ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 186 Amending list of threatened native species

Commonwealth Numbered Acts

Amending list of threatened native species

(a): include (whether as a result of a transfer or otherwise) a native species in a particular category; or
(b): delete (whether as a result of a transfer or otherwise) a native species from a particular category;

unless satisfied that the native species is eligible, or is no longer eligible, as the case requires, to be included in that category.

(2): In deciding whether to include a native species in, or delete a native species from, a particular category (whether as a result of a transfer or otherwise), the Minister must not consider any matter that does not relate to the survival of the native species concerned.
(3): The Minister may include a native species in the critically endangered category if satisfied that:

(a): it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(3)) that it is difficult to differentiate between the 2 species; and
(b): this difficulty poses an additional threat to the last-mentioned species; and
(c): it would substantially promote the objects of this Act if the first-mentioned species were regarded as critically endangered.

(4): The Minister may include a native species in the endangered category if satisfied that:

(a): it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(4)) that it is difficult to differentiate between the 2 species; and
(b): this difficulty poses an additional threat to the last-mentioned species; and
(c): it would substantially promote the objects of this Act if the first-mentioned species were regarded as endangered.

(5): The Minister may include a native species in the vulnerable category if satisfied that:

(a): it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(5)) that it is difficult to differentiate between the 2 species; and
(b): this difficulty poses an additional threat to the last-mentioned species; and
(c): it would substantially promote the objects of this Act if the first-mentioned species were regarded as vulnerable.

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