Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
63 Threatened native species list—categories
(1) The Minister must make a threatened native species list.
(2) The list must contain the species eligible to be included in 1 of the following categories (a national category ) in the list:
(a) extinct;
(b) extinct in the wild;
(c) critically endangered;
(d) endangered;
(e) vulnerable;
(f) conservation dependent.
(3) The list may contain the species eligible to be included in 1 of the following categories (a regional category ) in the list:
(b) regionally conservation dependent;
(c) provisional.
64 Threatened native species list—eligibility for national categories
(1) A native species is eligible to be included in the extinct category in the threatened native species list if, assessed at a national scale, there is no reasonable doubt that the last member of the species has died.
(2) A native species is eligible to be included in the extinct in the wild category in the threatened native species list if, assessed at a national scale—
(a) it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or
(b) it has not been recorded in its known or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form.
(3) A native species is eligible to be included in the critically endangered category in the threatened native species list if, assessed at a national scale, it is facing an extremely high risk of extinction in the wild in the immediate future.
(4) A native species is eligible to be included in the endangered category in the threatened native species list if, assessed at a national scale—
(a) it is not critically endangered; but
(b) it is facing a very high risk of extinction in the wild in the near future.
(5) A native species is eligible to be included in the vulnerable category in the threatened native species list if, assessed at a national scale—
(a) it is not critically endangered or endangered; but
(b) it is facing a high risk of extinction in the wild in the medium-term future.
(6) A native species is eligible to be included in the conservation dependent category in the threatened native species list if—
(a) it is a fish; and
(b) it is the subject of a plan of management, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999
(Cwlth), that identifies actions necessary to stop the decline of, and support the recovery of, the species to maximise its chances of long-term survival in the wild; and
(c) the plan of management is in force under a law of the Commonwealth, the Territory or a State; and
(d) the ending of the plan may result in the species becoming vulnerable, endangered or critically endangered.
(7) In this section:
"assessed at a national scale", for an item—see section 80.
Note Item includes a species (see s 80).
"fish" includes all species of bony fish, sharks, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
64A Threatened native species list—eligibility for regional categories
(1) A native species is eligible to be included in the regionally threatened category in the threatened native species list if—
(a) the species occurs or is likely to occur in the ACT; and
(b) there are threatened native species list criteria for the category; and
(c) the species satisfies the threatened native species list criteria for the category.
(2) A native species is eligible to be included in the regionally conservation dependent category in the threatened native species list if—
(a) the species occurs or is likely to occur in the ACT; and
(b) there are threatened native species list criteria for the category; and
(c) the species satisfies the threatened native species list criteria for the category.
(3) A native species is eligible to be included in the provisional category in the threatened native species list if—
(a) there is a significant decline in the number of members of the species in the ACT or surrounding region; or
(b) the species—
(i) occurs or is likely to occur in the ACT or surrounding region; and
(ii) is listed as a threatened native species under a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(c) the species was listed in the extinct category of the threatened native species list but has been definitely located in nature in the ACT or surrounding region since it was last listed as extinct.
Note See also s 97 about rediscovery of species that were extinct.
(4) A native species is no longer eligible to be included in the provisional category in the threatened species list if it has been in the category for 18 months.
(5) A native species is not eligible to be included in a regional category in the threatened native species list if—
(a) it is eligible to be included in a national category in the list; or
(b) it is included in the protected native species list.
Note Protected native species list —see s 111.
(6) However, a native species that is eligible to be included in the extinct category or extinct in the wild category in the threatened native species list may be included in a regional category in the list if the species is introduced or reintroduced into the ACT.
Note Species includes a distinct population of biological entities prescribed by regulation to be a species (see s 15, def "species", s (1) (b) (ii)).