Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 207A (1) of the Act, the Minister may, in identifying habitat, take into account the following matters:
(a) whether the habitat is used during periods of stress;
Examples of period of stress
Flood, drought or fire.
(b) whether the habitat is used to meet essential life cycle requirements;
Examples
Foraging, breeding, nesting, roosting, social behaviour patterns or seed dispersal processes.
(c) the extent to which the habitat is used by important populations;
(d) whether the habitat is necessary to maintain genetic diversity and long‑term evolutionary development;
(e) whether the habitat is necessary for use as corridors to allow the species to move freely between sites used to meet essential life cycle requirements;
(f) whether the habitat is necessary to ensure the long‑term future of the species or ecological community through reintroduction or re‑colonisation;
(g) any other way in which habitat may be critical to the survival of a listed threatened species or a listed threatened ecological community.
(2) The Minister must, when making or adopting a recovery plan, consider whether to list habitat that is identified in the recovery plan as being critical to the survival of the species or ecological community for which the recovery plan is made or adopted.
(3) Before listing habitat in the register, the Minister must:
(a) consider any advice from the Scientific Committee about whether the habitat is critical to the survival of a listed threatened species or listed threatened community; and
(b) if the habitat is not in a Commonwealth area, be satisfied that reasonable steps have been taken to consult with the owner of the property where the habitat is located.