Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p5
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 5/44)
Character Range: 131521–134385

Act, the Minister may, in identifying habitat, take into account the following matters:
 (a) whether the habitat is used during periods of stress;
Examples of period of stress: Flood, drought or fire.
 (b) whether the habitat is used to meet essential life cycle requirements;
Examples: Foraging, breeding, nesting, roosting, social behaviour patterns or seed dispersal processes.
 (c) the extent to which the habitat is used by important populations;
 (d) whether the habitat is necessary to maintain genetic diversity and long‑term evolutionary development;
 (e) whether the habitat is necessary for use as corridors to allow the species to move freely between sites used to meet essential life cycle requirements;
 (f) whether the habitat is necessary to ensure the long‑term future of the species or ecological community through reintroduction or re‑colonisation;
 (g) any other way in which habitat may be critical to the survival of a listed threatened species or a listed threatened ecological community.
 (2) The Minister must, when making or adopting a recovery plan, consider whether to list habitat that is identified in the recovery plan as being critical to the survival of the species or ecological community for which the recovery plan is made or adopted.
 (3) Before listing habitat in the register, the Minister must:
 (a) consider any advice from the Scientific Committee about whether the habitat is critical to the survival of a listed threatened species or listed threatened community; and
 (b) if the habitat is not in a Commonwealth area, be satisfied that reasonable steps have been taken to consult with the owner of the property where the habitat is located.

7.10  Requirements for register of critical habitat
 (1) For subsection 207A(1) of the Act, a description of habitat listed in the register must include:
 (a) enough information to identify the habitat, including its location and extent; and
 (b) the reasons the habitat was identified as critical habitat.
 (2) A copy of the register must be available for public inspection at an office of the Department and an appropriate location on the internet.
 (3) However, information on the register is not to be made available for public inspection if the Minister believes that it is necessary to keep the information confidential to protect:
 (a) the species or ecological community or the habitat; or
 (b) the interests of relevant landholders.

Division 7.5—Recovery plans and threat abatement plans

7.10A  Publication of notice
 (1) For paragraph 269AA(8)(a) of the Act, a notice under paragraph 269AA(5)(b) of the Act must be published:
 (a) at an appropriate location on the Internet; and
 (b) in a daily newspaper that circulates in the relevant State or self‑governing Territory.
 (2) For paragraph 269AA(8)(b) of the Act, comments must be made in writing or electronically.