Document ID: chunk:federal_register_of_legislation:C2024C00598:section:186:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 186 (pt 1/2)
Character Range: 485970–488719

186  Amending list of threatened native species

Including native species in a category
 (1) Subject to subsections (3), (4) and (5), the Minister must not include (whether as a result of a transfer or otherwise) a native species in a particular category unless satisfied that the native species is eligible to be included in that category.
 (2) In deciding whether to include a native species in a particular category (whether as a result of a transfer or otherwise), the only matters the Minister may consider are matters relating to:
 (a) whether the native species is eligible to be included in that category; or
 (b) the effect that including the native species in that category could have on the survival of the native species.

Deleting native species from a category
 (2A) The Minister must not delete (whether as a result of a transfer or otherwise) a native species from a particular category unless satisfied that:
 (a) the native species is no longer eligible to be included in that category; or
 (b) the inclusion of the native species in that category is not contributing, or will not contribute, to the survival of the native species.
 (2B) In deciding whether to delete a native species from a particular category (whether as a result of a transfer or otherwise), the only matters the Minister may consider are matters relating to:
 (a) whether the native species is eligible to be included in that category; or
 (b) the effect that the inclusion of the native species in that category is having, or could have, on the survival of the native species.

Including similar species to an eligible species
 (3) The Minister may include a native species in the critically endangered category if satisfied that:
 (a) it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(3)) that it is difficult to differentiate between the 2 species; and
 (b) this difficulty poses an additional threat to the last‑mentioned species; and
 (c) it would substantially promote the objects of this Act if the first‑mentioned species were regarded as critically endangered.
 (4) The Minister may include a native species in the endangered category if satisfied that:
 (a) it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(4)) that it is difficult to differentiate between the 2 species; and
 (b) this difficulty poses an additional threat to the last‑mentioned species; and
 (c) it would substantially promote the objects of this Act if the first‑mentioned species were regarded as endangered.
 (5) The Minister may include a native species