Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 179

  (1)   A native species is eligible to be included in the extinct category at a particular time if, at that time, there is no reasonable doubt that the last member of the species has died.

  (2)   A native species is eligible to be included in the extinct in the wild category at a particular time if, at that time:

  (a)   it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or

  (b)   it has not been recorded in its known and/or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form.

  (3)   A native species is eligible to be included in the critically endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.

  (4)   A native species is eligible to be included in the endangered category at a particular time if, at that time:

  (a)   it is not critically endangered; and

  (b)   it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.

  (5)   A native species is eligible to be included in the vulnerable category at a particular time if, at that time:

  (a)   it is not critically endangered or endangered; and

  (b)   it is facing a high risk of extinction in the wild in the medium - term future, as determined in accordance with the prescribed criteria.

  (6)   A native species is eligible to be included in the conservation dependent category at a particular time if, at that time:

  (a)   the species is the focus of a specific conservation program the cessation of which would result in the species becoming vulnerable, endangered or critically endangered; or

  (b)   the following subparagraphs are satisfied:

  (i)   the species is a species of fish;

  (ii)   the species is the focus of a plan of management that provides for management actions necessary to stop the decline of, and support the recovery of, the species so that its chances of long term survival in nature are maximised;

  (iii)   the plan of management is in force under a law of the Commonwealth or of a State or Territory;

  (iv)   cessation of the plan of management would adversely affect the conservation status of the species.

  (7)   In subsection   (6):

"fish" includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.