The NSW Threatened Species Conservation Act 1995 (TSC Act) is unique and effective in Australian jurisdictions in recognising threatened populations. Section 11 of the TSC Act provides for the listing of endangered populations. There were 28 endangered populations listed under the TSC Act (January 2003) for which there were two approved recovery plans, one publicly exhibited draft plan and four plans in preparation. Monitoring was being undertaken for only six populations. The TSC Act would be strengthened by: (i) adding an objective which states that recognising threatened entities is fundamental to the legislation; (ii) changing the definition of population to make it consistent with IUCN terminology; (iii) simplifying Section 11; (iv) better resourcing for faster preparation of plans and their implementation; and (v) including population monitoring in all recovery plans. The process of saving threatened species is occurring at the level of population; for example, through priority sites for threat abatement, translocation, replicates for research treatments and habitat protection. The objective of recognising and the process of listing threatened populations are fundamental to sound threatened species legislation.