20Critical habitats

20 Critical habitats (1) The Secretary may determine any area of Victoria to be a critical habitat. (2) A determination under subsection (1) must not be made unless the Secretary considers that— (a) the area significantly contributes to the conservation in Victoria of a listed taxon or community of flora or fauna; or (b) the area significantly contributes to the conservation in Victoria of a taxon or community of flora or fauna that is not listed, but in respect of which— (i) a recommendation has been made by the Committee under section 16D; and (ii) the Minister has not made a decision under section 16G or has made a decision under that section to make a recommendation; or (c) the area supports ecological processes or ecological integrity that significantly contributes to the conservation of a taxon or community that is listed. (3) Without limiting subsection (2), a determination of a critical habitat may be made if— (a) the area is critical to the persistence of a taxon or community of flora or fauna; or (b) flora or fauna aggregate in the area for reproduction or other important life stages; or (c) the area is used by flora or fauna to move between populations, migrate or disperse, or as refugia during environmental stress; or (d) the taxon or community of flora or fauna is occasionally present in the area; or (e) the taxon or community of flora or fauna is not present in the area but was previously present in the area and there is potential to reintroduce it; or (f) the area is likely to be needed by a taxon or community of flora or fauna in the future. S. 20A inserted by No. 28/2019 s. 15.