Environment Protection and Biodiversity Conservation Act 1999

The Minister must arrange for a register of critical habitat to be kept. The register must be kept in accordance with any regulations prescribed for the purposes of this subsection.

The Minister may include on the register critical habitat (see subsection (4)) for a listed threatened species or a listed threatened ecological community. Critical habitat that is included on the register is registered critical habitat.

Nothing in subsection (1AA) requires the Minister to include particular critical habitat on the register.

In considering whether to list habitat, the Minister must take into account the potential conservation benefit of listing the habitat.

Subsection (1) does not limit the matters:

that the Minister may take into account in considering whether to list habitat; or

that the regulations may require or permit the Minister to take into account in considering whether to list habitat.

The regulations must require the Minister to consider scientific advice in identifying the habitat.

The register must be made available for public inspection in accordance with the regulations (if any).

Particular material included in the register does not have to be made available for public inspection if the Minister considers that the interests of relevant landholders could be impeded or compromised by:

the disclosure of the material; or

without limiting paragraph (a)—the presence or actions of persons if the material were disclosed.

Habitat is critical habitat for a listed threatened species or listed threatened ecological community if the habitat is necessary for one or more of the following:

activities such as foraging, breeding, roosting or dispersal;

the long‑term maintenance of the species or ecological community (including maintenance essential to its survival);

the maintenance of genetic diversity and long‑term evolutionary development;

the reintroduction of populations or the recovery of the species or ecological community.