Section 207A — Environment Protection and Biodiversity Conservation Act 1999: Register of critical habitat

(1) The Minister must cause to be kept in accordance with the regulations (if any) a register in which the Minister may list habitat identified by the Minister in accordance with the regulations as being critical to the survival of a listed threatened species or listed threatened ecological community. (1A) In considering whether to list habitat, the Minister must take into account the potential conservation benefit of listing the habitat. (1B) Subsection (1) does not limit the matters: (a) that the Minister may take into account in considering whether to list habitat; or (b) that the regulations may require or permit the Minister to take into account in considering whether to list habitat. (2) The regulations must require the Minister to consider scientific advice in identifying the habitat. (3) The register must be made available for public inspection in accordance with the regulations (if any). (3A) 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: (a) the disclosure of the material; or (b) without limiting paragraph (a)—the presence or actions of persons if the material were disclosed. (4) Habitat listed in the register in relation to a species or ecological community is critical habitat for the species or ecological community.