Fisheries Management Act 1994

The Minister may, in accordance with this section, determine plans for the protection of any habitat of fish (habitat protection plans), whether the habitat is essential for the survival of the species or required to maintain harvestable populations of the species.

Without limiting subsection (1), a habitat protection plan may be determined for the protection of critical habitat declared under Part 7A.

A habitat protection plan—

may relate to habitat that is essential for spawning, shelter or other reason, and

may apply generally or to particular areas or fish, and

is to describe the importance of particular habitat features to which it applies, and

may set out practical methods for the protection of any such habitat features, and

may contain any other matter concerning the protection of the habitat of fish that the Minister considers appropriate.

The Minister may amend or replace a habitat protection plan.

A habitat protection plan (including any amendment or new plan) is to be published in the Gazette.

Before the Minister determines a habitat protection plan (including any amendment or new plan), the Minister is required to give the public an opportunity to make submissions on the proposed plan (or proposed amendment or new plan) and to take any submission that is duly made into account.