Queensland Numbered Acts

ENVIRONMENTAL PROTECTION (GREAT BARRIER REEF PROTECTION MEASURES) AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 31

31 Replacement of ss 76–78

Sections 76 to 78 —
omit, insert—

76 Native wildlife may be prescribed as extinct wildlife A regulation may prescribe native wildlife as extinct wildlife if there is no reasonable doubt the last member of the species has died.

77 Native wildlife may be prescribed as extinct in the wild wildlife A regulation may prescribe native wildlife as extinct in the wild wildlife if—

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

(b) the wildlife is not known to survive in its known or expected habitat, in its past range, over a period appropriate to the life cycle or form of the wildlife.

78 Native wildlife may be prescribed as critically endangered wildlife

A regulation may prescribe native wildlife as critically endangered wildlife if—

(a) the wildlife has undergone or is suspected to have undergone a very large reduction in numbers; or

(b) it is likely that a very large reduction in the wildlife’s numbers is imminent; or

(c) the wildlife’s geographic distribution is—

(i) precarious for the survival of the wildlife; and

(ii) very restricted; or

(d) the estimated total number of mature individuals is very low and it is likely the number will—

(i) continue to decline at a very high rate; or

(ii) continue to decline and its geographic distribution is precarious for the survival of the wildlife; or

(e) the estimated total number of mature individuals is extremely low; or

(f) the probability of the wildlife’s extinction in the wild is at least 50% in the immediate future.

78A Native wildlife may be prescribed as endangered wildlife

(1) A regulation may prescribe native wildlife as endangered wildlife if the wildlife is not critically endangered and any of the following apply—

(a) the wildlife has undergone or is suspected to have undergone a large reduction in numbers;

(b) it is likely that a large reduction in the wildlife’s numbers is imminent;

(c) the wildlife’s geographical distribution is—

(i) precarious for the survival of the wildlife; and

(ii) restricted;

(d) the estimated total number of mature individuals is low and it is likely the number will—

(i) continue to decline at a high rate; or

(ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;

(e) the estimated total number of mature individuals is very low;

(f) the probability of the wildlife’s extinction in the wild is at least 20% in the near future.

(2) In this section—

"critically endangered" , in relation to wildlife, means the wildlife falls within a description mentioned in section 78.

78B Native wildlife may be prescribed as vulnerable wildlife

(1) A regulation may prescribe native wildlife as vulnerable wildlife if the wildlife is not critically endangered or endangered and any of the following apply—

(a) the wildlife has undergone or is suspected to have undergone a moderate reduction in numbers;

(b) it is likely a moderate reduction in the wildlife’s numbers is imminent;

(c) the wildlife’s geographical distribution is—

(i) precarious for the survival of the wildlife; and

(ii) limited;

(d) the estimated total number of mature individuals is limited and it is likely the number will—

(i) continue to decline at a substantial rate; or

(ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;

(e) the estimated total number of mature individuals is low;

(f) the probability of the wildlife’s extinction in the wild is at least 10% in the medium-term future.

(2) In this section—

"critically endangered" , in relation to wildlife, means the wildlife falls within a description mentioned in section 78.

"endangered" , in relation to wildlife, means the wildlife falls within a description mentioned in section 78A(1).