New South Wales Consolidated Acts

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BIODIVERSITY CONSERVATION ACT 2016 - SECT 4.3

General eligibility for listing

4.3 General eligibility for listing

(1) A species is eligible to be listed under this Part as a threatened species, or as part of a threatened ecological community, only if it is, in the opinion of the Scientific Committee--
(a) a species of animal that is native to New South Wales or that is known to periodically or occasionally migrate to New South Wales, or
(b) a species of plant that is native to New South Wales.
(2) An animal or plant is native to New South Wales if it was established in Australia before European settlement and it occurs naturally in New South Wales.
Note : The definition of
"animal" in this Act excludes fish and the definition of
"plant" excludes marine vegetation (subject to section 14.7). Listing and protection of threatened species of fish or marine vegetation is dealt with in Part 7A of the Fisheries Management Act 1994 .



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