New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 14.7

14.7 Relationship between this Act and the Fisheries Management Act 1994

(1) The Minister administering this Act may, by order made with the concurrence of the Minister administering the Fisheries Management Act 1994 --

(a) declare a species of fish to be a species of animal for the purposes of this Act if it is an invertebrate and it is a species that may inhabit a terrestrial environment at some stage of its biological development, or

(b) declare a species of marine vegetation to be a species of plant for the purposes of this Act if it is a species that may inhabit freshwater or a terrestrial environment at some stage of its biological development.

Any species of fish or marine vegetation that is the subject of an order in force under this subsection is taken to be a species of an animal or plant (and not a species of fish or marine vegetation) for the purposes of this Act and that Act, in accordance with the terms of the order.

(2) The Minister administering the Fisheries Management Act 1994 may, by order made with the concurrence of the Minister administering this Act--

(a) declare a species of animal to be a species of fish for the purposes of that Act if it is an invertebrate and it is a species that may inhabit water at some stage of its biological development, or

(b) declare a species of plant to be a species of marine vegetation for the purposes of that Act if it is a species that may inhabit water (other than freshwater) at some stage of its biological development.

Any species of animal or plant that is the subject of an order in force under this subsection is taken to be a species of fish or marine vegetation (and not a species of animal or plant) for the purposes of that Act and this Act, in accordance with the terms of the order.

(3) The Minister administering this Act and the Minister administering the Fisheries Management Act 1994 may consult with each other, the Chairpersons of the Scientific Committee and the Fisheries Scientific Committee and other persons or bodies for the purpose of determining whether an order under this section should be made and the terms of the order.

(4) If the Ministers are unable to resolve any dispute between them as to the making or the terms of an order under this section, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.

(5) An order under this section is to be published on the NSW legislation website.

(6) In this section--

"fish" has the same meaning as in the Fisheries Management Act 1994 .

"freshwater" has the same meaning as in the Fisheries Management Act 1994 .