Environment Protection and Biodiversity Conservation Act 1999

In deciding whether to make an amendment covered by paragraph 184(1)(aa), (b), (ca) or (d), the Minister must, in accordance with the regulations (if any), obtain and consider advice from the Scientific Committee on the proposed amendment.

Subsection (1) has effect subject to section 192.

If advice from the Scientific Committee for the purposes of subsection (1) is to the effect that a particular native species, or a particular ecological community, is eligible to be included in the relevant list in a particular category, the advice must also contain:

a statement that sets out:

the grounds on which the species or community is eligible to be included in the category; and

the main factors that are the cause of it being so eligible; and

either:

information about what could appropriately be done to stop the decline of, or support the recovery of, the species or community; or

a statement to the effect that there is nothing that could appropriately be done to stop the decline of, or support the recovery of, the species or community; and

a recommendation on the question whether there should be a recovery plan for the species or community or any part of it.

In preparing advice under subsection (1), the Scientific Committee may obtain advice from a person with expertise relevant to the subject matter of the proposed amendment.

In preparing advice for a proposed amendment to delete an item:

included in a category of a list referred to in section 178 or 181; and

that had not been included in that category in accordance with subsection 186(3), (4) or (5);

the survival of the native species or ecological community concerned; or

the effect that the inclusion in the list of the native species or ecological community concerned is having, or could have, on the survival of that native species or ecological community.

In preparing advice for a proposed amendment to:

include a native species in a category of the list referred to in section 178 in accordance with subsection 186(3), (4) or (5) because of the species’ resemblance to another species; or

delete a native species from a category of the list referred to in section 178 that had been included in that category in accordance with subsection 186(3), (4) or (5) because of the species’ resemblance to another species;

the survival of either species; or

the effect that the inclusion in the list of the first‑mentioned species is having, or could have, on the survival of either species.