ex Benth.) R. Barker | |
* | Isoglossa eranthemoides (F. Muell.) R. Barker |
Xerothamnella parvifolia C. White | |
Anthericaceae | |
Caesia parviflora var. minor R.J.F. Hend. | |
Apiaceae | |
* | Gingidia montana (Forster & Forster f.) J. Wyndham Dawson |
* | Trachymene saniculifolia Stapf |
Apocynaceae | |
* | Ochrosia moorei (F. Muell.) F. Muell. ex Benth. |
Aponogetonaceae | |
Aponogeton queenslandicus H. Bruggen | |
Araceae | |
Typhonium sp. aff. brownii (A.G. Floyd 11/3/1958 North Coast Regional Botanic Garden Herbarium 585) | |
Araliaceae | |
Astrotricha cordata A. Bean | |
* | Astrotricha roddii Makinson |
Araucariaceae | |
* | Wollemia nobilis W. Jones, K. Hill & J. Allen |
Asclepiadaceae | |
* | Cynanchum elegans (Benth.) Domin |
Marsdenia longiloba Benth. | |
* | Tylophora linearis P. Forster |
* | Tylophora woollsii Benth. |
Asteraceae | |
Brachyscome ascendens G.L. Davis | |
* | Calotis moorei P. Short |
Calotis pubescens N.G. Walsh & K.L. McDougall ms | |
Cratystylis conocephala (F. Muell.) S. Moore | |
Erodiophyllum elderi F. Muell. | |
Kippistia suaedifolia F. Muell. | |
Leptorhynchos orientalis Paul G. Wilson | |
Leptorhynchos waitzia Sonder | |
* | Olearia flocktoniae Maiden & E. Betche |
* | Rutidosis leptorrhynchoides F. Muell. |
Senecio linearifolius var. dangarensis Belcher ex I. Thomps. | |
Senecio spathulatus A. Rich. | |
Senecio squarrosus A. Rich. | |
Brassicaceae | |
Irenepharsus magicus Hewson | |
* | Irenepharsus trypherus Hewson |
* | Lepidium hyssopifolium Desv. |
* | Lepidium monoplocoides F. Muell. |
Lepidium peregrinum Thell. | |
Lepidium pseudopapillosum Thell. | |
Campanulaceae | |
Wahlenbergia scopulicola Carolin ex P.J. Smith | |
Capparaceae | |
Capparis canescens Banks ex DC. | |
Capparis loranthifolia Lindley var. loranthifolia | |
Caryophyllaceae | |
Polycarpaea spirostylis subsp. glabra (C. White & Francis) Pedley | |
Casuarinaceae | |
* | Allocasuarina defungens L. Johnson |
* | Allocasuarina glareicola L. Johnson |
* | Allocasuarina portuensis L. Johnson |
Casuarina obesa Miq. | |
Celastraceae | |
* | Apatophyllum constablei McGillivray |
Chenopodiaceae | |
Atriplex sturtii S. Jacobs | |
Dysphania platycarpa Paul G. Wilson | |
Dysphania plantaginella F. Muell. | |
Osteocarpum scleropterum (F. Muell.) Volkens | |
* | Sclerolaena napiformis Paul G. Wilson |
Threlkeldia inchoata (J. Black) J. Black | |
Convolvulaceae | |
Calystegia affinis Endl. | |
Convolvulus tedmoorei R.W. Johnson | |
Ipomoea diamantinensis J. Black | |
Ipomoea polymorpha Roemer & Schultes | |
Wilsonia rotundifolia Hook. | |
Cupressaceae | |
Callitris baileyi C. White | |
Cyperaceae | |
Carex archeri Boott | |
Carex klaphakei K.L. Wilson | |
Carex raleighii Nelmes | |
Cyperus aquatilis R. Br. | |
Cyperus conicus (R. Br.) Boeck | |
Cyperus semifertilis S.T. Blake | |
Eleocharis tetraquetra Nees | |
Davalliaceae | |
Arthropteris palisotii (Desv.) Alston | |
Davidsoniaceae | |
* | Davidsonia jerseyana (F. Muell. ex F.M. Bailey) G. Harden & J.B. Williams |
* | Davidsonia johnsonii J.B. Williams & G. Harden |
Dilleniaceae | |
Hibbertia hexandra C. White | |
Hibbertia procumbens (Labill.) DC. | |
Hibbertia puberula Toelken | |
Hibbertia superans Toelken | |
Hibbertia tenuifolia Toelken | |
Droseraceae | |
Aldrovanda vesiculosa L. | |
Dryopteridaceae | |
Lastreopsis hispida (Sw.) Tind. | |
Polystichum moorei H. Christ | |
Ebenaceae | |
* | Diospyros mabacea (F. Muell.) F. Muell. |
Diospyros major var. ebenus (Sprengel) Bakh. | |
Elaeocarpaceae | |
* | Elaeocarpus sp. Rocky Creek (G. Read AQ 562114) |
* | Elaeocarpus williamsianus Guymer |
Epacridaceae | |
* | Epacris hamiltonii Maiden & E. Betche |
* | Leucopogon confertus Benth. |
Leucopogon fletcheri subsp. fletcheri Maiden & E. Betche | |
* | Melichrus hirsutus J.B. Williams ms |
* | Melichrus sp. Gibberagee (A.S. Benwell & J.B. Williams 97239) |
Monotoca rotundifolia J.H. Willis | |
Eriocaulaceae | |
Eriocaulon australasicum (F. Muell.) Korn. | |
* | Eriocaulon carsonii F. Muell. |
Euphorbiaceae | |
Acalypha eremorum Muell. Arg. | |
* | Bertya ingramii T. James |
Chamaesyce psammogeton (P.S. Green) P.I. Foster and R.J. Henderson | |
Euphorbia sarcostemmoides J.H. Willis | |
* | Fontainea oraria Jessup & Guymer |
Monotaxis macrophylla Benth. | |
Phyllanthus maderaspatanus L. | |
Phyllanthus microcladus Muell. Arg. | |
Pseudanthus ovalifolius F. Muell. | |
Fabaceae | |
Acacia acanthoclada F. Muell. | |
Acacia acrionastes Pedley | |
Acacia atrox Kodela ms | |
Acacia bynoeana Benth. | |
Acacia chrysotricha Tind | |
* | Acacia gordonii (Tind.) Pedley |
Acacia jucunda Maiden & Blakely | |
Acacia macnuttiana Maiden & Blakely | |
Acacia notabilis F. Muell. | |
Acacia petraea Pedley | |
Acacia pubifolia Pedley | |
Acacia rivalis J. Black | |
* | Acacia ruppii Maiden & E. Betche |
* | Acacia terminalis (Salisb.) J.F. Macbr. subsp. terminalis |
Almaleea cambagei (Maiden & E. Betche) Crisp & P. Weston | |
Caesalpinia bonduc (L.) Roxb. | |
Carmichaelia exsul F. Muell. | |
Cassia brewsteri var. marksiana Bailey | |
Crotalaria cunninghamii R. Br. | |
* | Cullen parvum (F. Muell.) J.W. Grimes |
Desmodium campylocaulon F. Muell. | |
Dillwynia glaucula Jobson & P.H. Weston | |
Indigofera baileyi F. Muell. | |
* | Indigofera efoliata F. Muell. |
Indigofera helmsii Peter G. Wilson | |
Indigofera leucotricha E. Pritzel | |
Indigofera longibractea J. Black | |
Pultenaea sp. Genowlan Point (NSW 417813) | |
Pultenaea sp. Olinda (R.G. Coveny 6616) | |
* | Pultenaea parrisiae subsp. elusa J.D. Briggs & Crisp |
Pultenaea parviflora Sieber ex DC. | |
Pultenaea pedunculata Hook | |
Senna acclinis (F. Muell.) Randell | |
Sophora tomentosa L. | |
Swainsona adenophylla J. Black | |
Swainsona colutoides F. Muell. | |
Swainsona flavicarinata J. Black | |
* | Swainsona recta A. Lee |
Swainsona viridis J. Black | |
Flacourtiaceae | |
Xylosma parvifolium Jessup | |
Xylosma terrae-reginae C. White & Sleumer | |
Gentianaceae | |
* | Gentiana baeuerlenii L. Adams |
* | Gentiana bredboensis L. Adams |
* | Gentiana wingecarribiensis L. Adams |
Goodeniaceae | |
Goodenia occidentalis Carolin | |
Goodenia sp. ‘Nocoleche’ (JLP 210) | |
Scaevola collaris F. Muell. | |
Grammitaceae | |
Grammitis stenophylla B.S. Parris | |
Gyrostemonaceae | |
Gyrostemon thesioides (Hook. f.) A.S. George | |
Haloragaceae | |
* | Haloragodendron lucasii (Maiden & E. Betche) Orch. |
Lamiaceae | |
Plectranthus alloplectus S.T. Blake | |
* | Plectranthus nitidus P. Forst. |
* | Prostanthera askania B.J. Conn (formerly known as Prostanthera sp. Strickland State Forest (J.H. Maiden s.n., 07/1915)) |
* | Prostanthera junonis B.J. Conn |
* | Westringia kydrensis Conn |
Lauraceae | |
* | Endiandra floydii B. Hyland |
Endiandra muelleri subsp. bracteata B. Hyland | |
Lindsaeaceae | |
Lindsaea brachypoda (Baker) Salomon | |
Lindsaea fraseri Hook. | |
Lindsaea incisa Prent. | |
Lobeliaceae | |
* | Hypsela sessiliflora F. Wimmer |
Loganiaceae | |
Geniostoma huttoni B.J. Conn | |
Mitrasacme pygmaea R. Br. | |
Loranthaceae | |
* | Amyema scandens (Tieghem) Danser |
Muellerina myrtifolia (Cunn. ex Benth.) Barlow | |
Malvaceae | |
Commersonia rosea S.A.J. Bell & L.M. Copel. | |
Sida rohlenae Domin | |
Marattiaceae | |
Angiopteris evecta Hoffm. | |
Marsileaceae | |
Pilularia novae-hollandiae A. Braun | |
Menispermaceae | |
Tinospora smilacina Benth. | |
Monimiaceae | |
* | Daphnandra sp. C Illawarra (R. Schodde 3475) |
Myrsinaceae | |
* | Rapanea sp. A Richmond River (J.H. Maiden & J.L. Boorman NSW 26751) |
Myrtaceae | |
Angophora exul K.D. Hill | |
* | Austromyrtus fragrantissima (F. Muell. ex Benth.) Burret |
Babingtonia prominens A.R. Bean | |
Babingtonia silvestris A.R. Bean | |
Baeckea kandos A.R. Bean | |
Choricarpia subargentea (C. White) L. Johnson | |
Eucalyptus approximans Maiden | |
Eucalyptus camphora subsp. relicta L. Johnson & K. Hill | |
Eucalyptus castrensis K.D. Hill | |
* | Eucalyptus copulans L. Johnson & K. Hill |
* | Eucalyptus imlayensis Crisp & Brooker |
Eucalyptus magnificata L. Johnson & K. Hill | |
Eucalyptus microcodon L. Johnson & K. Hill | |
* | Eucalyptus pachycalyx subsp. banyabba K.D. Hill |
* | Eucalyptus recurva Crisp |
Eucalyptus saxatilis Kirkpatr. & Brooker | |
Eucalyptus saxicola J.T. Hunter | |
Eucalyptus scoparia Maiden | |
Eucalyptus sp. Cattai (NSW 318983) | |
* | Eucalyptus sp. Howes Swamp Creek (M. Doherty 19/7/85, NSW 207054) |
Homoranthus binghiensis J.T. Hunter | |
Homoranthus bornhardtiensis J.T. Hunter | |
Homoranthus croftianus J.T. Hunter | |
Melaleuca tamariscina subsp. irbyana (R. Baker) Barlow | |
* | Micromyrtus grandis J.T. Hunter |
Micromyrtus minutiflora (F. Muell.) Benth. | |
* | Triplarina imbricata (Sm.) A.R. Bean |
* | Triplarina nowraensis A.R. Bean |
* | Uromyrtus australis A.J. Scott |
Orchidaceae | |
* | Caladenia arenaria Fitzg. |
Caladenia concolor Fitzg. | |
Caladenia tessellata Fitzg. | |
Chiloglottis anaticeps D.L. Jones | |
Dendrobium melaleucaphilum M.A. Clem. & D.L. Jones | |
Diuris aequalis F. Muell. ex Fitzg. | |
Diuris arenaria D.L. Jones | |
* | Diuris bracteata Fitzg. |
Diuris disposita D.L. Jones | |
Diuris flavescens D.L. Jones | |
* | Diuris ochroma D.L. Jones |
* | Diuris pedunculata R. Br. |
Diuris sp. aff. chrysantha (Byron Bay) (D.L. Jones ORG 2761) | |
Diuris sp. (Oaklands, D.L. Jones 5380) | |
Genoplesium insignis D.L. Jones | |
* | Genoplesium plumosum (Rupp) D.L. Jones & M.A. Clem. |
* | Genoplesium rhyoliticum D.L. Jones & M.A. Clem. |
Geodorum densiflorum (Lam.) Schltr. | |
* | Microtis angusii D.L. Jones |
Oberonia complanata (A. Cunn.) M.A. Clem. & D.L. Jones | |
* | Phaius australis F. Muell. |
* | Phaius tankarvilleae (Banks ex L’Her.) Blume |
* | Prasophyllum affine Lindl. |
Prasophyllum bagoensis D.L. Jones | |
* | Prasophyllum petilum D.L. Jones & R.J. Bates |
Prasophyllum sp. Majors Creek (Jones 11084) | |
* | Prasophyllum uroglossum Rupp |
* | Pterostylis gibbosa R. Br. |
Pterostylis metcalfei D.L. Jones | |
* | Pterostylis saxicola D.L. Jones & M.A. Clem. |
* | Pterostylis sp. Botany Bay (A. Bishop J221/1-13) |
Sarcochilus dilatatus F. Muell. | |
Platyzomataceae | |
Platyzoma microphyllum R. Br. | |
Poaceae | |
Alexfloydia repens B.K. Simon | |
Austrostipa nullanulla (J. Everett & S.W.L. Jacobs) S.W.L. Jacobs & J. Everett | |
* | Austrostipa wakoolica (Vickery, S.W.L. Jacobs & J. Everett) S.W.L. Jacobs & J. Everett |
* | Deyeuxia appressa Vickery |
* | Digitaria porrecta S.T. Blake |
Distichlis distichophylla (Labill.) Fassett | |
Elyonurus citreus (R. Br.) Munro ex Benth. | |
Plinthanthesis rodwayi (C.E. Hubb) S.T. Blake | |
Podocarpaceae | |
* | Microstrobos fitzgeraldii (F. Muell.) J. Garden & L. Johnson |
Polygalaceae | |
Polygala linariifolia Willd. | |
Polypodiaceae | |
Belvisia mucronata (Fée) Copel. | |
Drynaria rigidula (Sw.) Beddome | |
Primulaceae | |
Lysimachia vulgaris var. davurica (Ledeb.) Knuth | |
Proteaceae | |
Eidothea sp. “Nightcap Range” (P.H. Weston 2469) | |
* | Grevillea acanthifolia subsp. paludosa Makinson & Albrecht |
* | Grevillea beadleana McGillivray |
* | Grevillea caleyi R. Br. |
Grevillea divaricata R. Br. | |
* | Grevillea guthrieana P. Olde & N. Marriott |
Grevillea hilliana F. Muell. | |
* | Grevillea iaspicula McGillivray |
* | Grevillea masonii P. Olde & N. Marriott |
* | Grevillea mollis P. Olde & Molyneux |
* | Grevillea obtusiflora R. Br. |
Grevillea parviflora subsp. supplicans R.O. Makinson ms | |
Grevillea renwickiana F. Muell. | |
* | Grevillea rivularis L. Johnson & McGillivray |
* | Grevillea wilkinsonii R. Makinson |
* | Hakea dohertyi Haegi |
* | Hakea pulvinifera L. Johnson |
Persoonia bargoensis P.H. Weston & L.A.S. Johnson | |
Persoonia glaucescens Sieber ex Spreng. | |
Persoonia hindii P.H. Weston & L.A.S. Johnson | |
* | Persoonia hirsuta Pers. |
* | Persoonia mollis subsp. maxima Krauss & L. Johnson |
* | Persoonia nutans R. Br. |
Persoonia pauciflora P.H. Weston | |
Psilotaceae | |
Psilotum complanatum Sw. | |
Rhamnaceae | |
Pomaderris adnata N.G. Walsh & F. Coates | |
* | Pomaderris cotoneaster Wakef. |
Pomaderris delicata N.G. Walsh & F. Coates | |
Pomaderris elachophylla F. Muell. | |
Pomaderris queenslandica C. White | |
Pomaderris reperta N.G. Walsh & F. Coates | |
Pomaderris sericea Wakef. | |
Rubiaceae | |
Coprosma inopinata I. Hutton & P.S. Green | |
Dentella minutissima C. White & Francis | |
Galium australe DC. | |
Hedyotis galioides F. Muell. | |
* | Randia moorei F. Muell. ex Benth. |
Tarenna cameronii (C.T. White) Ali & Robbr. | |
Rutaceae | |
* | Acronychia littoralis T. Hartley & J. Williams |
Asterolasia buxifolia Benth. | |
* | Asterolasia elegans McDougall & Porteners |
Asterolasia sp. “Dungowan Creek” (Beckers s.n. 25 Oct. 1995) | |
Boronia boliviensis ms | |
Boronia hapalophylla Duretto, F.J. Edwards & P.G. Edwards | |
* | Boronia repanda (F. Muell. ex E. Betche) Maiden & E. Betche |
Boronia ruppii Cheel sensu stricto | |
* | Correa lawrenciana var. genoensis Paul G. Wilson |
Geijera paniculata (F. Muell.) Druce | |
* | Leionema lachnaeoides (A. Cunn.) Paul G. Wilson |
Melicope vitiflora (F. Muell.) T. Hartley | |
Phebalium bifidum P.H. Weston & M. Turton | |
Phebalium glandulosum subsp. eglandulosum (Blakely) Paul G. Wilson | |
Philotheca myoporoides subsp. obovatifolia M.J. Bayly | |
Zieria adenodonta (F. Muell.) J.A. Armstrong ms | |
* | Zieria adenophora Blakely |
* | Zieria baeuerlenii J.A. Armstrong ms |
* | Zieria buxijugum J. Briggs & J.A. Armstrong ms |
Zieria citriodora J.A. Armstrong ms | |
* | Zieria covenyi J.A. Armstrong ms |
* | Zieria floydii J.A. Armstrong ms |
* | Zieria formosa J. Briggs & J.A. Armstrong ms |
* | Zieria granulata (F. Muell.) C. Moore ex Benth. |
* | Zieria ingramii J.A. Armstrong ms |
Zieria involucrata R. Br. ex Benth. | |
* | Zieria lasiocaulis J.A. Armstrong ms |
* | Zieria obcordata Cunn. |
* | Zieria parrisiae J. Briggs & J.A. Armstrong ms |
* | Zieria prostrata J.A. Armstrong ms |
Santalaceae | |
Santalum murrayanum (Mitchell) Gardner | |
Sapindaceae | |
Cupaniopsis serrata (F. Muell.) Radlk. | |
* | Diploglottis campbellii Cheel |
Dodonaea microzyga F. Muell. var. microzyga | |
Dodonaea sinuolata subsp. acrodentata J. West | |
Dodonaea stenozyga F. Muell. | |
Sapotaceae | |
Niemeyera chartacea (Bailey) C. White | |
Scrophulariaceae | |
Centranthera cochinchinensis (Lour.) Merr. | |
* | Euphrasia collina subsp. muelleri (Wettst.) W.R. Barker |
Euphrasia orthocheila subsp. peraspera W.R. Barker | |
Euphrasia scabra R. Br. | |
Lindernia alsinoides R. Br. | |
Simaroubaceae | |
* | Quassia sp. Mooney Creek (J. King s.n., 1949) |
Sinopteridaceae | |
Cheilanthes sieberi subsp. pseudovellea H. Quirk & T.C. Chambers | |
Solanaceae | |
Solanum amourense A.R. Bean | |
Solanum celatum A.R. Bean | |
Solanum limitare A.R. Bean | |
Stackhousiaceae | |
Stackhousia clementii Domin | |
Sterculiaceae | |
Lasiopetalum behrii F. Muell. | |
* | Rulingia prostrata Maiden & Betche |
Thymelaeaceae | |
Pimelea elongata Threlfall | |
Pimelea serpyllifolia R. Br. subsp. serpyllifolia | |
* | Pimelea spicata R. Br. |
* | Pimelea venosa Threlfall |
Tiliaceae | |
* | Corchorus cunninghamii F. Muell. |
Urticaceae | |
Dendrocnide moroides (Wedd.) Chew | |
Violaceae | |
Viola cleistogamoides (L. Adams) Seppelt | |
Zamiaceae | |
Macrozamia humilis D.L. Jones | |
Macrozamia johnsonii D.L. Jones & K. Hill | |
Zannichelliaceae | |
Zannichellia palustris L. | |
Part 2 Endangered populations
Animals
Vertebrates
Amphibians
Myobatrachidae | ||
Adelotus brevis (Gunther 1863) | Tusked Frog population in the Nandewar and New England Tablelands Bioregions | |
Birds
Casuariidae | ||
Dromaius novaehollandiae | Emu population in the New South Wales North Coast Bioregion and Port Stephens local government area | |
Megapodiidae | ||
Alectura lathami Gray, 1831 | Australian Brush-turkey population in the Nandewar and Brigalow Belt South Bioregions | |
Cacatuidae | ||
Callocephalon fimbriatum (Grant) | Gang-gang Cockatoo population in the Hornsby and Ku-ring-gai Local Government Areas | |
Calyptorhynchus lathami (Temminck, 1807) | Glossy Black-Cockatoo, Riverina population | |
Spheniscidae | ||
Eudyptula minor (Forster, 1781) | Little Penguin in the Manly Point Area (being the area on and near the shoreline from Cannae Point generally northward to the point near the intersection of Stuart Street and Oyama Cove Avenue, and extending 100 metres offshore from that shoreline) | |
Climacteridae | ||
Climacteris affinis Blyth, 1864 | White-browed Treecreeper population in Carrathool local government area south of the Lachlan River and Griffith local government area | |
Mammals
Macropodidae | ||
Muridae | ||
Mastacomys fuscus Thomas, 1882 | Broad-toothed Rat at Barrington Tops in the local government areas of Gloucester, Scone and Dungog | |
Peramelidae | ||
Perameles nasuta Geoffroy, 1804 | Long-nosed Bandicoot, North Head | |
Petauridae | ||
Petaurus nofolcensis (Kerr 1792) | Squirrel Glider in the Wagga Wagga Local Government Area | |
Petaurus norfolcensis (Kerr, 1792) | Squirrel Glider on Barrenjoey Peninsula, north of Bushrangers Hill | |
Phascolarctidae | ||
Phascolarctos cinereus (Goldfuss, 1817) | Koala, Hawks Nest and Tea Gardens population | |
Phascolarctos cinereus (Goldfuss, 1817) | Koala in the Pittwater Local Government Area | |
Potoroidae | ||
Potorous tridactylus (Kerr 1792) | Long-nosed Potoroo, Cobakai Lakes and Tweed Heads West population | |
Invertebrates
Arthropoda
Coleoptera
Chrysomelidae | ||
Menippus fugitivus | Menippus fugitivus population in the Sutherland Shire | |
Plants
Asclepiadaceae | ||
Marsdenia viridiflora R. Br. subsp. viridiflora | Marsdenia viridiflora R. Br. subsp. viridiflora population in the Bankstown, Blacktown, Camden, Campbelltown, Fairfield, Holroyd, Liverpool and Penrith local government areas | |
Campanulaceae | ||
Wahlenbergia multicaulis Benth. | Tadgell’s Bluebell in the local government areas of Auburn, Bankstown, Baulkham Hills, Canterbury, Hornsby, Parramatta and Strathfield | |
Cupressaceae | ||
Callitris endlicheri (Parl.) Bailey | Black Cypress Pine, Woronora Plateau population | |
Fabaceae | ||
Acacia pendula A. Cunn. ex G. Don | Acacia pendula population in the Hunter catchment | |
Acacia prominens Cunn. ex Don | Gosford Wattle, Hurstville and Kogarah Local Government Areas | |
Chorizema parviflorum Benth. | Chorizema parviflorum Benth. in the Wollongong and Shellharbour Local Government Areas | |
Dillwynia tenuifolia Sieber ex D.C. | Dillwynia tenuifolia, Kemps Creek | |
Dillwynia tenuifolia Sieber ex D.C. | Dillwynia tenuifolia Sieber ex D.C. in the Baulkham Hills local government area | |
Glycine clandestina (broad leaf form) (Pullen 13342) | Glycine clandestina (broad leaf form) in the Nambucca Local Government Area | |
Lespedeza juncea subsp. sericea (Thunb.) Steenis | Lespedeza juncea subsp. sericea in the Wollongong Local Government Area | |
Pultenaea villifera Sieber ex DC. | Pultenaea villifera Sieber ex DC. population in the Blue Mountains local government area | |
Myrtaceae | ||
Darwinia fascicularis subsp. oligantha | Darwinia fascicularis subsp. oligantha population in the Baulkham Hills and Hornsby Local Government Areas | |
Eucalyptus camaldulensis Dehnh. | Eucalyptus camaldulensis population in the Hunter catchment | |
Eucalyptus oblonga Blakely | Eucalyptus oblonga population at Bateau Bay in the Wyong local government area | |
Eucalyptus parramattensis C. Hall. subsp. parramattensis | Eucalyptus parramattensis C. Hall. subsp. parramattensis in Wyong and Lake Macquarie local government areas | |
Eucalyptus seeana | Eucalyptus seeana population in the Greater Taree local government area | |
Rhamnaceae | ||
Pomaderris prunifolia Fenzl | P. prunifolia in the Parramatta, Auburn, Strathfield and Bankstown Local Government Areas | |
Rutaceae | ||
Zieria smithii Jackson | Low growing form of Z. smithii, Diggers Head | |
Sterculiaceae | ||
Keraudrenia corrolata var. denticulata (Steetz) Druce | Keraudrenia corrolata var. denticulata in the Hawkesbury Local Government Area | |
Part 3 Endangered ecological communities
Acacia loderi Shrublands (as described in the final determination of the Scientific Committee to list the ecological community) | |
Agnes Banks Woodland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Artesian Springs Ecological Community (as described in the final determination of the Scientific Committee to list the ecological community) | |
Bangalay Sand Forest of the Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Bega Dry Grass Forest in the South East Corner Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Ben Halls Gap National Park Sphagnum Moss Cool Temperate Rainforest (as described in the final determination of the Scientific Committee to list the ecological community) | |
Blue gum High Forest (as described in the final determination of the Scientific Committee to list the ecological community) | |
Blue Mountains Shale Cap Forest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Brigalow within the Brigalow Belt South, Nandewar and Darling Riverine Plains Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Brigalow-Gidgee woodland/shrubland in the Mulga Lands and Darling Riverine Plains Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Brogo Wet Vine Forest in the South East Corner Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Byron Bay Dwarf Graminoid Clay Heath Community (as described in the final determination of the Scientific Committee to list the ecological community) | |
Cadellia pentastylis (Ooline) community in the Nandewar and Brigalow Belt South bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Candelo Dry Grass Forest in the South East Corner Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Carbeen Open Forest community in the Darling Riverine Plains and Brigalow Belt South Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Castlereagh Swamp Woodland Community (as described in the final determination of the Scientific Committee to list the ecological community) | |
Coastal Saltmarsh in the New South Wales North Coast, Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Cooks River/Castlereagh Ironbark Forest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Coolibah-Black Box Woodland of the northern riverine plains in the Darling Riverine Plains and Brigalow Belt South bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
* | Cumberland Plain Woodland (as described in the final determination of the Scientific Committee to list the ecological community) |
Dry Rainforest of the South East Forests in the South East Corner Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Duffys Forest Ecological Community in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
* | Eastern Suburbs Banksia Scrub in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) |
Elderslie Banksia Scrub Forest (as described in the final determination of the Scientific Committee to list the ecological community) | |
Freshwater Wetlands on Coastal Floodplains of the New South Wales North Coast, Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Fuzzy Box Woodland on alluvial soils of the South Western Slopes, Darling Riverine Plains and Brigalow Belt South Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Genowlan Point Allocasuarina nana heathland (as described in the final determination of the Scientific Committee to list the ecological community) | |
Halosarcia lylei low open-shrubland in the Murray Darling Depression Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Howell Shrublands in the Northern Tablelands and Nandewar Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Hunter Lowland Redgum Forest in the Sydney Basin and New South Wales North Coast Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Hygrocybeae Community of Lane Cove Bushland Park (as described in the final determination of the Scientific Committee to list the ecological community) | |
Illawarra Lowlands Grassy Woodland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Illawarra Subtropical Rainforest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Kurnell Dune Forest in the Sutherland Shire and City of Rockdale (as described in the final determination of the Scientific Committee to list the ecological community) | |
Kurri Sand Swamp Woodland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Lagunaria Swamp Forest on Lord Howe Island (as described in the final determination of the Scientific Committee to list the ecological community) | |
Littoral Rainforest in the New South Wales North Coast, Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Low woodland with heathland on indurated sand at Norah Head (as described in the final determination of the Scientific Committee to list the ecological community) | |
Lower Hunter Spotted Gum—Ironbark Forest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Lowland Rainforest on Floodplain in the New South Wales North Coast Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Maroota Sands Swamp Forest (as described in the final determination of the Scientific Committee to list the ecological community) | |
McKies Stringybark/Blackbutt Open Forest in the Nandewar and New England Tableland Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Melaleuca armillaris Tall Shrubland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Milton Ulladulla Subtropical Rainforest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Moist Shale Woodland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Montane Peatlands and Swamps of the New England Tableland, NSW North Coast, Sydney Basin, South East Corner, South Eastern Highlands and Australian Alps bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Mt Canobolas Xanthoparmelia Lichen Community (as described in the final determination of the Scientific Committee to list the ecological community) | |
Mount Gibraltar Forest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Myall Woodland in the Darling Riverine Plains, Brigalow Belt South, Cobar Peneplain, Murray-Darling Depression, Riverina and NSW South Western Slopes bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Native Vegetation on Cracking Clay Soils of the Liverpool Plains (as described in the final determination of the Scientific Committee to list the ecological community) | |
New England Peppermint (Eucalyptus nova-anglica) Woodland on Basalts and Sediments in the New England Tableland Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Newnes Plateau Shrub Swamp in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
O’Hares Creek Shale Forest (as described in the final determination of the Scientific Committee to list the ecological community) | |
Pittwater Spotted Gum Forest (as described in the final determination of the Scientific Committee to list the ecological community) | |
Quorrobolong Scribbly Gum Woodland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Ribbon Gum—Mountain Gum—Snow Gum Grassy Forest/Woodland of the New England Tableland Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
River-Flat Eucalypt Forest on Coastal Floodplains of the New South Wales North Coast, Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Robertson Basalt Tall Open-forest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Robertson Rainforest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Semi-evergreen Vine Thicket in the Brigalow Belt South and Nandewar Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Shale Gravel Transition Forest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Shale/Sandstone Transition Forest (as described in the final determination of the Scientific Committee to list the ecological community) | |
Southern Highlands Shale Woodlands in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Subtropical Coastal Floodplain Forest of the New South Wales North Coast Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Sun Valley Cabbage Gum Forest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Swamp Oak Floodplain Forest of the New South Wales North Coast, Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Swamp Sclerophyll Forest on Coastal Floodplains of the New South Wales North Coast, Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Sydney Freshwater Wetlands in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Sydney Turpentine-Ironbark Forest (as described in the final determination of the Scientific Committee to list the ecological community) | |
The Shorebird community occurring on the relict tidal delta sands at Taren Point (as described in the final determination of the Scientific Committee to list the ecological community) | |
Themeda grassland on seacliffs and coastal headlands in the NSW North Coast, Sydney Basin and South East Corner Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) | |
Umina Coastal Sandplain Woodland in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Upland Wetlands of the Drainage Divide of the New England Tableland Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Warkworth Sands Woodland of the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
Western Sydney Dry Rainforest in the Sydney Basin Bioregion (as described in the final determination of the Scientific Committee to list the ecological community) | |
White Box Yellow Box Blakely’s Red Gum Woodland (as described in the final determination of the Scientific Committee to list the ecological community) |
Part 4 Species presumed extinct
Animals
Vertebrates
Reptiles
Elapidae | ||
Oxyuranus microlepidotus (McCoy, 1879) | Fierce Snake | |
Birds
Rallidae | ||
* | Porphyrio albus (Shaw, 1790) | White Gallinule |
Columbidae | ||
* | Columba vitiensis godmanae Matthews, 1915 | White-throated Pigeon (Lord Howe Is. subsp.) |
Psittacidae | ||
* | Psephotus pulcherrimus (Gould, 1845) | Paradise Parrot |
* | Cyanoramphus novaezelandiae subflavescens Salvadori, 1891 | Red-crowned Parakeet (Lord Howe Is. subsp.) |
Pezoporus occidentalis Gould, 1861 | Night Parrot | |
Strigidae | ||
* | Ninox novaeseelandiae albaria (Gmelin, 1788) | Southern Boobook (Lord Howe Is. subsp.) |
Pardalotidae | ||
* | Gerygone insularis Ramsay, 1879 | Lord Howe Gerygone |
Dicruridae | ||
* | Rhipidura fuliginosa cervina Ramsay, 1879 | Grey Fantail (Lord Howe Is. subsp.) |
Passeridae | ||
Neochmia ruficauda (Gould, 1837) | Star Finch | |
Zosteropidae | ||
* | Zosterops strenuus Gould, 1855 | Robust White-eye |
Muscicapidae | ||
* | Turdus poliocephalus vinitinctus (Gould, 1855) | Island Thrush (Lord Howe Is. subsp.) |
Sturnidae | ||
* | Aplonis fusca hullianus Gould, 1836 | Tasman Starling (Lord Howe Is. subsp.) |
Mammals
Dasyuridae | ||
Dasycercus cristicauda (Krefft, 1867) | Mulgara | |
Dasyurus geoffroii Gould, 1841 | Western Quoll | |
Phascogale calura Gould, 1844 | Red-tailed Phascogale | |
Myrmecobiidae | ||
Myrmecobius fasciatus Waterhouse, 1836 | Numbat | |
Peramelidae | ||
* | Chaeropus ecaudatus (Ogilby, 1838) | Pig-footed Bandicoot |
Isoodon auratus auratus (Ramsay, 1887) | Golden Bandicoot (mainland) | |
* | Perameles bougainville fasciata Gray, 1841 | Western Barred Bandicoot (mainland) |
Macrotis lagotis (Reid, 1837) | Bilby | |
Vombatidae | ||
Lasiorhinus krefftii (Owen, 1872) | Northern Hairy-nosed Wombat | |
Potoroidae | ||
Bettongia gaimardi (Desmarest, 1822) | Tasmanian Bettong | |
* | Bettongia lesueur graii (Gould, 1841) | Boodie, Burrowing Bettong (mainland) |
* | Bettongia penicillata penicillata Gray, 1837 | Brush-tailed Bettong (South-East Mainland) |
Bettongia tropica Wakefield, 1967 | Northern Bettong | |
Macropodidae | ||
* | Lagorchestes leporides (Gould, 1841) | Eastern Hare-wallaby |
Onychogalea fraenata (Gould, 1841) | Bridled Nailtail Wallaby | |
* | Onychogalea lunata (Gould, 1841) | Crescent Nailtail Wallaby |
Vespertilionidae | ||
Nyctophilus howensis McKean, 1973 | Lord Howe Island Bat | |
Muridae | ||
* | Conilurus albipes (Lichtenstein, 1829) | White-footed Tree-rat |
* | Leporillus apicalis (Gould, 1853) | Lesser Stick-nest Rat |
Leporillus conditor (Sturt, 1848) | Greater Stick-nest Rat | |
Notomys cervinus (Gould, 1853) | Fawn Hopping-mouse | |
* | Notomys longicaudatus (Gould, 1844) | Long-tailed Hopping-mouse |
Notomys mitchellii (Ogilby, 1838) | Mitchell’s Hopping-mouse | |
Pseudomys australis Gray, 1832 | Plains Rat | |
Pseudomys desertor Troughton, 1932 | Desert Mouse | |
* | Pseudomys gouldii (Waterhouse, 1839) | Gould’s Mouse |
Invertebrates
Arthropoda
Insecta
Coleoptera
Curculionidae | ||
Hybomorpus melanosomus (Saunders & Jekel, 1885) | Lord Howe Island ground weevil | |
Plants
Acanthaceae | |
Rhaphidospora bonneyana (F. Muell.) R. Barker | |
Aizoaceae | |
Glinus orygioides F. Muell. | |
* | Trianthema cypseleoides (Fenzl) Benth. |
Amaranthaceae | |
Ptilotus extenuatus Benl | |
Asteraceae | |
* | Acanthocladium dockeri F. Muell. |
Blumea lacera (Burman f.) DC. | |
* | Olearia oliganthema F. Muell. ex Benth. |
Senecio behrianus Sonder & F. Muell. | |
* | Senecio georgianus DC. |
Stemmacantha australis (Gaudich.) Dittr. | |
Brassicaceae | |
Lepidium foliosum Desv. | |
Stenopetalum velutinum F. Muell. | |
Chenopodiaceae | |
Atriplex acutiloba R. Anderson | |
Maireana lanosa (Lindley) Paul G. Wilson | |
Osteocarpum pentapterum (F. Muell. & Tate) Volkens | |
Dennstaedtiaceae | |
Hypolepis elegans Carruth. | |
Euphorbiaceae | |
* | Amperea xiphoclada var. pedicellata R.F.J. Hend. |
Gyrostemonaceae | |
Codonocarpus pyramidalis (F. Muell.) F. Muell. | |
Haloragaceae | |
Haloragis stricta R. Br. ex Benth. | |
Myriophyllum implicatum Orch. | |
Lamiaceae | |
* | Prostanthera marifolia R. Br. |
Orchidaceae | |
Caladenia rosella G.W. Carr | |
Thelymitra epipactoides F. Muell. | |
Polygalaceae | |
Comesperma scoparium Drummond | |
Proteaceae | |
Grevillea nematophylla F. Muell. | |
* | Persoonia laxa L. Johnson & P. Weston |
Rhamnaceae | |
Pomaderris oraria F. Muell. ex Reisseck | |
Rosaceae | |
Aphanes pentamera Rothm. | |
Rubiaceae | |
Knoxia sumatrensis (Retz.) DC. | |
Rutaceae | |
Micromelum minutum (Forster f.) Wight & Arn. | |
Philotheca angustifolia (Paul G. Wilson) Paul G. Wilson subsp. angustifolia | |
Sapindaceae | |
Dodonaea stenophylla F. Muell. | |
Scrophulariaceae | |
* | Euphrasia arguta R. Br. |
* | Euphrasia ruptura W.R. Barker |
Tremandraceae | |
Tetratheca pilosa Labill. subsp. pilosa | |
sch 1: Am GG No 102 of 6.9.1996, p 6255; GG No 130 of 15.11.1996, pp 7548, 7549; GG No 146 of 13.12.1996, p 8470; GG No 13 of 31.1.1997, p 351 (see also GG No 24 of 7.3.1997, p 1414); GG No 22 of 28.2.1997, p 1343; GG No 26 of 14.3.1997, p 1539; GG No 33 of 4.4.1997, p 1872; GG No 60 of 6.6.1997, p 4050; GG No 62 of 13.6.1997, pp 4338, 4339 (see also GG No 68 of 27.6.1997, pp 5071, 5074); 1997 No 55, Sch 1.28 [1]–[16]; GG No 81 of 18.7.1997, p 5591; GG No 88 of 8.8.1997, pp 6114, 6115; GG No 97 of 5.9.1997, pp 7780, 7782, 7785; GG No 112 of 17.10.1997, p 8589; GG No 117 of 31.10.1997, pp 8844, 8845; GG No 123 of 14.11.1997, p 9205; GG No 130 of 28.11.1997, p 9623; GG No 137 of 5.12.1997, p 9781; GG No 16 of 30.1.1998, pp 459, 461, 463; GG No 46 of 6.3.1998, p 1208; GG No 52 of 13.3.1998, pp 1427, 1428; GG No 92 of 12.6.1998, pp 4236, 4237, 4239, 4242; GG No 112 of 24.7.1998, pp 5655, 5658, 5662; GG No 132 of 11.9.1998, pp 7377, 7379, 7381, 7383, 7385, 7386, 7389; GG No 135 of 18.9.1998, pp 7544, 7546; GG No 143 of 2.10.1998, pp 7938, 7942; GG No 148 of 16.10.1998, pp 8231, 8236; GG No 158 of 6.11.1998, p 8700; GG No 160 of 6.11.1998, p 8757; GG No 165 of 27.11.1998, p 9041; GG No 176 of 18.12.1998, pp 9806, 9809, 9812, 9815, 9818; GG No 12 of 29.1.1999, pp 327, 331; GG No 19 of 12.2.1999, p 649; GG No 25 of 26.2.1999, pp 1348, 1349; GG No 32 of 12.3.1999, p 1880; 1999 No 31, Sch 2.41 [1]–[4]; GG No 79 of 9.7.1999, pp 4855, 4956; GG No 84 of 23.7.1999, pp 5160, 5162, 5164, 5166, 5168, 5172, 5174, 5176; GG No 88 of 6.8.1999, pp 5484, 5486; GG No 92 of 13.8.1999, pp 5747, 5749, 5751, 5753; GG No 109 of 17.9.1999, p 9006; GG No 111 of 24.9.1999, p 9125; GG No 124 of 29.10.1999, p 10313; 1999 No 85, Sch 2.69 [1]–[18]; GG No 144 of 24.12.1999, pp 12377, 12381, 12385, 12389, 12393; GG No 22 of 11.2.2000, p 934; GG No 32 of 3.3.2000, pp 1586, 1590, 1592, 1594; GG No 39 of 24.3.2000, pp 2301, 2310; GG No 52 of 28.4.2000, p 3623; GG No 62 of 26.5.2000, p 4348; 2000 No 53, Sch 3.27 [1]–[16]; GG No 85 of 7.7.2000, pp 6144, 6146, 6148, 6150, 6154, 6156, 6158, 6163; GG No 93 of 21.7.2000, pp 6508, 6510; GG No 121 of 15.9.2000, pp 10459, 10461; GG No 131 of 6.10.2000, pp 10950, 10955, 10960; GG No 137 of 13.10.2000, p 11033; GG No 141 of 27.10.2000, pp 11323, 11325; GG No 148 of 17.11.2000, pp 11788, 11791, 11797, 11799; GG No 152 of 24.11.2000, pp 11941, 11943, 11948, 11952, 11956, 11960; 2000 No 93, Sch 2.57 [1]–[13]; GG No 162 of 15.12.2000, pp 13209, 13211, 13213; GG No 168 of 22.12.2000, pp 13648, 13650 (see also GG No 20 of 19.1.2001, p 161); GG No 37 of 9.2.2001, pp 583, 585, 587, 591; GG No 41 of 23.2.2001, pp 909, 911, 1059 (expired 23.2.2002); GG No 54 of 16.3.2001, pp 1264, 1266, 1268, 1270, 1272, 1277; GG No 60 of 30.3.2001, p 1748; GG No 73 of 27.4.2001, p 2061; GG No 93 of 1.6.2001, p 3045; GG No 97 of 15.6.2001, pp 3684, 3689, 3693, 3697, 3702, 3707, 3709; GG No 111 of 13.7.2001, pp 5378, 5380, 5382, 5384, 5386, 5388, 5390; GG No 150 of 5.10.2001, pp 8394, 8396, 8398, 8400, 8404, 8406, 8412, 8414; GG No 161 of 26.10.2001, p 8765; GG No 184 of 30.11.2001, pp 9514, 9518; GG No 25 of 18.1.2002, p 197; GG No 59 of 15.3.2002, pp 1642, 1646, 1648; GG No 75 of 19.4.2002, pp 2365, 2367, 2372, 2374; GG No 85 of 10.5.2002, pp 2781, 2786; GG No 89 of 24.5.2002, pp 3232, 3234; GG No 92 of 31.5.2002, p 3368; GG No 106 of 28.6.2002, pp 4924, 4930; GG No 116 of 12.7.2002, p 5247; GG No 133 of 23.8.2002, pp 6422, 6426, 6431, 6435, 6440, 6442, 6444, 6448; GG No 142 of 6.9.2002, pp 7936, 7938; GG No 201 of 1.11.2002, pp 9339, 9341, 9343, 9345, 9347, 9349, 9353, 9355, 9357, 9359, 9363 (see also GG No 210 of 8.11.2002, pp 9560, 9561); GG No 246 of 6.12.2002, pp 10393, 10395, 10401, 10403, 10407, 10409, 10411, 10417, 10419, 10424; GG No 255 of 13.12.2002, pp 10595, 10597, 10602, 10608, 10610, 10612, 10614, 10619, 10621, 10623, 10625, 10629, 10631, 10633, 10635, 10637; GG No 263 of 20.12.2002, pp 10849, 10851, 10853, 10855, 10857, 10861; GG No 109 of 4.7.2003, pp 6912, 6914, 6916; GG No 138 of 12.9.2003, pp 9242, 9243, 9245, 9246, 9247; GG No 165 of 17.10.2003, p 10114; GG No 178 of 7.11.2003, pp 10392, 10393, 10394, 10395, 10400, 10402; GG No 179 of 14.11.2003, p 10512; GG No 191 of 5.12.2003, pp 10988, 10990, 10991, 10994; GG No 21 of 6.2.2004, p 468; GG No 35 of 13.2.2004, p 633; GG No 69 of 2.4.2004, pp 1851, 1853; GG No 83 of 14.5.2004, p 2811; GG No 94 of 4.6.2004, pp 3404, 3409; GG No 104 of 25.6.2004, pp 4668, 4670, 4672, 4674, 4678; GG No 138 of 27.8.2004, pp 7212, 7213; GG No 147 of 17.9.2004, pp 7553, 7555; GG No 149 of 24.9.2004, p 7668; GG No 179 of 12.11.2004, pp 8443, 8444, 8446, 8447; GG No 195 of 3.12.2004, pp 8915, 8916, 8917; GG No 200 of 17.12.2004, pp 9404, 9405, 9406, 9412, 9413, 9414, 9420, 9427, 9432, 9438, 9445; GG No 26 of 18.2.2005, p 419; 2005 (137); 2005 (173); 2005 (174); 2005 (175); 2005 (176); 2005 (177); 2005 (178); 2005 (179); 2005 (358); 2005 (359); 2005 (370); 2005 (652); 2005 (653); 2005 (654); 2005 (656); 2005 (658); 2005 (659); 2005 (660).
Schedule 1A Critically endangered species and ecological communities
(Section 6)
Part 1 Critically endangered species
Part 2 Critically endangered ecological communities
sch 1A: Ins 2004 No 88, Sch 1 [77].
Schedule 2 Vulnerable species and ecological communities
(Section 7)
sch 2, hdg: Subst 2002 No 78, Sch 1 [79].
Part 1 Vulnerable species
Animals
Vertebrates
Amphibians
Hylidae | ||
Litoria brevipalmata Tyler, Martin & Watson, 1972 | Green-thighed Frog | |
Litoria daviesae Mahony, Knowles, Foster & Donnellan 2001 | ||
Litoria littlejohni A.W. White, Whitford & Mahony (1994) | Littlejohn’s Tree Frog | |
* | Litoria olongburensis Liem & Ingram, 1977 | Olongurra Frog |
* | Litoria piperata Tyler & Davies, 1985 | Peppered Frog |
Litoria subglandulosa Tyler & Anstis, 1983 | Glandular Frog | |
Myobatrachidae | ||
Assa darlingtoni (Loveridge, 1933) | Pouched Frog | |
Crinia tinnula Straughan & Main, 1966 | Wallum Froglet | |
* | Heleioporus australiacus (Shaw & Nodder, 1795) | Giant Burrowing Frog |
Philoria sphagnicola (Moore, 1958) | Sphagnum Frog | |
Pseudophryne australis (Gray, 1835) | Red-crowned Toadlet | |
* | Pseudophryne pengilleyi Wells and Wellington, 1985 | Northern Corroboree Frog |
Reptiles
Cheloniidae | ||
* | Chelonia mydas (Linnaeus, 1758) | Green Turtle |
Dermochelyidae | ||
* | Dermochelys coriacea (Vandelli, 1761) | Leathery Turtle |
Chelidae | ||
Elseya belli (Gray, 1844) | Bell’s Turtle | |
Emydura macquarii (Gray, 1830) (Bellinger River) | Bellinger River Emydura | |
Gekkonidae | ||
* | Christinus guentheri (Boulenger, 1885) | Lord Howe Island Southern Gecko |
Diplodactylus elderi Stirling and Zietz 1893 | Jewelled Gecko | |
Diplodactylus stenodactylus Boulenger 1896 | Crowned Gecko | |
* | Underwoodisaurus sphyrurus (Ogilby, 1892) | Border Thick-tailed Gecko |
Pygopodidae | ||
* | Aprasia parapulchella Kluge, 1974 | Pink-tailed Legless Lizard |
* | Delma impar Fischer, 1882 | Striped Legless Lizard |
Varanidae | ||
Varanus rosenbergi Mertens, 1957 | Rosenberg’s Goanna | |
Scincidae | ||
* | Coeranoscincus reticulatus (Gunther, 1873) | Three-toed Snake-tooth Skink |
Ctenotus brooksi (Loveridge, 1933) | Wedgesnout Ctenotus | |
Lerista xanthura Storr, 1976 | Yellow-tailed Plain Slider | |
* | Pseudemoia lichenigera (O’Shaughnessy, 1874) | Skink |
Tiliqua multifasciata Sternfeld, 1919 | Centralian Blue-tongued Lizard | |
Tiliqua occipitalis (Peters, 1863) | Western Blue-tongued Lizard | |
Boidae | ||
Aspidites ramsayi (Macleay, 1882) | Woma | |
Liasis stimsoni Smith, 1985 | Stimson’s Python | |
Elapidae | ||
Cacophis harriettae Krefft, 1869 | White-crowned Snake | |
Demansia torquata (Gunther, 1862) | Collared Whip Snake | |
Hoplocephalus bitorquatus (Jan, 1859) | Pale-headed Snake | |
Hoplocephalus stephensii Krefft, 1869 | Stephens’ Banded Snake | |
Simoselaps fasciolatus (Gunther, 1872) | Narrow-banded Snake | |
Suta flagellum (McCoy, 1878) | Little Whip Snake | |
Birds
Anseranatidae | ||
Anseranas semipalmata (Latham, 1798) | Magpie Goose | |
Anatidae | ||
Oxyura australis (Gould, 1836) | Blue-billed Duck | |
Stictonetta naevosa (Gould, 1841) | Freckled Duck | |
Procellariidae | ||
* | Macronectes halli Mathews 1912 | Northern Giant-petrel |
Pterodroma solandri (Gould, 1844) | Providence Petrel | |
* | Pterodroma neglecta neglecta (Schlegel, 1863) | Kermadec Petrel (west Pacific subspecies) |
Pterodroma nigripennis (Rothschild, 1893) | Black-winged Petrel | |
Puffinus carneipes Gould, 1844 | Flesh-footed Shearwater | |
Puffinus assimilis Gould, 1838 | Little Shearwater | |
Diomedeidae | ||
* | Diomedea antipodensis Robertson & Warham 1992 | Antipodean Albatross |
Diomedea melanophris Temminck, 1828 | Black-browed Albatross | |
Diomedea cauta Gould, 1841 | Shy Albatross | |
* | Diomedea gibsoni Robertson & Warham 1992 | Gibson’s Albatross |
* | Phoebetria fusca (Hilsenberg, 1822) | Sooty Albatross |
Hydrobatidae | ||
Fregetta grallaria (Vieillot, 1817) | White-bellied Storm-petrel | |
Phaethontidae | ||
Phaethon rubricauda Boddaert, 1783 | Red-tailed Tropicbird | |
Sulidae | ||
Sula dactylatra Lesson, 1831 | Masked Booby | |
Areidae | ||
Ixobrychus flavicollis (Latham, 1790) | Black Bittern | |
Botaurus poiciloptilus (Wagler, 1827) | Australasian Bittern | |
Accipitridae | ||
Pandion haliaetus (Linnaeus, 1758) | Osprey | |
Lophoictinia isura (Gould, 1838) | Square-tailed Kite | |
Hamirostra melanosternon (Gould, 1841) | Black-breasted Buzzard | |
Falconidae | ||
Falco hypoleucos Gould, 1841 | Grey Falcon | |
Gruidae | ||
Grus rubicunda (Perry, 1810) | Brolga | |
Rallidae | ||
Amaurornis olivaceus (Meyen, 1834) | Bush-hen | |
Turnicidae | ||
Turnix maculosa (Temminck, 1815) | Red-backed Button-quail | |
Scolopacidae | ||
Limosa limosa (Linnaeus, 1758) | Black-tailed Godwit | |
Xenus cinereus (Guldenstadt, 1775) | Terek Sandpiper | |
Calidris alba (Pallas, 1764) | Sanderling | |
Calidris tenuirostris (Horsfield, 1821) | Great Knot | |
Limicola falcinellus (Pontoppidan, 1763) | Broad-billed Sandpiper | |
Jacanidae | ||
Irediparra gallinacea (Temminck, 1828) | Comb-crested Jacana | |
Haematopodidae | ||
Haematopus fuliginosus Gould, 1845 | Sooty Oystercatcher | |
Haematopus longirostris Vieillot, 1817 | Pied Oystercatcher | |
Charadriidae | ||
Charadrius leschenaulti Lesson, 1826 | Greater Sand-plover | |
Charadrius mongolus Pallas, 1776 | Lesser Sand-plover | |
Laridae | ||
Sterna fuscata Linnaeus, 1766 | Sooty Tern | |
Procelsterna cerulea (Bennett, 1840) | Grey Ternlet | |
Gygis alba (Sparrman, 1786) | White Tern Columbidae | |
Ptilinopus magnificus (Temminck, 1821) | Wompoo Fruit-dove | |
Ptilinopus regina Swainson, 1825 | Rose-crowned Fruit-dove | |
Ptilinopus superbus (Temminck, 1810) | Superb Fruit-dove | |
Cacatuidae | ||
Callocephalon fimbriatum (Grant, 1803) | Gang-gang Cockatoo | |
Calyptorhynchus banksii (Latham, 1790) | Red-tailed Black-Cockatoo | |
Calyptorhynchus lathami (Temminck, 1807) | Glossy Black-Cockatoo | |
Cacatua leadbeateri (Vigors, 1831) | Major Mitchell’s Cockatoo | |
Psittacidae | ||
Glossopsitta porphyrocephala (Dietrichsen, 1837) | Purple-crowned Lorikeet | |
* | Polytelis swainsonii (Desmarest, 1826) | Superb Parrot |
Neophema pulchella (Shaw, 1792) | Turquoise Parrot | |
Neophema splendida (Gould, 1841) | Scarlet-chested Parrot | |
Pezoporus wallicus wallicus (Kerr, 1792) | Eastern Ground Parrot | |
Strigidae | ||
Ninox connivens (Latham, 1851) | Barking Owl | |
Ninox strenua (Gould, 1838) | Powerful Owl | |
Tytonidae | ||
Tyto capensis (Smith, 1834) | Grass Owl | |
Tyto novaehollandiae (Stephens, 1826) | Masked Owl | |
Tyto tenebricosa (Gould, 1845) | Sooty Owl | |
Podargidae | ||
Podargus ocellatus Quoy & Gaimard, 1830 | Marbled Frogmouth | |
Halycyonidae | ||
Todiramphus chloris (Boddaert, 1783) | Collared Kingfisher | |
Menuridae | ||
Menura alberti Bonaparte, 1851 | Albert’s Lyrebird | |
Atrichornithidae | ||
Atrichornis rufescens (Ramsay, 1867) | Rufous Scrub-bird | |
Climacteridae | ||
Climacteris picumnus victoriae (Mathews 1912) | Brown Treecreeper (eastern subspecies) | |
Maluridae | ||
Amytornis striatus (Gould, 1840) | Striated Grasswren | |
Pardalotidae | ||
Hylacola cauta Gould, 1843 | Shy Heathwren | |
Calamanthus fuliginosus (Vigors & Horsfield, 1827) | Striated Fieldwren | |
Pyrrholaemus brunneus Gould, 1841 | Redthroat | |
Pyrrholaemus sagittata (Latham 1802) | Speckled Warbler | |
Meliphagidae | ||
Lichenostomus fasciogularis (Gould, 1854) | Mangrove Honeyeater | |
Lichenostomus cratitius (Gould, 1841) | Purple-gaped Honeyeater | |
Grantiella picta (Gould, 1838) | Painted Honeyeater | |
Certhionyx variegatus Lesson, 1830 | Pied Honeyeater | |
Melithreptus gularis gularis (Gould 1837) | Black-chinned Honeyeater (eastern subspecies) | |
Petroicidae | ||
Petroica rodinogaster (Drapiez, 1819) | Pink Robin | |
Drymodes brunneopygia Gould, 1840 | Southern Scrub-robin | |
Melanodryas cucullata cucullata (Latham 1802) | Hooded Robin (south-eastern form) | |
Pomatostomidae | ||
Pomatostomus halli Cowles, 1964 | Hall’s Babbler | |
Pomatostomus temporalis temporalis (Vigors and Horsfield 1827) | Grey-crowned Babbler (eastern subspecies) | |
Cinclosomatidae | ||
Cinclosoma castanotus Gould, 1840 | Chestnut Quail-thrush | |
Pachycephalidae | ||
Pachycephala olivacea Vigors & Horsfield, 1827 | Olive Whistler | |
Pachycephala inornata Gould, 1841 | Gilbert’s Whistler | |
Pachycephala pectoralis contempa (Latham, 1801) | Golden Whistler (Lord Howe Is. subsp.) | |
Dicruridae | ||
Monarcha leucotis Gould, 1851 | White-eared Monarch | |
Campephagidae | ||
Coracina lineata (Swainson, 1825) | Barred Cuckoo-shrike | |
Artamidae | ||
* | Strepera graculina crissalis (Sharpe, 1877) | Pied Currawong (Lord Howe Is. subsp.) |
Passeridae | ||
Stagonopleura guttata (Shaw 1796) | Diamond Firetail | |
Zosteropidae | ||
Zosterops lateralis tephropleura Gould, 1855 | Silvereye (Lord Howe Is. subsp.) | |
Mammals
Burramyidae | ||
Cercartetus nanus (Desmarest, 1818) | Eastern Pygmy-possum | |
Dasyuridae | ||
Dasyurus maculatus (Kerr, 1792) | Spotted-tailed Quoll | |
Phascogale tapoatafa (Meyer, 1793) | Brush-tailed Phascogale | |
Planigale maculata (Gould, 1851) | Common Planigale | |
Ningaui yvonneae Kitchener, Stoddart & Henry, 1983 | Southern Ningaui | |
Sminthopsis leucopus (Gray, 1842) | White-footed Dunnart | |
Sminthopsis macroura (Gould, 1845) | Stripe-faced Dunnart | |
Phascolarctidae | ||
Phascolarctos cinereus (Goldfuss, 1817) | Koala | |
Petauridae | ||
Petaurus australis Shaw, 1791 | Yellow-bellied Glider | |
Petaurus norfolcensis (Kerr, 1792) | Squirrel Glider | |
Potoroidae | ||
Aepyprymnus rufescens (Gray, 1837) | Rufous Bettong | |
Potorous tridactylus (Kerr, 1792) | Long-nosed Potoroo | |
Macropodidae | ||
Macropus parma Waterhouse, 1845 | Parma Wallaby | |
Thylogale stigmatica (Gould, 1860) | Red-legged Pademelon | |
Pteropodidae | ||
Syconycteris australis (Peters, 1867) | Common Blossom-bat | |
Nyctimene robinsoni Thomas, 1904 | Eastern Tube-nosed Bat | |
Pteropus alecto Temminck, 1837 | Black Flying-fox | |
Pteropus poliocephalus Temminck, 1825 | Grey-headed Flying-fox | |
Emballonuridae | ||
Saccolaimus flaviventris (Peters, 1867) | Yellow-bellied Sheathtail-bat | |
Molossidae | ||
Mormopterus beccarii Peters, 1881 | Beccari’s Freetail-bat | |
Mormopterus norfolkensis (Gray, 1839) | Eastern Freetail-bat | |
Vespertilionidae | ||
Kerivoula papuensis Dobson, 1878 | Golden-tipped Bat | |
Miniopterus australis (Tomes, 1858) | Little Bentwing-bat | |
Miniopterus schreibersii oceanensis Maeda, 1982 | Eastern Bent-wing Bat | |
Nyctophilus bifax Thomas, 1915 | Eastern Long-eared Bat | |
Nyctophilus timoriensis (Geoffroy, 1806) (South-eastern form) | Eastern Long-eared Bat | |
Chalinolobus dwyeri Ryan, 1966 | Large-eared Pied Bat | |
Chalinolobus nigrogriseus (Gould, 1856) | Hoary Wattled Bat | |
Chalinolobus picatus (Gould, 1852) | Little Pied Bat | |
Falsistrellus tasmaniensis (Gould, 1858) | Eastern False Pipistrelle | |
Myotis adversus (Horsfield, 1824) | Large-footed Myotis | |
Scoteanax rueppellii (Peters, 1866) | Greater Broad-nosed Bat | |
Vespadelus baverstocki (Kitchener, Jones & Caputi, 1987) | Inland Forest Bat | |
Vespadelus troughtoni (Kitchener, Jones & Caputi, 1987) | Eastern Cave Bat | |
Muridae | ||
Leggadina forresti (Thomas, 1906) | Forrest’s Mouse | |
Mastacomys fuscus Thomas, 1882 | Broad-toothed Rat | |
Pseudomys gracilicaudatus (Gould, 1845) | Eastern Chestnut Mouse | |
Pseudomys hermannsburgensis (Waite, 1896) | Sandy Inland Mouse | |
* | Pseudomys pilligaensis Fox & Briscoe, 1980 | Pilliga Mouse |
Rattus villosissimus (Waite, 1898) | Long-haired Rat | |
Marine mammals
Otariidae | ||
Arctocephalus forsteri (Lesson, 1828) | New Zealand Fur-seal | |
Arctocephalus pusillus doriferus (Jones, 1925) | Australian Fur-seal | |
Physeteridae | ||
Physeter catodon Linnaeus, 1758 | Sperm Whale | |
Balaenopteridae | ||
* | Megaptera novaeangliae (Borowski, 1781) | Humpback Whale |
Balaenidae | ||
Eubalaena australis (Desmoulins, 1822) | Southern Right Whale | |
Fungi
Basidiomycota
Hygrophoraceae | |
Hygrocybe anomala var. ianthinomarginata A.M. Young | |
Hygrocybe aurantipes A.M. Young | |
Hygrocybe reesiae A.M. Young | |
Hygrocybe rubronivea A.M. Young | |
Plants
Apiaceae | ||
Xanthosia scopulicola J.M. Hart & Henwood | ||
Apocynaceae | ||
Parsonsia dorrigoensis J.B. Williams ms | ||
Araliaceae | ||
* | Astrotricha crassifolia Blakely | |
Asteliaceae | ||
* | Neoastelia spectabilis J.B. Williams | |
Asteraceae | ||
* | Ammobium craspedioides Benth. | |
* | Brachycome muelleroides G. Davis | |
* | Brachycome papillosa G. Davis | |
* | Calotis glandulosa F. Muell. | |
* | Euchiton nitidulus (Hook. f.) A. Anderb. | |
* | Olearia cordata Lander | |
* | Ozothamnus tessellatus (Maiden & R. Baker) Anderberg | |
* | Picris evae Lack | |
* | Rutidosis heterogama Philipson | |
* | Rutidosis leiolepis F. Muell. | |
* | Senecio garlandii F. Muell. ex Belcher | |
Brassicaceae | ||
* | Lepidium aschersonii Thell. | |
Callitrichaceae | ||
* | Callitriche cyclocarpa Hegelm. | |
Casuarinaceae | ||
* | Allocasuarina simulans L. Johnson | |
Chenopodiaceae | ||
* | Atriplex infrequens Paul G. Wilson | |
* | Maireana cheelii (R. Anderson) Paul G. Wilson | |
Convolvulaceae | ||
Wilsonia backhousei Hook. | ||
Corokiaceae | ||
* | Corokia whiteana L.S. Smith | |
Corynocarpaceae | ||
* | Corynocarpus rupestris Guymer subsp. rupestris | |
Cunoniaceae | ||
* | Acrophyllum australe (Cunn.) Hoogl. | |
Cupressaceae | ||
* | Callitris oblonga A. Rich. & Rich. | |
Cyperaceae | ||
Cyperus rupicola S.T. Blake | ||
* | Eleocharis obicis L.A.S. Johnson & O.D. Evans | |
Lepidosperma evansianum K.L. Wilson | ||
Dilleniaceae | ||
* | Hibbertia marginata Conn | |
Doryanthaceae | ||
Doryanthes palmeri W. Hill ex Benth. | ||
Epacridaceae | ||
* | Budawangia gnidioides (Summerh.) Telford | |
Epacris purpurascens var. purpurascens R. Br. | ||
* | Epacris sparsa R. Br. | |
* | Leucopogon exolasius (F. Muell.) F. Muell. ex Benth. | |
* | Styphelia perileuca J. Powell | |
Ericaceae | ||
Gaultheria viridicarpa subsp. merinoensis J.B. Williams ms | ||
* | Gaultheria viridicarpa J.B. Williams ms subsp. viridicarpa | |
Euphorbiaceae | ||
* | Baloghia marmorata C. White | |
* | Bertya sp. A Cobar–Coolabah (Cunningham & Milthorpe s.n., 2/8/73) | |
* | Fontainea australis Jessup & Guymer | |
Fabaceae | ||
Acacia bakeri Maiden | ||
Acacia baueri subsp. aspera (Maiden & E. Betche) Pedley | ||
* | Acacia carnei Maiden | |
Acacia clunies-rossiae Maiden | ||
* | Acacia constablei Tind. | |
* | Acacia courtii Tind. & Herscovitch | |
* | Acacia curranii Maiden | |
* | Acacia flocktoniae Maiden | |
* | Acacia georgensis Tind. | |
* | Acacia phasmoides J.H. Willis | |
* | Acacia pubescens (Vent.) R. Br. | |
* | Acacia pycnostachya F. Muell. | |
Archidendron hendersonii (F. Muell.) Nielsen | ||
* | Bossiaea oligosperma A. Lee | |
* | Desmodium acanthocladum F. Muell. | |
* | Dillwynia tenuifolia Sieber ex DC. | |
* | Kennedia retrorsa Hemsley | |
* | Phyllota humifusa Benth. | |
* | Pultenaea aristata Sieber ex DC. | |
* | Pultenaea baeuerlenii F. Muell. | |
* | Pultenaea glabra Benth. | |
Pultenaea maritima de Kok | ||
* | Pultenaea parrisiae J.D. Briggs & Crisp subsp. parrisiae | |
Rhynchosia acuminatissima Miq. | ||
* | Sophora fraseri Benth. | |
* | Swainsona murrayana Wawra | |
* | Swainsona plagiotropis F. Muell. | |
* | Swainsona pyrophila J. Thompson | |
Swainsona sericea (A. Lee) J. Black ex H. Eichler | ||
Gentianaceae | ||
* | Gentiana wissmannii J. Williams | |
Goodeniaceae | ||
* | Goodenia macbarronii Carolin | |
* | Velleia perfoliata R. Br. | |
Haloragaceae | ||
* | Haloragis exalata F. Muell. subsp. exalata | |
* | Haloragis exalata subsp. velutina Orch. | |
Juncaginaceae | ||
Maundia triglochinoides F. Muell. | ||
Lamiaceae | ||
* | Prostanthera cineolifera R. Baker & H.G. Smith | |
* | Prostanthera cryptandroides Cunn. ex Benth. | |
* | Prostanthera densa A.A. Ham. | |
* | Prostanthera discolor R. Baker | |
* | Prostanthera palustris B.J. Conn | |
* | Prostanthera staurophylla F. Muell. | |
* | Prostanthera stricta R. Baker | |
* | Westringia davidii Conn | |
Lauraceae | ||
* | Cryptocarya foetida R. Baker | |
* | Endiandra hayesii Kosterm. | |
Meliaceae | ||
* | Owenia cepiodora F. Muell. | |
Menispermaceae | ||
* | Tinospora tinosporoides (F. Muell.) Forman | |
Myrtaceae | ||
* | Angophora inopina K.D. Hill | |
* | Angophora robur L. Johnson & K. Hill | |
* | Babingtonia granitica A.R. Bean | |
Callistemon linearifolius (Link) DC. | ||
* | Darwinia biflora (Cheel) B. Briggs | |
Darwinia glaucophylla B.G. Briggs | ||
Darwinia peduncularis B. Briggs | ||
* | Eucalyptus alligatrix subsp. miscella Brooker, Slee & J.D. Briggs ms | |
* | Eucalyptus aquatica (Blakely) L. Johnson & K. Hill | |
* | Eucalyptus benthamii Maiden & Cambage | |
Eucalyptus boliviana J.B. Williams & K.D. Hill | ||
* | Eucalyptus caleyi subsp. ovendenii L. Johnson & K. Hill | |
* | Eucalyptus camfieldii Maiden | |
* | Eucalyptus cannonii R. Baker | |
* | Eucalyptus canobolensis (L.A.S. Johnson & K.D. Hill) J.T. Hunter | |
Eucalyptus corticosa L.A.S. Johnson | ||
Eucalyptus dissita K.D. Hill | ||
Eucalyptus fracta K.D. Hill | ||
* | Eucalyptus glaucina Blakely | |
* | Eucalyptus kartzoffiana L. Johnson & Blaxell | |
* | Eucalyptus langleyi L. Johnson & Blaxell | |
Eucalyptus macarthurii Deane & Maiden | ||
* | Eucalyptus mckieana Blakely | |
* | Eucalyptus nicholii Maiden & Blakely | |
Eucalyptus oresbia Hunter and Bruhl | ||
* | Eucalyptus parramattensis subsp. decadens L. Johnson & Blaxell | |
* | Eucalyptus parvula L. Johnson & K. Hill | |
* | Eucalyptus pulverulenta Sims | |
* | Eucalyptus pumila Cambage | |
* | Eucalyptus robertsonii subsp. hemisphaerica L. Johnson & K. Hill | |
* | Eucalyptus rubida subsp. barbigerorum L. Johnson & K. Hill | |
Eucalyptus sturgissiana L. Johnson & Blaxell | ||
* | Eucalyptus tetrapleura L. Johnson | |
* | Homoranthus darwinioides (Maiden & E. Betche) Cheel | |
* | Homoranthus lunatus Craven & S.R. Jones | |
* | Homoranthus prolixus Craven & S.R. Jones | |
* | Kunzea cambagei Maiden & E. Betche | |
* | Kunzea rupestris Blakely | |
* | Leptospermum deanei J. Thompson | |
* | Leptospermum thompsonii J. Thompson | |
* | Melaleuca biconvexa Byrnes | |
Melaleuca deanei F. Muell. | ||
Melaleuca groveana Cheel & C. White | ||
Melaleuca sp. Megalong Valley Craven, Mallison & Douglas 10442 | Megalong Valley Bottlebrush | |
* | Micromyrtus blakelyi J. Green | |
* | Syzygium hodgkinsoniae (F. Muell.) L. Johnson | |
* | Syzygium moorei (F. Muell.) L. Johnson | |
* | Syzygium paniculatum Gaertner | |
Olacaceae | ||
* | Olax angulata A.S. George | |
Orchidaceae | ||
* | Bulbophyllum globuliforme Nicholls | |
Chiloglottis platyptera D.L. Jones | ||
* | Cryptostylis hunteriana Nicholls | |
* | Diuris praecox D.L. Jones | |
* | Diuris sheaffiana Fitzg. | |
* | Diuris venosa Rupp | |
Genoplesium baueri R. Br. | ||
* | Genoplesium vernale D.L. Jones | |
Oberonia titania Lindl. | ||
Peristeranthus hillii (F. Muell.) T.E. Hunt. | ||
* | Prasophyllum fuscum R. Br. | |
* | Prasophyllum morganii Nicholls | |
* | Pterostylis cobarensis M.A. Clem. | |
* | Pterostylis cucullata R. Br. | |
Pterostylis elegans D.L. Jones | ||
Pterostylis nigricans L. Jones & M.A. Clem. | ||
* | Pterostylis pulchella Messmer | |
Rhizanthella slateri (Rupp) M.A. Clem. and P.J. Cribb | ||
* | Sarcochilus fitzgeraldii F. Muell. | |
* | Sarcochilus hartmannii F. Muell. | |
* | Sarcochilus weinthalii (F.M. Bailey) Dockrill | |
Poaceae | ||
* | Amphibromus fluitans Kirk | |
Ancistrachne maidenii (A.A. Ham.) Vickery | ||
* | Arthraxon hispidus (Thunb.) Makino | |
* | Austrostipa metatoris (J. Everett & S.W.L. Jacobs) S.W.L. Jacobs & J. Everett | |
* | Dichanthium setosum S.T. Blake | |
* | Rytidosperma pumilum (Kirk) Linder | |
Polygonaceae | ||
Muehlenbeckia costata K.L. Wilson and Makinson ms | ||
* | Persicaria elatior (R. Br.) Sojak | |
Proteaceae | ||
* | Floydia praealta (F. Muell.) L. Johnson & B. Briggs | |
* | Grevillea banyabba P. Olde & N. Marriott | |
* | Grevillea evansiana McKee | |
Grevillea juniperina R. Br. subsp. juniperina | ||
* | Grevillea kennedyana F. Muell. | |
Grevillea molyneuxii D.J. McGillivray | ||
* | Grevillea parviflora R. Br. subsp. parviflora | |
* | Grevillea quadricauda P. Olde & N. Marriott | |
* | Grevillea rhizomatosa P. Olde & N. Marriott | |
* | Grevillea scortechinii subsp. sarmentosa (Blakely & McKie) McGillivray | |
* | Grevillea shiressii Blakely | |
Hakea archaeoides W.R. Barker | ||
* | Hakea fraseri R. Br. | |
* | Hakea trineura F. Muell. | |
* | Hicksbeachia pinnatifolia F. Muell. | |
* | Isopogon fletcheri F. Muell. | |
* | Macadamia tetraphylla L. Johnson | |
* | Persoonia acerosa Sieber ex Schultes & Schultes f. | |
* | Persoonia marginata Cunn. ex R. Br. | |
Ranunculaceae | ||
* | Clematis fawcettii F. Muell. | |
* | Ranunculus anemoneus F. Muell. | |
Restionaceae | ||
* | Baloskion longipes (L.A.S. Johnson & O.D. Evans) B.G. Briggs & L.A.S. Johnson | |
Rhamnaceae | ||
Discaria nitida Tortosa | ||
* | Pomaderris brunnea Wakef. | |
* | Pomaderris gilmourii var. cana N. Walsh | |
Pomaderris notata S.T. Blake | ||
* | Pomaderris pallida Wakef. | |
* | Pomaderris parrisiae N. Walsh | |
Rubiaceae | ||
* | Asperula asthenes Airy Shaw & Turrill | |
Rutaceae | ||
* | Boronia deanei Maiden & E. Betche | |
Boronia granitica Maiden & E. Betche | ||
* | Boronia umbellata P. Weston | |
* | Bosistoa selwynii T. Hartley | |
* | Bosistoa transversa J. Bailey & C. White | |
* | Correa baeuerlenii F. Muell. | |
* | Leionema ralstonii (F. Muell.) Paul G. Wilson | |
* | Leionema sympetalum (Paul G. Wilson) Paul G. Wilson | |
* | Nematolepis rhytidophylla (Alb. & N.G. Walsh) Paul G. Wilson | |
* | Philotheca ericifolia (A. Cunn. ex Benth.) Paul G. Wilson | |
* | Zieria murphyi Blakely | |
* | Zieria tuberculata J.A. Armstrong unpub | |
Santalaceae | ||
* | Thesium australe R. Br. | |
Sapindaceae | ||
* | Dodonaea procumbens F. Muell. | |
Lepiderema pulchella Radlk. | ||
Sapotaceae | ||
Amorphospermum whitei Aubrev. | ||
Scrophulariaceae | ||
Derwentia blakelyi B. Briggs & Ehrend | ||
* | Euphrasia bella S. T. Blake | |
* | Euphrasia bowdeniae W.R. Barker | |
Euphrasia ciliolata W.R. Barker | ||
Solonaceae | ||
* | Solanum karsense Symon | |
Sterculiaceae | ||
Lasiopetalum joyceae Blakely | ||
* | Lasiopetalum longistamineum Maiden & Betche | |
* | Rulingia procumbens Maiden & Betche | |
Surianaceae | ||
* | Cadellia pentastylis F. Muell. | |
Symplocaceae | ||
* | Symplocos baeuerlenii R. Baker | |
Thymelaeaceae | ||
* | Pimelea curviflora R. Br. var. curviflora | |
Tremandraceae | ||
* | Tetratheca glandulosa Smith | |
* | Tetratheca juncea Smith | |
Winteraceae | ||
* | Tasmannia glaucifolia J. Williams | |
* | Tasmannia purpurascens (Vick.) A.C. Smith | |
Part 2 Vulnerable ecological communities
sch 2: Am GG No 130 of 15.11.1996, p 7549; GG No 4 of 10.1.1997, p 114; GG No 13 of 31.1.1997, p 351 (see also GG No 24 of 7.3.1997, p 1414); GG No 20 of 21.2.1997, p 978; 1997 No 55, Sch 1.28 [17]–[20]; GG No 99 of 12.9.1997, p 7892; GG No 16 of 30.1.1998, pp 459, 461; GG No 79 of 15.5.1998, p 3443; GG No 92 of 12.6.1998, pp 4237, 4239, 4241, 4244; GG No 115 of 31.7.1998, p 5828; GG No 132 of 11.9.1998, p 7381; GG No 135 of 18.9.1998, p 7543; GG No 25 of 26.2.1999, p 1350; GG No 32 of 12.3.1999, pp 1880, 1882; 1999 No 31, Sch 2.41 [5] [6]; GG No 84 of 23.7.1999, pp 5168, 5170; GG No 86 of 30.7.1999, p 5360; GG No 88 of 6.8.1999, p 5484; GG No 92 of 13.8.1999, p 5747; GG No 109 of 17.9.1999, p 9004; 1999 No 85, Sch 2.69 [19]–[31]; GG No 144 of 24.12.1999, pp 12379, 12381, 12383; GG No 39 of 24.3.2000, p 2310; GG No 52 of 28.4.2000, pp 3621, 3625; GG No 62 of 26.5.2000, pp 4344, 4346; 2000 No 53, Sch 3.27 [17]–[32]; GG No 85 of 7.7.2000, pp 6144, 6152; GG No 93 of 21.7.2000, p 6508; GG No 121 of 15.9.2000, p 10457; GG No 148 of 17.11.2000, pp 11793, 11795, 11797; GG No 152 of 24.11.2000, pp 11937, 11939; 2000 No 93, Sch 2.57 [14]–[26]; GG No 37 of 9.2.2001, p 589; GG No 54 of 16.3.2001, p 1270; GG No 78 of 4.5.2001, p 2234; GG No 95 of 8.6.2001, p 3419; GG No 97 of 15.6.2001, pp 3691, 3695; GG No 150 of 5.10.2001, pp 8392, 8408, 8410, 8414; GG No 161 of 26.10.2001, pp 8753, 8755, 8757, 8759, 8761, 8763; GG No 184 of 30.11.2001, p 9516; GG No 25 of 18.1.2002, p 195; GG No 59 of 15.3.2002, p 1644; GG No 89 of 24.5.2002, p 3236; GG No 116 of 12.7.2002, pp 5249, 5251, 5253, 5255; GG No 119 of 19.7.2002, p 5472; GG No 142 of 6.9.2002, p 7940; 2002 No 78, Sch 1 [79]; GG No 201 of 1.11.2002, pp 9351, 9353, 9361, 9363; GG No 246 of 6.12.2002, pp 10397, 10399, 10413, 10415, 10424; GG No 255 of 13.12.2002, pp 10606, 10610, 10612, 10621, 10627, 10633, 10637; GG No 263 of 20.12.2002, pp 10855, 10859; GG No 109 of 4.7.2003, pp 6912, 6914; GG No 138 of 12.9.2003, p 9243; GG No 178 of 7.11.2003, pp 10399, 10404; GG No 179 of 14.11.2003, pp 10512, 10514, 10515; GG No 69 of 2.4.2004, pp 1850, 1852, 1854; GG No 95 of 11.6.2004, p 3503; GG No 104 of 25.6.2004, pp 4668, 4673, 4675, 4676, 4677, 4678; GG No 124 of 23.7.2004, p 6056; GG No 147 of 17.9.2004, p 7553; GG No 149 of 24.9.2004, p 7667; 2004 No 88, Sch 1 [78] [79]; GG No 195 of 3.12.2004, p 8918; 2005 (176); 2005 (177); 2005 (371); 2005 (655); 2005 (657).
Schedule 3 Key threatening processes
(Section 8)
Alteration of habitat following subsidence due to longwall miningAlteration to the natural flow regimes of rivers and streams and their floodplains and wetlands (as described in the final determination of the Scientific Committee to list the threatening process)
Anthropogenic Climate Change
Bushrock removal (as described in the final determination of the Scientific Committee to list the threatening process)
Clearing of native vegetation (as defined and described in the final determination of the Scientific Committee to list the key threatening process)
Competition and grazing by the feral European Rabbit, Oryctolagus cuniculus (L.)
Competition and habitat degradation by Feral Goats, Capra hircus Linnaeus 1758
Competition from feral honey bees, Apis mellifera L.
Death or injury to marine species following capture in shark control programs on ocean beaches (as described in the final determination of the Scientific Committee to list the key threatening process)
Entanglement in or ingestion of anthropogenic debris in marine and estuarine environments (as described in the final determination of the Scientific Committee to list the key threatening process)
Herbivory and environmental degradation caused by feral deer
High frequency fire resulting in the disruption of life cycle processes in plants and animals and loss of vegetation structure and composition
Importation of Red Imported Fire Ants Solenopsis invicta Buren 1972
Infection by Psittacine Circoviral (beak and feather) Disease affecting endangered psittacine species and populations
Infection of frogs by amphibian chytrid causing the disease chytridiomycosis
Infection of native plants by Phytophthora cinnamomi
Introduction of the Large Earth Bumblebee Bombus terrestris (L.)
Invasion of native plant communities by Chrysanthemoides monilifera
Invasion of native plant communities by exotic perennial grasses
Invasion of the Yellow Crazy Ant, Anoplolepis gracilipes (Fr. Smith) into NSW
Loss or degradation (or both) of sites used for hill-topping by butterflies
Predation by Gambusia holbrooki Girard, 1859 (Plague Minnow or Mosquito Fish) (as described in the final determination of the Scientific Committee to list the threatening process)
Predation by the European Red Fox Vulpes Vulpes (Linnaeus, 1758)
Predation by the Feral Cat Felis catus (Linnaeus, 1758)
Predation by the Ship Rat Rattus rattus on Lord Howe Island
Predation, habitat degradation, competition and disease transmission by Feral Pigs, Sus scrofa Linnaeus 1758
Removal of dead wood and dead trees
sch 3: Am GG No 56 of 20.3.1998, p 1638; GG No 12 of 29.1.1999, p 329; GG No 32 of 12.3.1999, p 1879; GG No 126 of 5.11.1999, p 10418; GG No 39 of 24.3.2000, pp 2306, 2308; GG No 57 of 12.5.2000, p 3855; GG No 148 of 17.11.2000, p 11804; GG No 71 of 20.4.2001, p 1962; GG No 143 of 21.9.2001, p 7902; GG No 85 of 10.5.2002, p 2779; GG No 92 of 31.5.2002, p 3370; GG No 133 of 23.8.2002, p 6446; GG No 237 of 29.11.2002, p 10150; GG No 246 of 6.12.2002, p 10405; GG No 255 of 13.12.2002, p 10604; GG No 128 of 22.8.2003, p 8051; GG No 138 of 12.9.2003, p 9248; GG No 191 of 5.12.2003, p 10989; GG No 196 of 12.12.2003, p 11210; GG No 35 of 13.2.2004, pp 627 (see also GG No 42 of 20.2.2004, p 730), 632; GG No 138 of 27.8.2004, p 7214; GG No 179 of 12.11.2004, p 8445; GG No 200 of 17.12.2004, p 9447; 2005 (357); 2005 (459).
sch 4: Am 1996 No 30, Sch 2. Rep 1999 No 85, Sch 4.
sch 5: Rep 1999 No 85, Sch 4.
sch 6: Rep 1999 No 85, Sch 4.
Schedules 4–6 (Repealed)
Schedule 7 Savings, transitional and other provisions
(Section 156)
Part 1 Savings and transitional regulations
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of:this ActThreatened Species Legislation Amendment Act 2004, to the extent that it amends this Act(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of its publication.
Part 2 Amendments consequent on Threatened Species Conservation Act 1995
2 Dissolution of Scientific Committee
(1) The Scientific Committee established under section 92A of the National Parks and Wildlife Act 1974, as inserted by the Endangered Fauna (Interim Protection) Act 1991, is dissolved.(2) A person who, immediately before the dissolution of the Scientific Committee referred to in this clause, held office as a member of that Scientific Committee:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a member of the Scientific Committee established under this Act.(3) A person who so ceases to hold office as a member of the Scientific Committee is not entitled to any remuneration or compensation because of the loss of that office.
3 Extension of certain licences under section 120 of the National Parks and Wildlife Act 1974
(1) This clause applies to a licence to which section 4 of the Endangered Fauna (Interim Protection) Amendment Act 1992 applied immediately before the repeal or expiry of that section.(2) A licence to which this clause applies continues in force, despite any expiry date specified in the licence, as if no such date had been so specified.(3) A licence to which this clause applies may be varied under section 133 of the National Parks and Wildlife Act 1974.
4 Certain licences taken to be licences under Part 6
(1) A licence to which clause 3 refers is taken to be a licence under Part 6 of this Act and is as efficacious, in relation to the action that it authorises, as a licence granted under that Part.(2) In particular, a licence to which clause 3 refers is, in relation to the action that it authorises, taken to authorise the harming or picking of threatened species, populations or ecological communities, or the damaging of their habitats (including habitats that are critical habitats).
5 Savings in respect of planning matters
(1) The amendments made by this Act to the Environmental Planning and Assessment Act 1979 do not affect:(a) any development consent granted before the commencement of this clause or any development carried out in accordance with such a consent, or(b) any activity to which Part 5 of that Act applies (or any approval for the carrying out of any such activity) if the provisions of that Part were complied with for that activity before the commencement of this clause.(2) If an application for development consent has not been finally determined on the commencement of this clause, the amendments made by this Act to the Environmental Planning and Assessment Act 1979 do not apply to the determination of the application or to any development carried out in accordance with a development consent granted on the determination of the application. However, the Minister for Planning may, by notice served on the consent authority, direct that all or any specified amendments apply to the determination of the application.(3) If, in respect of any activity to which Part 5 of that Act applies (or any approval for carrying out any such activity):(a) an environmental impact statement was duly obtained before the commencement of this clause, but the provisions of that Part had not been fully complied with before that commencement, orthe statement (so long as it is obtained in accordance with the provisions of that Act as in force immediately before that commencement) is taken to have been obtained in accordance with that Act, as amended by this Act.(b) the Director-General of the Department of Planning had duly notified the person preparing an environmental impact statement before the commencement of this clause of requirements with respect to the form and contents of the statement, but the statement had not been obtained before that commencement,(4) Subclause (3) does not apply to an activity that has not been carried out before the commencement of this clause if the Minister for Planning (by notice served on the person obtaining the statement concerned) so directs.
6 Savings in respect of stop work orders
A stop work order made under section 92E of the National Parks and Wildlife Act 1974 is, if it has any force or effect immediately before the repeal of that section, taken to be a stop work order under Part 6A of that Act, as inserted by this Act.
Part 3 Provisions consequent on Fisheries Management Amendment Act 1997
7 Saving of definition of regions
The amendments made to section 4 of this Act by the Fisheries Management Amendment Act 1997 do not affect any order made under that section before the commencement of those amendments with respect to regions under this Act.
Part 4 Provisions consequent on Threatened Species Conservation Amendment Act 2002
8 Licences under Part 6
Section 91, as substituted by the Threatened Species Conservation Amendment Act 2002, does not apply in respect of a licence issued under Part 6 before that substitution.
9 Accreditation arrangements
The Director-General is to ensure that the arrangements referred to in section 113 (1), as amended by the Threatened Species Conservation Amendment Act 2002, and the survey standards referred to in section 113 (3A), as inserted by that Act, are instituted or approved within 18 months after the date of assent to that Act.
10 Re-appointment of members of Scientific Committee
Section 130 (1A), as inserted by the Threatened Species Conservation Amendment Act 2002, does not apply in respect of 2 consecutive periods of office served by a member of the Scientific Committee if any part of the 2 consecutive periods was served by the member before that subsection commenced.
Part 5 Provisions consequent on Threatened Species Legislation Amendment Act 2004
11 Definition
In this Part:2004 amending Act means the Threatened Species Legislation Amendment Act 2004.
12 Referral of proposed final determinations to Minister
The amendments to section 23, and new section 23A, as enacted by the 2004 amending Act extend to a matter pending under section 23 and not finally determined before the commencement of this clause.
13 Threatened Species Priorities Action Statements
The Director-General may exercise any function of the Director-General under Part 5A prior to the commencement of that Part, for the purpose of facilitating the adoption of a Threatened Species Priorities Action Statement on the commencement of that Part.
14 Biological Diversity Advisory Council
The members of the Biological Diversity Advisory Council holding office immediately before the repeal of sections 137–139 cease to hold office as members of the Advisory Council on that repeal (but are eligible, if otherwise qualified, for re-appointment as members of BDAC.
sch 7: Am 1997 No 153, Sch 6.6 [12]; 2002 No 78, Sch 1 [81]–[83]; 2004 No 88, Sch 1 [80] [81].