(1) Subject to section 38, if there is an area of land that, on its own or together with another area of land or other areas of land, is a habitat that is essential for the survival in that area or those areas of wildlife generally or a species of wildlife, the Administrator may, by notice in the Gazette , declare the area to be an area of essential habitat.
(2) The Administrator must not make a declaration under subsection (1) unless:
(a) he or she is satisfied that the Director has consulted with the owner and, if not the same person, the occupier of the land and any other person who, in the opinion of the Director, has an interest that is likely to be adversely affected by the declaration; and
(b) the Minister recommends the making of the declaration under section 38(3)(a).
(3) Despite subsection (1), if, in the opinion of the Minister, there is an area of land in which there is a species of wildlife that is likely to become extinct if not immediately protected, the Minister may, by notice in the Gazette , declare the area to be an area of essential habitat.
(4) The area of land referred to in subsection (1) or (3) may be:
(a) land that has been alienated from the Crown, including Aboriginal land but not including other freehold land; or
(b) land that is reserved or dedicated under a law in force in the Territory.
(5) In a declaration under this section, the Administrator or Minister, as the case may be, must:
(a) describe the area of land declared to be an area of essential habitat;
(b) specify the wildlife to which the declaration relates;
(c) give the reasons for making the declaration;
(d) give details of the proposed management of the area the subject of the declaration, including specification of the objectives of making the declaration and any management programs, co-operative management programs and by-laws made under section 71 that apply to the land; and
(e) state that the land the subject of the declaration is to be used and enjoyed in a manner that is consistent with the objectives of the declaration.
(6) In a declaration under this section, the Administrator or the Minister, as the case may be, may specify:
(a) an article, thing, animal or plant that may not be taken into or out of the area of essential habitat the subject of the declaration; or
(b) the activities that may not be carried out in the area of essential habitat the subject of the declaration,
unless authorised in writing by the Director.
(7) The land the subject of a declaration under this section is to be used and enjoyed in a manner that is consistent with the declaration.