10The Threatened List

10 The Threatened List (1) The Governor in Council, in accordance with this section, must establish and maintain a list [[1]](#endnote-2)— (a) of threatened taxa of flora and fauna that sets out— (i) the extinction risk of each listed taxon; and (ii) the category of threat that applies to each listed taxon; and (b) of threatened communities of flora or fauna. (2) The Governor in Council— (a) may specify in the list under subsection (1)(a) any taxon of flora or fauna that the Minister, under Division 3, recommends should be specified in the list; and (b) for each taxon specified in the list under subsection (1)(a), must set out, in accordance with the Minister's recommendation under Division 3— (i) the extinction risk of the taxon; and (ii) the category of threat that applies to the taxon. (3) The Governor in Council may specify in the list under subsection (1)(b) any community of flora or fauna that the Minister, under Division 3, recommends should be specified in the list. (4) The Governor in Council— (a) may remove any taxon of flora or fauna from the list under subsection (1)(a) that the Minister, under Division 3, recommends to be removed from the list; and (b) may remove any community of flora or fauna from the list under subsection (1)(b) that the Minister, under Division 3, recommends should be removed from the list. (5) The Governor in Council may amend the list under subsection (1)(a) to change the extinction risk of, or category of threat that applies to, a taxon of flora or fauna specified in the list, if the Minister, under Division 3, so recommends. (6) The Governor in Council may make a minor amendment to the list under subsection (1)(a) or (b) if the Minister, under section 16I, so recommends. (7) A decision of the Governor in Council under this section must be made by Order and published in the Government Gazette. Under section 16G(2), the Minister must consider the Committee's final recommendation before making a recommendation to the Governor in Council that an Order be made under this section. S. 11 substituted by No. 28/2019 s. 11.