Victorian Current Acts

FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 16G

    (1)     After receiving a final recommendation from the Committee, the Minister may recommend to the Governor in Council that the Governor in Council—

        (a)     specify any eligible taxon of flora or fauna in the Threatened List and set out the extinction risk of, and the category of threat that applies, to the taxon; or

        (b)     specify an eligible community of flora or fauna in the Threatened List; or

        (c)     remove any taxon of flora or fauna from the Threatened List that is no longer an eligible taxon of flora or fauna; or

        (d)     remove any eligible community of flora or fauna from the Threatened List that is no longer an eligible community of flora or fauna; or

        (e)     amend the Threatened List to change the extinction risk of, or the category of threat that applies to, a taxon of flora or fauna specified in that list; or

        (f)     specify an eligible potentially threatening process in the Processes List; or

        (g)     remove a potentially threatening process from the Processes List that is no longer an eligible potentially threatening process.

    (2)     Before making a recommendation under subsection (1), the Minister must consider the final recommendation of the Committee.

    (3)     For each final recommendation of the Committee, the Minister must—

        (a)     within 60 days after receiving the final recommendation make a decision as to whether or not to support the final recommendation; and

        (b)     if the Minister supports the final recommendation, make a recommendation under subsection (1) in relation to the final recommendation (other than a final recommendation referred to in section 16F(1)(b)(iv) or (v)).

Note

A final recommendation of the Committee in relation to a taxon of flora or fauna referred to in  section 16F(1)(b)(iv) or (v) will not require a recommendation under subsection (1) as there will be no change required to be made to the Threatened List in relation to that taxon.

    (4)     A decision by the Minister under subsection (3) is not made invalid by a failure to make that decision within the 60 day period referred to in that subsection.

    (5)     The Minister must cause—

        (a)     a decision made by the Minister under this section and the reasons for it to be published on the Internet; and

        (b)     a notice of the making of the decision to be published in the Government Gazette.

S. 16H inserted by No. 28/2019 s. 11.