Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 189

Minister must consider advice from Scientific Committee
(1)
Subject to section 192, in deciding whether to amend:

(a)
the list referred to in section 178 or 181; or

(b)
the list referred to in section 183;

the Minister must, in accordance with the regulations (if any), obtain and consider advice from the Scientific Committee on the proposed amendment.

(2)
In preparing advice under subsection (1), the Scientific Committee may obtain advice from a person with expertise relevant to the subject matter of the proposed amendment.

(3)
In preparing advice for a proposed amendment of a list referred to in paragraph (1)(a), the Scientific Committee must not consider any matter that does not relate to the survival of the native species or ecological community concerned.

(4)
If a native species, ecological community or threatening process has been nominated under section 191 to be listed, the Scientific Committee must give its advice to the Minister within 12 months, or such longer period as the Minister specifies, after the Scientific Committee receives the nomination from the Minister under that section.

(5)
The Minister must:

(a)
decide whether to amend the list; and

(b)
if the Minister decides to amend the list—cause the necessary instrument to be published in the Gazette ;

within 90 days after receiving the Scientific Committee's advice on the amendment.

(6)
A member of the Scientific Committee has a duty not to disclose to any other person the advice, or any information relating to the advice, before the end of that period of 90 days unless the disclosure:

(a)
is for the official purposes of the Scientific Committee; or

(b)
if an instrument is published in the Gazette relating to an amendment of a list to which the advice relates—occurred after the publication.



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