Habitat Regulations

Habitat regulations are where things start to get really complicated. Under the new Act, habitat is defined in two ways. There is a general definition which is quite broad, and includes all the areas on which a species depends - directly or indirectly - to carry out its life processes. The trouble with this definition is that it doesn't come into effect until 2013. If habitat is to be protected before that, it has to happen through a species-specific regulation - a habitat regulation.

These habitat regulations will describe the area that is to be protected by law - either by maps, by words, or in some other fashion.

There is a lot of leeway in terms of what a habitat regulation can include or exclude. It's very much a double-edged sword. On the one hand, there is potential to go beyond what even the general habitat definition covers - to include historic habitat and habitat that could be potentially reoccupied by the species. On the other hand, there is the danger that the habitat regulation will cover less than what is needed for the species to survive and recover.

Back to Resources