59What cannot be declared under this Part?

59 What cannot be declared under this Part?

S. 59(1) substituted by No. 61/2003 s. 16(2), amended by No. 28/2019 s. 45(1).

(1) The Minister cannot recommend a plant under section 58 or declare a plant under section 58A if it is part of a taxon of flora or community of flora specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988.

(2) The Minister cannot recommend for declaration under this Part—

(a) fish; or

(b) an invertebrate animal.

S. 59(3) amended by No. 48/2010 s. 7.

(3) The Minister cannot recommend an animal for declaration under this Part or declare an animal under section 58B if it is—

S. 59(3)(a) amended by Nos 61/2003 s. 16(3), 28/2019 s. 45(2).

(a) part of a taxon of fauna or community of fauna specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988; or

(b) declared to be endangered wildlife or notable wildlife under the Wildlife Act 1975.

(4) The Minister must not recommend an animal for declaration under this Part if the Minister is satisfied that—

(b) it is widely kept in Victoria as a domestic animal, pet or farm animal, or for a prescribed purpose; and

(c) there is no public interest requiring control of its importation, keeping or sale.

(5) Subsection (4) does not prevent the recommendation for declaration under this Part of the feral or wild population of an animal referred to in that subsection.