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NATURE CONSERVATION ACT 1980 (REPEALED) - SECT 33 Special protection status

This legislation has been repealed.

NATURE CONSERVATION ACT 1980 (REPEALED) - SECT 33

Special protection status

    (1)     The conservator may declare the members of a species of migratory animal to have special protection status if the protection of the species is the object, or part of the object, of an Act of the Commonwealth, or of an international agreement (however described) entered into by the Commonwealth.

    (2)     The conservator shall declare the members of a species of native animal or native plant to have special protection status if—

        (a)     he or she believes on reasonable grounds that the species is threatened with extinction; or

        (b)     the Minister makes a declaration under section 38 that the species is endangered.

    (3)     A declaration under this section is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001

.

    (4)     In this section:

"migratory animal" means a migratory animal that periodically or occasionally visits Australia, the Australian coastal sea or the sea over the continental shelf of Australia.