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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 194N

Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister

  (1)   In relation to each item included in the finalised priority assessment list for an assessment period for a Subdivision   A List, the Scientific Committee must (by the time required by section   194P):

  (a)   make a written assessment of:

  (i)   whether the item is eligible for inclusion in the Subdivision   A List; and

  (ii)   if the Subdivision   A List is the list referred to in section   178 or 181--the category of that List in which the item is eligible to be included; and

  (b)   give to the Minister:

  (i)   the written assessment (or a copy of it); and

  (ii)   a copy of the comments referred to in paragraphs   (2)(a) and (b) (whether or not they have all been taken into account under subsection   (2)).

  (2)   In making an assessment in relation to an item, the Scientific Committee, subject to subsections   (3) and (4):

  (a)   must take into account the comments the Committee receives in response to the notice under subsection   194M(1) in relation to the item; and

  (b)   may seek, and have regard to, information or advice from any source.

  (3)   The Scientific Committee is not required to take a comment referred to in paragraph   (2)(a) into account if:

  (a)   the Committee does not receive the comment until after the cut - off date specified in the notice under subsection   194M(1) in relation to the item; or

  (b)   the Committee considers that regulations referred to in paragraph   194M(4)(b) have not been complied with in relation to the comment.

  (4)   In making an assessment, the only matters the Scientific Committee may consider are matters relating to:

  (a)   whether the item is eligible for inclusion in the Subdivision   A List; or

  (b)   the effect that including the item in that List could have on the survival of the native species or ecological community concerned.


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