New South Wales Consolidated Acts

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 23A

23A Minister’s response to proposed final determination

(1) Within 2 months after receiving notice from the Scientific Committee of a proposed final determination, the Minister may:

(a) notify the Scientific Committee that the Minister has decided not to refer the proposed determination back to the Scientific Committee for further consideration, or

(b) refer the proposed final determination back to the Scientific Committee for further consideration.

(2) The Minister may only refer a matter back to the Scientific Committee for reasons of a scientific nature provided to the Scientific Committee. In the case of a nomination, the Scientific Committee is to notify the person who made the nomination that the matter has been referred back to the Scientific Committee and of the Minister’s reasons for doing so.

(3) If a proposed final determination is referred back to the Scientific Committee for further consideration:

(a) the Scientific Committee may, after further considering it, decide to proceed with the final determination, to change the final determination or not to proceed with the final determination, and

(b) the Scientific Committee is to make that decision within 3 months, and

(c) the Minister cannot refer the matter back to the Scientific Committee again after it has made that decision.

(4) Failure to make a decision within the period required by this section does not affect the validity of the decision.