Environment Protection and Biodiversity Conservation Act 1999

Within 40 business days after the Scientific Committee receives the nominations as required by subsection 194F(1) in relation to an assessment period for a Subdivision A List, the Committee must prepare and give to the Minister a list (the proposed priority assessment list) for the assessment period for the Subdivision A List.

The proposed priority assessment list for the Subdivision A List is to consist of such of the items that are eligible for assessment consideration in relation to the assessment period for the Subdivision A List as the Scientific Committee considers it appropriate to include in the proposed priority assessment list, having regard to:

any conservation themes determined by the Minister under section 194D in relation to the assessment period for the Subdivision A List; and

the Committee’s own views about what should be given priority in relation to the assessment period for the Subdivision A List; and

the Committee’s capacity to make assessments under this Division while still performing its other functions; and

any other matters that the Committee considers appropriate.

An item is eligible for assessment consideration in relation to the assessment period for a Subdivision A List if:

the item has been nominated by a nomination referred to in subsection (1); or

the Committee itself wishes to nominate the item for inclusion in the Subdivision A List; or

the item was eligible for assessment consideration, otherwise than because of this paragraph, in relation to the immediately preceding assessment period (if any) for the Subdivision A List but was not included in the finalised priority assessment list for that assessment period for the Subdivision A List.

Without limiting the generality of the Scientific Committee’s discretion under subsection (2), the Committee does not have to include in the proposed priority assessment list an item that has been nominated if the Committee considers that:

if the item is not on the Subdivision A List concerned—it is unlikely that the item is eligible to be included in the Subdivision A List; or

if the nomination is for the transfer of the item to another category in the Subdivision A List concerned—it is unlikely that the item is eligible to be included in that other category of the Subdivision A List.

For the purposes of subsection (4), the Committee is not required to have regard to any information beyond the information that was included in the nomination.

The proposed priority assessment list is not a legislative instrument.