220TDeclaration of critical habitat by Minister

#### 220T Declaration of critical habitat by Minister 220T Declaration of critical habitat by Minister > > (1) The Minister may, by notification published in the Gazette, declare an area described in the notification to be the critical habitat of a specified endangered species, population or ecological community or critically endangered species or ecological community. > > > > Editorial note. > > > > For notification of critical habitat see Gazette No 237 of 29.11.2002, p 10137. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality. > > > (2) The Minister must not do so until the Minister has made a preliminary identification of the area as critical habitat and complied with the other requirements of this Division with respect to the declaration of that area as critical habitat. > > > (3) The Minister may declare the area the subject of the preliminary identification to be critical habitat without amendment or with any amendments that the Minister considers appropriate. > > > (4) The Minister may refuse to declare the area the subject of the preliminary identification to be critical habitat (on the basis of one or more of the factors referred to in section 220S or otherwise). > > > (5) The Minister must make a decision on whether to declare a particular area as critical habitat within 6 months after the date specified for the receipt of public submissions about the preliminary identification of the area. > > > (6) As soon as practicable after the declaration of critical habitat, the Minister must— > > > > > (a) give notice of the declaration to all affected persons, and > > > > > (b) publish notice of the declaration in a newspaper circulating generally throughout the State and in a newspaper circulating generally in the area declared to be critical habitat. > > Note. > > See section 220W for requirements with respect to the publication of a map of the critical habitat. > > **s 220T:** Ins 1997 No 153, Sch 1 \[9\]. Am 2004 No 88, Sch 2 \[25\].