Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 64A

    (1)     A native species is eligible to be included in the regionally threatened category in the threatened native species list if—

        (a)     the species occurs or is likely to occur in the ACT; and

        (b)     there are threatened native species list criteria for the category; and

        (c)     the species satisfies the threatened native species list criteria for the category.

    (2)     A native species is eligible to be included in the regionally conservation dependent category in the threatened native species list if—

        (a)     the species occurs or is likely to occur in the ACT; and

        (b)     there are threatened native species list criteria for the category; and

        (c)     the species satisfies the threatened native species list criteria for the category.

    (3)     A native species is eligible to be included in the provisional category in the threatened native species list if—

        (a)     there is a significant decline in the number of members of the species in the ACT or surrounding region; or

        (b)     the species—

              (i)     occurs or is likely to occur in the ACT or surrounding region; and

              (ii)     is listed as a threatened native species under a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or

        (c)     the species was listed in the extinct category of the threatened native species list but has been definitely located in nature in the ACT or surrounding region since it was last listed as extinct.

Note     See also s 97 about rediscovery of species that were extinct.

    (4)     A native species is no longer eligible to be included in the provisional category in the threatened native species list if it has been in the category for 18 months.

    (5)     A native species is not eligible to be included in a regional category in the threatened native species list if—

        (a)     it is eligible to be included in a national category in the list; or

        (b)     it is included in the protected native species list.

Note     Protected native species list —see s 111.

    (6)     However, a native species that is eligible to be included in the extinct category or extinct in the wild category in the threatened native species list may be included in a regional category in the list if the species is introduced or reintroduced into the ACT.

Note     Species includes a distinct population of biological entities prescribed by regulation to be a species (see s 15 (1), def "species", par (b) (iii)).