(1) The Minister may, by legislative instrument, declare a specified area in the Australian Whale Sanctuary to be an important cetacean habitat area.
(2) The regulations may specify criteria to be applied by the
Minister in determining whether to declare an area to be an
important cetacean habitat area. If regulations are made for the purposes of
this section, the Minister may declare an area to be an
important cetacean habitat area only if he or she is satisfied that the area
meets the criteria prescribed by the regulations.