Australian Capital Territory
Nature Conservation (Scientific Committee) Appointment 2015 (No 2)
Disallowable instrument DI2015–206
made under the  
Nature Conservation Act 2014, s36 (Scientific committee – appointment of members) and s37 (Scientific committee – chair and deputy chair)
EXPLANATORY STATEMENT

The Nature Conservation Act 2014 (Act) commenced on 11 June 2015. The Act repealed the former Nature Conservation Act 1980 (former Act). 

Under the former Act, there was a Flora and Fauna Committee, whose members were appointed by the Minister upon the Minister being satisfied that the member had appropriate expertise in biodiversity or ecology (refer to DI2012-70). The Minister had also appointed a chair and deputy chair of the Flora and Fauna Committee (DI2012-71). But for the commencement of the Act, and the repeal of the provision establishing the Flora and Fauna Committee, the members of the Flora and Fauna Committee would have served their respective terms until 30 June 2015.

Section 31 of the Act establishes the Scientific Committee. The Scientific Committee has the following functions: 
•	to advise the Minister about nature conservation (section 32(a) of the Act) 
•	to advise the Conservator of Flora and Fauna about nature conservation (section 32(b))
•	to exercise any other function given to the committee under the Act or another territory law (section 32(c)). 
The functions of the newly-established Scientific Committee are broader than those of the former Flora and Fauna Committee established under the former Act. The categories of requisite scientific expertise of its members are also broader than those of the former Flora and Fauna Committee.

This appointment instrument is made under section 36 of the Act. Section 36 of the Act provides that the Minister must appoint seven members to the Scientific Committee, and must ensure that at least four members of the committee are not public servants. The Minister must not appoint a person to the committee unless satisfied that the person has appropriate scientific expertise in biology, ecology, conservation science, or conservation management.

This instrument appoints the following members who are not public servants and who have the scientific expertise indicated:
•	Distinguished Professor Arthur Georges (conservation biology of native Australian species, the ecology, evolution and systematics of Australian reptiles and amphibians)
•	Associate Professor Penny Olsen (ornithologist, wildlife management, behavioural ecology)
•	Dr Barry Richardson (endangerment theory, conservation genetics, conservation policy, mammals and invertebrates)
•	Assistant Professor Jasmyn Lynch (conservation biology, plant ecology, rare and threatened plant species, recovery planning and botanical survey work)
•	Associate Professor Mark Lintermans (ecology and management of aquatic systems, fish and waterbirds, wetlands)
•	Ms Liz Dovey (conservation science and management, climate change science and impacts, threatened species and threatening processes).  

This instrument also appoints Dr Margaret Kitchin who is a public servant and has scientific expertise in fire ecology, native vegetation.

This instrument also appoints the chair and deputy chair of the former Flora and Fauna Committee to be the chair and deputy chair of the Scientific Committee, Distinguished Professor Arthur Georges and Associate Professor Penny Olsen respectively.

The appointment of members of the Scientific Committee, including the chair and the deputy chair is from 1 July 2015 until 30 June 2018. Section 36(5) of the Act requires these appointments to be for a period that is not longer than 3 years.  

This is the second appointment of these persons to the Scientific Committee in 2015.  The first appointment was for a short period to 30 June 2015 for transitional purposes.  

Section 227 of the Legislation Act requires the relevant standing committee of the Legislative Assembly to be consulted as part of the process for appointments by the Minister (with some exceptions). The relevant standing committee has been consulted on the appointments in this instrument.   

Section 36(7) of the Act provides that this appointment instrument is disallowable. Regulatory impact statements (RIS) are ordinarily required for disallowable instruments under section 34 of the Legislation Act. A RIS has not been prepared in this instance as the appointment of the Scientific Committee is an administrative matter which is not likely to impose appreciable costs on the community and as such section 34(1) of the Legislation Act does not apply.