The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider.

Circumstances in which approval must not be granted

(5)

The Minister must not approve for the purposes of a provision of Part 3 the taking in a State or self-governing Territory of an action that is covered by subsection (6) before the Minister receives from the State or Territory a notice described in paragraph 130(1B)(b). This does not apply if:

(a)

the action:

(i)

is a nuclear action; or

(ii)

is to be taken in a Commonwealth marine area; or

(iii)

is to be taken on Commonwealth land; or

(iv)

is to be taken by the Commonwealth or a Commonwealth agency; and

(b)

the relevant impacts of the action have been assessed under Part 8.

Note: Subsection (5) also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

Actions to which subsection (5) applies

(6)

Subsection (5) applies to an action only if it:

(a)

is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(b)

is an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries.

Notice of refusal of approval

(7)

If the Minister refuses to approve for the purposes of a controlling provision the taking of an action by the person who proposed to take the action, the Minister must give the person notice of the refusal.

Note: Under section 13 of the Administrative Decisions (Judicial Review) Act 1977 , the person may request reasons for the refusal, and the Minister must give them.