72When activity is controlled activity

72  When activity is controlled activity

 (1) The Minister must decide that the activity is a controlled activity if the Minister reasonably believes that the activity has resulted, or may result, in:

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

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

 (2) In deciding whether the Minister has the belief mentioned in subsection (1), the Minister must have regard to the following:

 (a) the information included in the referral;

 (b) any relevant comments received:

 (i) in response to the invitation under paragraph 70(1)(b); and

 (ii) within the period specified in the invitation;

 (c) any matters prescribed by the rules;

 (d) any other matters the Minister considers relevant.