Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by legislative instrument, amend the list referred to in section 303EB by:

doing any of the following:

including items in a particular part of the list;

deleting items from a particular part of the list;

imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject;

varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or

correcting an inaccuracy or updating the name of a species.

For the purposes of paragraph (1)(b), correcting an inaccuracy includes ensuring that the list complies with subsections 303EB(4) and (10).

Before amending the list referred to in section 303EB as mentioned in paragraph (1)(a) of this section, the Minister:

must consult such other Minister or Ministers as the Minister considers appropriate; and

must consult such other Minister or Ministers of each State and self‑governing Territory as the Minister considers appropriate; and

may consult such other persons and organisations as the Minister considers appropriate.

The Minister must not amend the list referred to in section 303EB by including an item in the list, unless:

the amendment is made following consideration of a relevant report under section 303ED or 303EE; or

the amendment is made following consideration of a relevant review under section 303EJ.

Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument to which paragraph (1)(b) of this section applies.