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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 listcause 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 relatesoccurred after the publication.
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