New South Wales Consolidated Acts

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 5A

5A Relationship between this Act and Part 7A of the Fisheries Management Act 1994

(1) The Minister may, by order made with the concurrence of the Minister administering the Fisheries Management Act 1994 :

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

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

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

(3) The Minister and the Minister administering the Fisheries Management Act 1994 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 Scientific Committee, the Chairperson of the Fisheries 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 Part 2 of this Act.

(8) In this section:
"fish" means any fish (within the meaning of the Fisheries Management Act 1994 ) that is indigenous to New South Wales.
"freshwater" has the same meaning as in the Fisheries Management Act 1994 .
"marine vegetation" means any marine vegetation (within the meaning of the Fisheries Management Act 1994 ) that is indigenous to New South Wales.