66When an activity must be referred

66  When an activity must be referred

 (1) A person carrying out or proposing to carry out an activity must refer the activity to the Minister if:

 (a) subsection (2) or (3) applies; and

 (b) the activity is not an exempt activity.

Note: For the meaning of exempt activity, see section 69.

 (a) the activity is a domestic activity; and

 (b) the person thinks that the impacts of the activity have resulted, or may result, in:

 (i) substantial pollution of the marine environment in an area beyond national jurisdiction; or

 (ii) significant and harmful changes to the marine environment in an area beyond national jurisdiction.

Note: A domestic activity is an activity carried out, or proposed to be carried out, in Australian jurisdiction (see the definition of that term in section 5).

 (3) This subsection applies if:

 (a) the activity is an international activity; and

 (c) the person thinks that the impacts of the activity on the marine environment in an area beyond national jurisdiction have been, or may be:

 (i) more than minor or transitory; or

 (ii) unknown or uncertain without further assessment.

Note: An international activity is an activity carried out, or proposed to be carried out, in an area beyond national jurisdiction (see the definition of that term in section 5).

Requirements for referrals

 (4) A referral under this section of an activity must:

 (a) be in writing; and

 (b) be given in a form approved, in writing, by the Minister; and

 (c) include a report (the screening report) setting out:

 (i) details of the activity, including its purpose, location, duration and intensity; and

 (ii) an analysis of the potential impacts of the activity on the marine environment in areas beyond national jurisdiction; and

 (iii) an analysis of the feasibility of any alternatives to carrying out the activity; and

 (d) be accompanied by any other information or documents:

 (i) required by the form; or

 (ii) prescribed by the rules; and

 (e) if the rules specify a fee that must accompany the referral—be accompanied by the fee.