Section 209 — Environment Protection and Biodiversity Conservation Act 1999: Listed migratory species

(1) The Minister must: (a) establish a list of migratory species for the purposes of this Act; and (b) amend the list, as necessary, so that it includes all species required to be included in the list under subsection (3). (2) The Minister must establish the list within 30 days after the commencement of this Act. (3) The list must include: (a) all migratory species that are: (i) native species; and (ii) from time to time included in the appendices to the Bonn Convention; and (b) all migratory species from time to time included in annexes established under JAMBA and CAMBA; and (c) all native species from time to time identified in a list established under, or an instrument made under, an international agreement approved by the Minister under subsection (4). The list must not include any other species. (4) The Minister may, by legislative instrument, approve an international agreement for the purposes of subsection (3) if satisfied it is an agreement relevant to the conservation of migratory species. (6) The Minister may correct an inaccuracy or update the name of a migratory species. (7) The list of migratory species made under subsection (1), and any amendments to the list made under paragraph (1)(b) or subsection (6), are legislative instruments, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the list or any amendments. Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the list or any amendments. See regulations made for the purposes of paragraph 54(2)(b) of that Act. (8) In this Act: migratory species has the meaning given by Article I of the Bonn Convention.