New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 220BA

220BA Relationship of Part to Threatened Species Conservation Act 1995

(1) The Minister may, by order made with the concurrence of the Minister administering the Threatened Species Conservation Act 1995 :

(a) declare a species of animal to be a species of fish for the purposes of this Act if it is an invertebrate and it is a species that may inhabit water at some stage of its biological development, or

(b) declare a species of plant to be a species of marine vegetation for the purposes of this Act if it is a species that may inhabit water (other than freshwater) at some stage of its biological development.

(2) Any species of animal or plant that is the subject of an order in force under this section is taken to be a species of fish or marine vegetation for the purposes of this Part, in accordance with the terms of the order.

(3) The Minister and the Minister administering the Threatened Species Conservation Act 1995 may at any time consult with each other for the purpose of determining whether an order under this section should be made and the terms of the order.

(4) The Ministers may also consult with the Chairperson of the Fisheries Scientific Committee, the Chairperson of the Threatened Species Scientific Committee and any other person or body before making an order under this section.

(5) If the Ministers are unable to resolve any dispute between them as to the making or the terms of an order under this section, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.

(6) An order under this section is to be published in the Gazette.

(7) For avoidance of doubt, an order under this section does not require the species concerned to be listed under this Part.

(8) In this section:
"animal" means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, in any stage of biological development, but does not include humans.
"plant" means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens.