(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).