Sch 2Endangered Species Protection Act 1992: repeal etc.

Schedule 2—Endangered Species Protection Act 1992: repeal etc. Endangered Species Protection Act 1992 Species Act means the Endangered Species Protection Act 1992. 3  Listing of species, ecological communities and key threatening processes Application (1) Subitems (2) and (3) apply if, immediately before the commencement of the new Act:  (a) an item had been nominated by a person under section 25 of the Species Act for inclusion in a list in Schedule 1, 2 or 3 to that Act; and  (b) the Minister administering that Act had not:  (i) added the item to the list; or  (ii) decided not to add the item to the list. Nominated item to be dealt with under new Act (2) The person is taken to have nominated the item under subsection 191(1) of the new Act, as shown in the following table.   - Purposes for which person is taken to have nominated item - Item Description of item nominated under Species Act Purposes for which person is taken to have nominated item - 1 Species nominated for inclusion in the list in Part 1 of Schedule 1 to the Species Act For inclusion in the category of the list mentioned in paragraph 178(1)(d) of the new Act - 2 Species nominated for inclusion in the list in Part 2 of Schedule 1 to the Species Act For inclusion in the category of the list mentioned in paragraph 178(1)(e) of the new Act - 3 Species nominated for inclusion in the list in Part 3 of Schedule 1 to the Species Act For inclusion in the category of the list mentioned in paragraph 178(1)(a) of the new Act - 4 Ecological community For inclusion in the category of the list mentioned in paragraph 181(1)(b) of the new Act - 5 Threatening process For inclusion in the list mentioned in section 183 of the new Act Time limit for Scientific Committee to deal with nomination (3) Subsection 189(4) of the new Act applies in relation to a nominated species or ecological community as if the Threatened Species Scientific Committee had received the nomination under section 191 of that Act from the Minister administering that Act on the later of the following days (or either of them if the days are the same):  (a) the day the nomination was made under the Species Act;  (b) the day 6 months before the commencement of the new Act. Scientific Committee taken to have given advice under new Act (4) If:  (a) in performing its function under paragraph 159(1)(a) of the Species Act, the Endangered Species Scientific Subcommittee advised the Minister administering the Species Act to add an item to, or delete an item from, a list in a Schedule to that Act; and  (b) that Minister had not made a decision on the addition or deletion of the item before the commencement of the new Act; the Threatened Species Scientific Committee is taken to give corresponding advice under section 189 of the new Act to the Minister administering the new Act on the day on which the relevant list mentioned in the third column of the table in subitem (5) is established. What is corresponding advice? (5) The table shows what is corresponding advice taken to have been given by the Threatened Species Scientific Committee.   - Corresponding advice - Item Advice given by Endangered Species Scientific Subcommittee Corresponding advice taken to be given by Threatened Species Scientific Committee - 1 To add a species to the list in Part 1 of Schedule 1 to the Species Act To include the species in the category of the list mentioned in paragraph 178(1)(d) of the new Act - 2 To delete a species from the list in Part 1 of Schedule 1 to the Species Act To delete the species from the category of the list mentioned in paragraph 178(1)(d) of the new Act - 3 To add a species to the list in Part 2 of Schedule 1 to the Species Act To include the species in the category of the list mentioned in paragraph 178(1)(e) of the new Act - 4 To delete a species from the list in Part 2 of Schedule 1 to the Species Act To delete the species from the category of the list mentioned in paragraph 178(1)(e) of the new Act - 5 To add a species to the list in Part 3 of Schedule 1 to the Species Act To include the species in the category of the list mentioned in paragraph 178(1)(a) of the new Act - 6 To delete a species from the list in Part 3 of Schedule 1 to the Species Act To delete the species from the category of the list mentioned in paragraph 178(1)(a) of the new Act - 7 To add an ecological community to the list in Schedule 2 to the Species Act To include the ecological community in the category of the list mentioned in paragraph 181(1)(b) of the new Act - 8 To delete an ecological community from the list in Schedule 2 to the Species Act To delete the ecological community from the category of the list mentioned in paragraph 181(1)(b) of the new Act - 9 To add a threatening process to the list in Schedule 3 to the Species Act To include the threatening process in the list mentioned in section 183 of the new Act - 10 To delete a threatening process from the list in Schedule 3 to the Species Act To delete the threatening process from the list mentioned in section 183 of the new Act Minister may ask Scientific Committee to review advice (6) The Minister administering Division 1 of Part 13 of the new Act may request the Threatened Species Scientific Committee to review the Endangered Species Scientific Subcommittee’s advice described in subitem (4), and report to that Minister on the review, within 3 months. If that Minister does so:  (a) the Committee is not taken to have given corresponding advice as described in that subitem; and  (b) subsections 189(2) and (3) of the new Act apply in relation to the Committee as if that Minister had sought the Committee’s advice under subsection 189(1) of that Act in relation to the matter that was the subject of the Subcommittee’s advice; and  (c) subsections 189(5) and (6) of the new Act apply as if the Committee’s report were advice to that Minister. Time limit for Minister to request review (7) The Minister must not make a request for review of advice to add an item to, or delete an item from, a list more than 90 days after the day on which the relevant list mentioned in the third column of the table in subitem (5) is established. Relationship between subitems (8) Subitem (6) has effect despite subitems (3) and (4). 4  Continuation of recovery plans and threat abatement plans Continuation of recovery plans (1) A recovery plan or threat abatement plan that was approved or adopted under the Species Act and was in force under that Act immediately before the commencement of the new Act has effect for the purposes of the new Act as if the plan had been made or adopted under the new Act. Review of continued plans (2) Subsection 279(2) of the new Act applies in relation to the plan as if the intervals were measured from the day the plan was adopted or approved under the Species Act. Continued plan need not deal with certain matters before review (3) This item has effect in relation to a plan before the first review of the plan under section 279 of the new Act, even if the plan does not comply with subsection 270(2) or 271(2) (as appropriate) of the new Act. 5  Continued preparation of recovery plans and threat abatement plans (1) If, before the commencement of the new Act, the Director had complied with section 39 of the Species Act in relation to a draft plan and the Minister administering that Act had not approved the plan under that Act, the Minister administering the new Act need not comply with section 275 of the new Act before making a plan under Subdivision A of Division 5 of Part 13 of the new Act that is based on the draft plan. (2) The Minister administering the new Act may make the plan even if he or she has not received advice described in paragraph 274(1)(b) of the new Act. 6  Conservation agreements For the purposes of the new Act, a conservation agreement made under the Species Act has effect as if:  (a) it had been made under the new Act; and  (b) any reference in it to the Director (as defined in the Species Act) were a reference to the Minister administering the new Act. 7  Conservation orders Continuation of permanent and interim conservation orders (1) For the purposes of the new Act, a permanent conservation order or interim conservation order in force under the Species Act immediately before the commencement of the new Act has effect as if it were a conservation order made under Division 13 of Part 17 of the new Act. Expiry of interim conservation orders (2) However, an interim conservation order does not have effect after the last day on which it could have had effect under the Species Act if the Species Act had not been repealed. Reconsideration of permanent and interim conservation orders (3) If, before the commencement of the new Act:  (a) the Minister administering the Species Act made a permanent conservation order or an interim conservation order under the Species Act; and  (b) a person applied to that Minister under the Species Act for reconsideration of the order or for reconsideration of a decision on review of the order; and  (c) that Minister had not confirmed, varied or revoked the order or decision; that Minister must not confirm, vary or revoke the order or decision, despite section 8 of the Acts Interpretation Act 1901. Minister’s advice about conservation orders (4) For the purposes of the new Act, advice given under Division 4 of Part 6 of the Species Act by the Minister administering the Species Act in relation to a permanent conservation order or an interim conservation order has effect as if it had been given under Division 13 of Part 17 of the new Act. Continuation of impact assessment conservation orders (5) Despite the repeal of the Species Act, an impact assessment conservation order that was in force under the Species Act immediately before its repeal continues to have effect in relation to an action to which Part 3 of the new Act does not apply because of item 4, 5 or 8 of Schedule 1 to this Act as if the following provisions had not been repealed:  (a) Division 3 of Part 5 of the Species Act;  (b) the other provisions of the Species Act, so far as they relate to impact assessment conservation orders. Modification of provisions of Species Act (6) The provisions mentioned in paragraphs (5)(a) and (b) apply for the purposes of subitem (5) as if:  (a) a reference in those provisions to the Director were a reference to the Secretary to the Department administering Division 13 of Part 17 of the new Act; and  (b) a reference in those provisions to the Minister were a reference to the Minister administering that Division; and  (c) a reference in those provisions to the Environment Protection (Impact of Proposals) Act 1974 were a reference to that Act as it continues to apply because of Part 2 of Schedule 3 to this Act; and  (d) a reference in those provisions to the EPIP administrative procedures were a reference to the Administrative Procedures that apply because of Part 2 of Schedule 3 to this Act. 8  Permits (1) Despite the repeal of the Species Act:  (a) a permit that was issued under that Act and was in force immediately before the repeal of that Act continues in force for the period for which it would have been in force if that Act had not been repealed; and  (b) that Act (as in force immediately before its repeal) continues to operate in relation to the permit and the action covered by the permit as if:  (i) references in that Act to the Director were references to the Secretary to the Department administering Division 1 of Part 13 of the new Act; and  (ii) references in the Species Act to the Minister were a reference to the Minister administering that Division. (2) If, before the commencement of the new Act:  (a) a person applied under the Species Act to the Minister administering that Act for reconsideration of a decision by the Director relating to a permit under the Species Act; and  (b) that Minister had not confirmed, varied or revoked the decision; that Minister must not confirm, vary or revoke the order or decision, despite subitem (1) and section 8 of the Acts Interpretation Act 1901.