For item 58 of Schedule 2 to the Act, if:
(a) before the species commencement time:
(i) an item was included in the list of threatened ecological communities made under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 ; and
(ii) the item was deleted from the list due to the operation of section 32 the Legislative Instruments Act 2003 ; and
(b) item 38 of Schedule 2 of the Act does not apply to the item;
then, despite the amendments made by the Act to the Environment Protection and Biodiversity Act 1999 , on the commencement day, the old process for including items in the list applies to the item.