Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_38:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 38 (pt 1/2)
Character Range: 625018–627662

38  Section 191 nominations made before the species commencement time

(1) This item applies if, before the species commencement time:
 (a) an item had been nominated under section 191 of the old EPBC Act for inclusion in a list referred to in section 178, 181 or 183 of the old EPBC Act; and
 (b) the Minister had not decided whether to include the item in the list.

(2) The nomination is taken to have been made, for the purposes of the amended EPBC Act, in response to the invitation under section 194E of the amended EPBC Act in relation to the first assessment period for the list.

(3) The regulations referred to in paragraphs 194E(3)(b) and (c) of the amended EPBC Act are taken to have been complied with in relation to the nomination.

Note: For the item to have been nominated under section 191 of the old EPBC Act, the nomination must have been made in accordance with the regulations made for the purposes of that section.

(4) If, before the species commencement time, the nomination had been forwarded to the Scientific Committee under section 191 of the old EPBC Act, the Minister is taken, for the purposes of section 194F of the amended EPBC Act, to have given the nomination to the Scientific Committee in relation to the first assessment period for the list.

Note 1: If under this subitem the Minister is taken, for the purposes of section 194F of the amended EPBC Act, to have given the nomination to the Scientific Committee, the Committee must then decide whether to include the item on the proposed priority assessment list for the first assessment period (see section 194G of the amended EPBC Act).

Note 2: If the nomination had not been forwarded to the Scientific Committee before the species commencement time, section 194F of the amended EPBC Act requires the Minister to give the nomination to the Scientific Committee together with the other nominations in relation to the first assessment period.

(5) The Minister, and the Scientific Committee, may take into account, in dealing with the nomination, any information that was obtained in relation to the nomination under the old EPBC Act.

(6) If the Minister determines, in writing, that this subitem applies in relation to the nomination of the item, then, in relation to that nomination of the item:
 (a) the Scientific Committee is taken to have complied with section 194M of the amended EPBC Act; and
 (b) paragraph 194N(2)(a) and subsection 194N(3) of the amended EPBC Act do not apply.

(7) If:
 (a) the Scientific Committee had, before the species commencement time, given the Minister advice about the nomination in accordance with section 189 of the