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The paper examines the Commonwealth and New South Wales threatened species legislation from the perspective of local communities and a local government seeking to protect threatened species. Both the Commonwealth and State legislation are identified potentially to be useful tools, providing ample opportunities for involvement in protecting threatened species and ecological communities and their habitats. However, groups and individuals in the community who have an interest in conserving these key elements of unique natural environments are disengaging. Ministerial discretion is undermining commitment to the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999 and the NSW Threatened Species Conservation Act 1995. Local Governments, faced with a growing suite of State and Commonwealth demands, have scarcely begun to engage with Commonwealth threatened species legislation, even though Matters of National Environmental Significance addressed by the Commonwealth legislation may be locally relevant. The protection of endangered species, ecological communities and populations on North Head at Manly is used to highlight some of these concerns as they relate to both Commonwealth and State threatened species legislation. The paper concludes with a call for stronger partnerships between scientists, local government, local communities and the environment movement, to bring governments to greater accountability in using the existing legislation to protect Australia's unique biodiversity, some of which has an iconic status locally.

Australian National Audit Office 2003. Referrals, assessments and approvals under the Environment Protection and Biodiversity Conservation Act 1999. Auditor-General's Audit Report No.38 2002-2003, Commonwealth of Australia, Canberra. www.anoa.gov.au
Banks, P. 2000. Population viability analysis for the Long-nosed Bandicoot population at North Head, NSW: modelling the effects of increased traffic flow on adult mortality. Unpublished report prepared for the NSW National Parks and Wildlife Service.
Banks, P. 17 Nov 2001. Submission on SIS for Mawlands Development of Quarantine Station, North Head. Submission to Commission of Inquiry into Conservation and Adaptive Re-use of North Head Quarantine Station at Manly. School of Biological Sciences, University of NSW.
Banks, P. B. and Powell, F. Jan 2002. An analysis of the NSW NPWS North Head Long-nosed Bandicoot monitoring program: Unpublished report for the NPWS Central Directorate Threatened Species Unit. School of Biological Sciences, University of NSW.
Banks, P. B. and Hayward, M. July 2002. An analysis of the May 2002 Long-nosed Bandicoot Population Census: Unpublished report for the NPWS Central Directorate Threatened Species Unit. School of Biological, Earth and Environmental Sciences, University of NSW.
Federal Court of Australia 2000 Booth v. Boswell. http://www.fedcourt.gov.au/gfx/j011453.pdf
Federal Court of Australia 12 February 2003 Humane Society International Inc v. Minister for the Environment & Heritage. http://www.austlii.edu.au/cgi-bin/disp.pl/cases/cth/federal_ct/2003/64.html
Federal Court of Australia 8 Aug 2003 Minister for the Environment & Heritage v. Greentree. http://bar.austlii.edu.au/au/cases/cth/federal_ct/2003/857.html
Hale, S. 26 June 2003. Local Government Amendment (Elections Bill). NSW Legislative Council Hansard Article No.35.
Joint Determining Authorities 20 Nov 2002. North Head Quarantine Station Conservation and Adaptive Re-use Proposal. Report prepared by NSW Minister for the Environment, NSW Heritage Office & NSW Waterways. Sydney.
Kemp, The Hon. Dr David 5 Sept 2003. Koolyanobbing Expansion Approved with Conditions. Media Release, Minister for the Environment and Heritage, Canberra. www.ea.gov.au/minister/env/2003/mr05Sep2003.html
Lambert, J., Elix, J. and Pearce, H Sept 2003. Evaluation of EPBC client servicing. Unpublished report prepared for the World Wide Fund for Nature (Australia), Sydney.
Mercer, S. 1 March 2002. Letter to J Lambert, Friends of Quarantine Station, re. Mawland Hotel Management Pty Ltd.
National Land and Water Resources Audit 2002. Australian Terrestrial Biodiversity Assessment. Department of Environment & Heritage, Canberra. http://audit.deh.gov.au/ANRA/vegetation/docs/biodiversity
NSW Heritage Council 5 Feb 2003. Conditions of Planning Approval of Draft Joint Determining Authorities prepared by Joint Determining Authorities dated November 2002, as amended by the Heritage Council meeting of 5 February 2003 pursuant to section 63 of the Heritage Act 1977. NSW Heritage Council, Sydney.
NSW National Parks and Wildlife Service 2003. Critical Habitat identification report for the Endangered Population of Little Penguins at Manly. Director General's Report, NSW NPWS, Hurstville.
NSW National Parks and Wildlife Service 2003. Critical habitat: Little Penguin population. www.nationalparks.nsw.gov.au
NSW National Parks and Wildlife Service March 2003. Eastern Suburbs Banksia Scrub Endangered Ecological Community Recovery Plan. Draft for Public Comment. Director General's Report, NSW NPWS, Hurstville. www.nationalparks.nsw.gov.au
Office of the Commissioners of Inquiry for Environment and Planning July 2002. Proposed Conservation and Adaptive Re-use of the North Head Quarantine Station. Report to NSW Minister for Planning, The Hon. Dr Andrew Refshauge. http://www.coi.nsw.gov.au
Register of the National Estate Database. North Head, Manly NSW. Australian Heritage Commission, Canberra. www.ahc.gov.au/cgi-bin/register/site.pl?101621
Scott, L. K. 1995. Nutritional ecology and population biology of the Long-nosed Bandicoot, Permales nasuta: Implications for conservation. M. Sc. Thesis. University of Sydney, Sydney.
Wilmot, S. Jan 2002. Environment Protection and Biodiversity Conservation Act 1999 Referral. Unpublished submission to the Federal Minister for the Environment on behalf of Mawland Hotel Management Pty Ltd. Gunninah Environmental Consultants, Crows Nest.
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References

Australian National Audit Office 2003. Referrals, assessments and approvals under the Environment Protection and Biodiversity Conservation Act 1999. Auditor-General's Audit Report No.38 2002-2003, Commonwealth of Australia, Canberra. www.anoa.gov.au
Banks, P. 2000. Population viability analysis for the Long-nosed Bandicoot population at North Head, NSW: modelling the effects of increased traffic flow on adult mortality. Unpublished report prepared for the NSW National Parks and Wildlife Service.
Banks, P. 17 Nov 2001. Submission on SIS for Mawlands Development of Quarantine Station, North Head. Submission to Commission of Inquiry into Conservation and Adaptive Re-use of North Head Quarantine Station at Manly. School of Biological Sciences, University of NSW.
Banks, P. B. and Powell, F. Jan 2002. An analysis of the NSW NPWS North Head Long-nosed Bandicoot monitoring program: Unpublished report for the NPWS Central Directorate Threatened Species Unit. School of Biological Sciences, University of NSW.
Banks, P. B. and Hayward, M. July 2002. An analysis of the May 2002 Long-nosed Bandicoot Population Census: Unpublished report for the NPWS Central Directorate Threatened Species Unit. School of Biological, Earth and Environmental Sciences, University of NSW.
Federal Court of Australia 2000 Booth v. Boswell. http://www.fedcourt.gov.au/gfx/j011453.pdf
Federal Court of Australia 12 February 2003 Humane Society International Inc v. Minister for the Environment & Heritage. http://www.austlii.edu.au/cgi-bin/disp.pl/cases/cth/federal_ct/2003/64.html
Federal Court of Australia 8 Aug 2003 Minister for the Environment & Heritage v. Greentree. http://bar.austlii.edu.au/au/cases/cth/federal_ct/2003/857.html
Hale, S. 26 June 2003. Local Government Amendment (Elections Bill). NSW Legislative Council Hansard Article No.35.
Joint Determining Authorities 20 Nov 2002. North Head Quarantine Station Conservation and Adaptive Re-use Proposal. Report prepared by NSW Minister for the Environment, NSW Heritage Office & NSW Waterways. Sydney.
Kemp, The Hon. Dr David 5 Sept 2003. Koolyanobbing Expansion Approved with Conditions. Media Release, Minister for the Environment and Heritage, Canberra. www.ea.gov.au/minister/env/2003/mr05Sep2003.html
Lambert, J., Elix, J. and Pearce, H Sept 2003. Evaluation of EPBC client servicing. Unpublished report prepared for the World Wide Fund for Nature (Australia), Sydney.
Mercer, S. 1 March 2002. Letter to J Lambert, Friends of Quarantine Station, re. Mawland Hotel Management Pty Ltd.
National Land and Water Resources Audit 2002. Australian Terrestrial Biodiversity Assessment. Department of Environment & Heritage, Canberra. http://audit.deh.gov.au/ANRA/vegetation/docs/biodiversity
NSW Heritage Council 5 Feb 2003. Conditions of Planning Approval of Draft Joint Determining Authorities prepared by Joint Determining Authorities dated November 2002, as amended by the Heritage Council meeting of 5 February 2003 pursuant to section 63 of the Heritage Act 1977. NSW Heritage Council, Sydney.
NSW National Parks and Wildlife Service 2003. Critical Habitat identification report for the Endangered Population of Little Penguins at Manly. Director General's Report, NSW NPWS, Hurstville.
NSW National Parks and Wildlife Service 2003. Critical habitat: Little Penguin population. www.nationalparks.nsw.gov.au
NSW National Parks and Wildlife Service March 2003. Eastern Suburbs Banksia Scrub Endangered Ecological Community Recovery Plan. Draft for Public Comment. Director General's Report, NSW NPWS, Hurstville. www.nationalparks.nsw.gov.au
Office of the Commissioners of Inquiry for Environment and Planning July 2002. Proposed Conservation and Adaptive Re-use of the North Head Quarantine Station. Report to NSW Minister for Planning, The Hon. Dr Andrew Refshauge. http://www.coi.nsw.gov.au
Register of the National Estate Database. North Head, Manly NSW. Australian Heritage Commission, Canberra. www.ahc.gov.au/cgi-bin/register/site.pl?101621
Scott, L. K. 1995. Nutritional ecology and population biology of the Long-nosed Bandicoot, Permales nasuta: Implications for conservation. M. Sc. Thesis. University of Sydney, Sydney.
Wilmot, S. Jan 2002. Environment Protection and Biodiversity Conservation Act 1999 Referral. Unpublished submission to the Federal Minister for the Environment on behalf of Mawland Hotel Management Pty Ltd. Gunninah Environmental Consultants, Crows Nest.
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