Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:2_5:p1
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/3)
Character Range: 22543–25362

5                                                          Threatening process                                                                     For inclusion in the list mentioned in section 183 of the new Act

Time limit for Scientific Committee to deal with nomination

(3) Subsection 189(4) of the new Act applies in relation to a nominated species or ecological community as if the Threatened Species Scientific Committee had received the nomination under section 191 of that Act from the Minister administering that Act on the later of the following days (or either of them if the days are the same):
 (a) the day the nomination was made under the Species Act;
 (b) the day 6 months before the commencement of the new Act.

Scientific Committee taken to have given advice under new Act

(4) If:
 (a) in performing its function under paragraph 159(1)(a) of the Species Act, the Endangered Species Scientific Subcommittee advised the Minister administering the Species Act to add an item to, or delete an item from, a list in a Schedule to that Act; and
 (b) that Minister had not made a decision on the addition or deletion of the item before the commencement of the new Act;
the Threatened Species Scientific Committee is taken to give corresponding advice under section 189 of the new Act to the Minister administering the new Act on the day on which the relevant list mentioned in the third column of the table in subitem (5) is established.

What is corresponding advice?

(5) The table shows what is corresponding advice taken to have been given by the Threatened Species Scientific Committee.

Corresponding advice
Item                  Advice given by Endangered Species Scientific Subcommittee                        Corresponding advice taken to be given by Threatened Species Scientific Committee
  1                   To add a species to the list in Part 1 of Schedule 1 to the Species Act           To include the species in the category of the list mentioned in paragraph 178(1)(d) of the new Act
  2                   To delete a species from the list in Part 1 of Schedule 1 to the Species Act      To delete the species from the category of the list mentioned in paragraph 178(1)(d) of the new Act
  3                   To add a species to the list in Part 2 of Schedule 1 to the Species Act           To include the species in the category of the list mentioned in paragraph 178(1)(e) of the new Act
  4                   To delete a species from the list in Part 2 of Schedule 1 to the Species Act      To delete the species from the category of the list mentioned in paragraph 178(1)(e) of the new Act
  5                   To add a species to the list in Part 3 of Schedule 1 to the Species Act           To include the species in the category of the list mentioned in paragraph 178(1)(a) of