New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 220N

220N Provisional listing

(1) This section applies to the provisional listing, on an emergency basis, of a species in Part 1 of Schedule 4 as an endangered species, being a species that:

(a) although not previously known to have existed in New South Wales, is believed on current knowledge to be indigenous to New South Wales, or

(b) was presumed to be extinct in New South Wales but has been rediscovered.

(2) The Fisheries Scientific Committee may make a determination for the provisional listing of any such endangered species without complying with sections 220K, 220L (3)-(6) and 220M. The other provisions of this Subdivision apply to and in respect of any such determination.

(2A) The Fisheries Scientific Committee must make a determination about a nomination within 6 months after it is made or, if additional information has been requested, after that information has been provided or the period specified for its provision has expired. Failure to make a determination within that period does not affect the validity of the determination.

(3) An order made for the purpose of provisionally listing the endangered species must provide, in the matter inserted in Schedule 4, that the listing has effect for a specified period (not exceeding 12 months).

(4) The Fisheries Scientific Committee must review the status of any such endangered species in accordance with this Subdivision (including section 220K) as soon as practicable after the species is provisionally listed.