69Meaning of exempt activity

69  Meaning of exempt activity

 (1) A domestic activity is an exempt activity if the activity has been, or is required to be, assessed under an Australian law specified in an instrument under subsection (2).

 (2) The Minister may, by legislative instrument, specify an Australian law for the purposes of subsection (1) if the Minister is satisfied that an assessment of an activity under that law is equivalent to an environmental impact assessment of the activity conducted under Division 3 of this Part.

 (3) An international activity is an exempt activity if a determination is in force under subsection (4) in relation to the activity.

 (4) The Minister may, in writing, determine that an international activity is not required to be referred under section 66 if:

 (a) the impacts of the activity on areas beyond national jurisdiction have been assessed under an Australian law or an international agreement to which Australia is a party; and

 (b) a copy of the assessment has been given to the Minister; and

 (c) the Minister is satisfied that the assessment is equivalent to an environmental impact assessment of the activity conducted under Division 3 of this Part.

 (5) A determination under subsection (4) is not a legislative instrument.

Subdivision B—Decision on referral