The 10 Lords of the Universe - the New South Wales TSC Act's Scientific Committee

Abstract

The question as to whom should the authority to determine listing and delisting of species, populations, ecological communities and key threatening processes that affects the state's wildlife (flora and fauna) be delegated, for what purpose and what priority we should place them in relation to all of society's needs, is a fundamental and an important one. The authority for setting up the Scientific Committee of the Threatened Species Conservation Act (New South Wales) 1995 is examined. Its functions and the individuals that make up this Committee, who they represent and the determinations this Committee has reached so far are discussed. The implications for the listing of species, populations and ecological communities with some of the more serious problems such listings have caused are outlined with particular reference to the application of the 8-Point Test under s 5A of the Environmental Planning and Assessment Act 1979. These practical difficulties aside, the fundamental question still remains; Can the New South Wales State Parliament delegate its legislative powers for peace, welfare and good government, to a lower authority that is not directly elected by the people, accountable to no one and that has no propriety interest in the subject matter? Thus a question of Constitutional validity of all or part of the TSC Act arises.