Western Australian Current Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 54

54 .         Listing of critical habitat

        (1)         The Minister may, by order, list habitat as critical habitat.

        (2)         The Minister must not list habitat as critical habitat or amend or repeal such a listing unless —

            (a)         the Minister has had regard to any submission made in response to a notice under section 56(1); and

            (b)         in the case of habitat in Western Australian waters, the listing, amendment or repeal is made with the concurrence of Minister responsible for the administration of the Fish Resources Management Act 1994 .

        (3)         In subsection (2)(b) —

        Western Australian waters means waters that —

            (a)         are within the limits of the State; or

            (b)         are coastal waters of the State as defined in the Off-shore (Application of Laws) Act 1982 section 2.

        (4)         An order made under subsection (1) may describe or identify habitat by reference to a map or plan held in the Department.

        (5)         Section 258 applies to an order made under subsection (1).