Section 178 — Environment Protection and Biodiversity Conservation Act 1999: Listing of threatened species

(1) The Minister must, by legislative instrument, establish a list of threatened species divided into the following categories: (a) extinct; (b) extinct in the wild; (c) critically endangered; (d) endangered; (e) vulnerable; (f) conservation dependent. (2) The list, as first established, must contain only the species contained in Schedule 1 to the Endangered Species Protection Act 1992, as in force immediately before the commencement of this Act. (3) The Minister must include: (a) in the extinct category of the list, as first established, only the species mentioned in subsection (2) that were listed as presumed extinct; and (b) in the endangered category of the list, as first established, only the native species mentioned in subsection (2) that were listed as endangered; and (c) in the vulnerable category of the list, as first established, only the species mentioned in subsection (2) that were listed as vulnerable. (4) If the Minister is satisfied that a species included in the list, as first established, in: (a) the extinct category; or (b) the endangered category; or (c) the vulnerable category; is not eligible to be included in that or any other category, or is eligible to be, or under subsection 186(3), (4) or (5) can be, included in another category, the Minister must, within 6 months after the commencement of this Act, amend the list accordingly in accordance with this Subdivision.