New South Wales Consolidated Acts

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 22

22 Scientific Committee’s preliminary determination

(1) The Scientific Committee, after considering a proposal raised on its own initiative or in response to a request from the Minister or a nomination by another person, must make a preliminary determination as to whether the proposal should be supported or not supported.

(2) As soon as possible after making a preliminary determination, the Scientific Committee must:

(a) in a case involving a nomination, notify the person who made the nomination, the Minister and the Director-General, and

(b) in a case of a proposal raised on its own initiative or in response to a request from the Minister, notify the Minister and the Director-General, and

(c) publish notice of its preliminary determination in a newspaper circulating generally throughout the State and, if the determination is likely to affect a particular area or areas (other than the State as a whole), in a newspaper circulating generally in that area or areas, and

(d) publish notice of the making of the preliminary determination in the Gazette.

(3) The notice must:

(a) state that the preliminary determination has been prepared, and

(b) specify the manner in which members of the public may obtain a copy of the determination and the reasons for it, and

(c) invite persons to make written submissions to the Scientific Committee about the determination, and

(d) specify the address of the place to which submissions about the determination may be forwarded and the date by which submissions must be made.

(4) The notice must specify the date by which and the address of the place to which any person may forward written submissions to the Scientific Committee about a preliminary determination.

(5) The Scientific Committee must consider all written submissions received by it on or before the date specified in the notice, being a date occurring not less than 30 days and not more than 150 days after the date on which the notice was first published under this section.

(6) Copies of a preliminary determination and the reasons for it are to be made available to members of the public (free of charge) as follows:

(a) by publication on the internet site of the National Parks and Wildlife Service,

(b) in response to a request made by contacting an office of the National Parks and Wildlife Service in a manner specified in the notice of the determination,

(c) in response to a request made in person at an office of the National Parks and Wildlife Service at an address specified in the notice of the determination.

(7) The reasons for a preliminary determination are to include reference to such of the criteria prescribed by the regulations under sections 10-13 as may be relevant to the determination.