Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_194n
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 194N
Character Range: 219075–220953

194N  Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister

 (1) In relation to each item included in the finalised priority assessment list for an assessment period for a Subdivision A List, the Scientific Committee must (by the time required by section 194P):
 (a) make a written assessment of:
 (i) whether the item is eligible for inclusion in the Subdivision A List; and
 (ii) if the Subdivision A List is the list referred to in section 178 or 181—the category of that List in which the item is eligible to be included; and
 (b) give to the Minister:
 (i) the written assessment (or a copy of it); and
 (ii) a copy of the comments referred to in paragraphs (2)(a) and (b) (whether or not they have all been taken into account under subsection (2)).

 (2) In making an assessment in relation to a place, the Scientific Committee, subject to subsections (3) and (4):
 (a) must take into account the comments the Committee receives in response to the notice under subsection 194M(1) in relation to the item; and
 (b) may seek, and have regard to, information or advice from any source.

 (3) The Scientific Committee is not required to take a comment referred to in paragraph (2)(a) into account if:
 (a) the Committee does not receive the comment until after the cut‑off date specified in the notice under subsection 194M(1) in relation to the item; or
 (b) the Committee considers that regulations referred to in paragraph 194M(4)(b) have not been complied with in relation to the comment.

 (4) In making an assessment, the only matters the Scientific Committee may consider are matters relating to:
 (a) whether the item is eligible for inclusion in the Subdivision A List; or
 (b) the effect that including the item in that List could have on the survival of the native species or ecological community concerned.