117Operation of new relevant facility—constitutional basis

117 Operation of new relevant facility—constitutional basis

(1) This Act does not apply to the operation of a new relevant facility in relation to a designated project except to the extent to which: (a) one or more constitutional corporations are responsible for operating the facility; or (b) the facility: (i) is in one or more offshore areas (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) and outside the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973); and (ii) relates to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf; or (c) the facility is for purposes related to trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory; or (iv) between a State and a Territory; or (v) between 2 Territories; or (d) the facility is in a Territory; or (e) the facility is in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970). (2) Subsection (1) is to be disregarded in determining whether a project is a designated project.