Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014 - SECT 64

Threatened native species list—eligibility for national categories

    (1)     A native species is eligible to be included in the extinct category in the threatened native species list if, assessed at a national scale, there is no reasonable doubt that the last member of the species has died.

    (2)     A native species is eligible to be included in the extinct in the wild category in the threatened native species list if, assessed at a national scale

        (a)     it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or

        (b)     it has not been recorded in its known or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form.

    (3)     A native species is eligible to be included in the critically endangered category in the threatened native species list if, assessed at a national scale, it is facing an extremely high risk of extinction in the wild in the immediate future.

    (4)     A native species is eligible to be included in the endangered category in the threatened native species list if, assessed at a national scale

        (a)     it is not critically endangered; but

        (b)     it is facing a very high risk of extinction in the wild in the near future.

    (5)     A native species is eligible to be included in the vulnerable category in the threatened native species list if, assessed at a national scale

        (a)     it is not critically endangered or endangered; but

        (b)     it is facing a high risk of extinction in the wild in the medium-term future.

    (6)     A native species is eligible to be included in the conservation dependent category in the threatened native species list if—

        (a)     it is a fish; and

        (b)     it is the subject of a plan of management, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999

(Cwlth), that identifies actions necessary to stop the decline of, and support the recovery of, the species to maximise its chances of long-term survival in the wild; and

        (c)     the plan of management is in force under a law of the Commonwealth, the Territory or a State; and

        (d)     the ending of the plan may result in the species becoming vulnerable, endangered or critically endangered.

    (7)     In this section:

"assessed at a national scale", for an item—see section 80.

Note     Item includes a species (see s 80).

"fish" includes all species of bony fish, sharks, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.



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