75Listing of taxa of flora and fauna

75 Listing of taxa of flora and fauna (1) On and after the commencement day, a taxon of flora or fauna that is specified in the old Threatened List immediately before that day is taken to be specified in the Threatened List under section 10(1) of this Act until an Order under subsection (12) is made in relation to the taxon. (2) If the Minister is satisfied that a taxon of flora or fauna, which is listed in the old Threatened List immediately before the commencement day, is eligible to be specified in the Threatened List in a particular category of threat, the Minister may recommend that the Governor in Council specify the taxon in the Threatened List— (a) if the taxon is at risk of extinction in Australia, as being at risk of extinction in Australia in that category of threat; or (b) if the taxon is not at risk of extinction in Australia, as being at risk of extinction in Victoria in that category of threat. (3) If the Minister is satisfied that a taxon of flora or fauna, which is listed in the Federal List but not in the old Threatened List immediately before the commencement day, is eligible to be specified in the Threatened List on the basis of its risk of extinction in Australia in a particular category of threat, the Minister may recommend that the Governor in Council specify the taxon in the Threatened List as being at risk of extinction in Australia in that category of threat. (4) If the Minister is satisfied that a taxon of flora or fauna, which is listed on an advisory list but not in the old Threatened List or the Federal List immediately before the commencement day, is eligible to be specified in the Threatened List in a particular category of threat, the Minister may recommend that the Governor in Council specify the taxon in the Threatened List— (a) if the taxon is at risk of extinction in Australia, as being at risk of extinction in Australia in that category of threat; or (b) if the taxon is not at risk of extinction in Australia, as being at risk of extinction in Victoria in that category of threat. (5) If the Minister is satisfied that a taxon of flora or fauna, which is listed in the old Threatened List immediately before the commencement day, is no longer eligible to be specified in the Threatened List, the Minister may recommend that the Governor in Council remove the taxon from the Threatened List. (6) The Minister must, in deciding whether a taxon of flora or fauna is eligible to be specified in the Threatened List under subsection (2), (3) or (4) or in deciding whether to remove a taxon of flora or fauna from the Threatened List under subsection (5), take into account the relevant eligibility criteria prescribed for the purposes of Division 2 of Part 3. (7) The Minister must make a recommendation under subsection (2), (3), (4) or (5) within 12 months after the commencement day. (8) The Minister may request advice from the Committee on making a recommendation under subsection (7). (9) The Committee must provide advice to the Minister within 60 days after a request under subsection (8). (10) If the Committee provides advice to the Minister in accordance with subsection (9), the Minister must take into account the advice before making the relevant recommendation under subsection (7). (11) Division 3 of Part 3 does not apply in respect of a recommendation to the Governor in Council made by the Minister under this section. (12) The Governor in Council may by Order published in the Government Gazette in accordance with a recommendation of the Minister under this section— (a) change the extinction risk that applies to a taxon of flora or fauna that is specified in the Threatened List and apply the relevant category of threat to the taxon; or (b) specify a taxon of flora or fauna in the Threatened List setting out the relevant extinction risk of the taxon and the relevant category of threat that applies to the taxon; or (c) remove a taxon of flora or fauna from the Threatened List. (13) An Order made by the Governor in Council under subsection (12)— (a) on the recommendation of the Minister under subsection (2), is taken to be an Order made under section 10(5) of this Act; and (b) on the recommendation of the Minister under subsection (3) or (4), is taken to be an Order made under section 10(2) of this Act; and (c) on the recommendation of the Minister under subsection (5), is taken to be an Order made under section 10(4) of this Act. (14) In this section— ***advisory list*** means any of the following advisory lists kept by the Department— (a) Advisory list of rare or threatened plants in Victoria—2014; (b) Advisory list of threatened vertebrate fauna in Victoria—2013; (c) Advisory list of threatened invertebrate fauna in Victoria—2009; These advisory lists are located on the Internet site of the Department. ***Federal List*** means the list of threatened species referred to in section 178 of the Commonwealth Act. S. 76 inserted by No. 28/2019 s. 43.