Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_360
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 360
Character Range: 191944–193652

360  Subsections 186(1) and (2)
Repeal the subsections, substitute:

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.

Note: The following heading to subsection 186(3) is inserted "Including similar species to an eligible species".