Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014 - SECT 90C

Conservation advice

    (1)     The scientific committee must prepare an advice about each item included in a list (a conservation advice ).

    (2)     However, the scientific committee need not prepare a conservation advice for an item if—

        (a)     the committee adopts an advice for the item under section 90E (Conservation advice—adopting advice for nationally threatened item); or

        (b)     the item is listed in a provisional category of a threatened native species list or a threatened ecological communities list.

Note     For a nationally threatened item, an advice adopted under s 90E is the conservation advice.

    (3)     The conservation advice must—

        (a)     set out—

              (i)     the grounds on which the item is eligible to be included in, transferred within, or omitted from, the list; and

              (ii)     the main factors that make it eligible; and

        (b)     include anything else required to be included by a conservation advice guideline.

Note 1     The conservation advice need not contain the precise location of a species or community (see s 363).

Note 2     Eligibility for the threatened native species list is dealt with in s 64 and s 64A.

Eligibility for the threatened ecological communities list is dealt with in s 70.

Eligibility for the key threatening processes list is dealt with in s 77.

    (4)     A conservation advice, including a conservation advice adopted under section 90E, is a notifiable instrument.

Note 1     A notifiable instrument must be notified under the Legislation Act

.

Note 2     The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act

, s 46).

    (5)     However, a conservation advice must be notified within 20 days after the following happens:

        (a)     the Minister makes a decision to include an item on a list or transfer an item within a list;

        (b)     the scientific committee amends the conservation advice.

    (6)     In this section:

"conservation advice guidelines"—see section 90B (1).



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