90Minister’s decision—omit item

90 Minister’s decision—omit item (1) The Minister may omit an item from a list only if satisfied that— (a) the item is no longer eligible to be included in the list; or

(b) for a native species or ecological community—the inclusion of the item in the list is not contributing, or will not contribute, to the survival of the item. (2) In deciding whether to omit an item from a list, the Minister may only (c) if the item is a species or ecological community—the effect that the inclusion of the item in the list is having, or may have, on the survival of the item.

Division 4.4.3 Including or transferring certain nationally threatened items Division 4.4.3 Including or transferring certain nationally threatened items 90A Minister may include or transfer nationally threatened items without nomination (1) This section applies to a nationally threatened item that is a Commonwealth listed item or a State assessed item (a relevant item). (2) The Minister may, without a nomination— (a) include a relevant item in a list; or (b) transfer a relevant item from 1 category in a list to another category in a list. (3) Before including a relevant item in, or transferring a relevant item within, a list, the Minister must— (a) consult with the scientific committee; and (b) consider any recommendations of the scientific committee. (4) A relevant item may only be included in, or transferred to, a national category in a list that corresponds with— (a) for a Commonwealth listed item—the category in which the Commonwealth lists the item; and (b) for a State assessed item—the category in which the State assesses the item is eligible to be listed. (5) If the Minister decides to include a relevant item in, or transfer a relevant item within, a list under this section, the Minister must— (a) revise the list; and (b) prepare a final version of the list. Note The final version of the list is a notifiable instrument (see s 91).

Conservation advice Division 4.4.4