ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

Commonwealth Numbered Acts

Minister may amend lists

(1): Subject to this Subdivision, the Minister may, by instrument published in the Gazette , amend a list referred to in section 178, 181 or 183 by:

(a): including items in the list; or
(b): deleting items from the list; or
(c): in the case of the list referred to in section 178 or 181—transferring items from one category in the list to another category in the list; or
(d): correcting an inaccuracy or updating the name of a listed threatened species or listed threatened ecological community.

(2): An instrument (other than an instrument mentioned in paragraph (1)(d)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
(3): Despite section 48 of the Acts Interpretation Act 1901 as it applies in relation to an instrument because of section 46A of that Act, amendments of the kind mentioned in paragraphs (1)(b) and (c) take effect on the first day on which they are no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act as it so applies.
(4): When an instrument is laid before each House of the Parliament in accordance with section 48 of the Acts Interpretation Act 1901 , the Minister must cause a statement to be laid before each House with the instrument explaining:

(a): in the case of an item that has been included in a list by the instrument—why the item was so included; or
(b): in the case of an item that has been deleted from a list by the instrument—why the item was so deleted; or
(c): in the case of an item that has been transferred by the instrument from one category in the list referred to in section 178 or 181 to another category in that list—why the item has been so transferred.

(5): The Minister must cause a notice summarising the information contained in an instrument to be published in accordance with the regulations (if any).

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