26Habitat conservation orders

26 Habitat conservation orders

(1) Subject to this section, the Minister may make a habitat conservation order for the purposes of conserving, protecting or managing—

(a) any critical habitat; or

(b) any area of Victoria that the Secretary proposes to determine as critical habitat but in respect of which a critical habitat determination has not been made.

(2) If a critical habitat determination has been made in relation to a taxon of flora or fauna that is critically endangered or a community of flora or fauna, the Minister must consider whether to make a habitat conservation order for that critical habitat within 2 years of the determination.

(3) A habitat conservation order must not be made unless the Minister considers that the order is necessary—

(a) to halt, prevent or repair damage that has occurred, is occurring, or is likely to occur to the critical habitat or proposed critical habitat; or

(b) to manage the critical habitat or proposed critical habitat to ensure its conservation or protection.

(4) A habitat conservation order made in respect of an area of Victoria that the Secretary proposes to determine as critical habitat, but in respect of which a critical habitat determination has not been made, ceases to have effect 12 months after the order is made if a critical habitat determination is not made in respect of that area within that 12‑month period.

S. 27 substituted by No. 28/2019 s. 20.