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.