High Seas Biodiversity Act 2026
82Requirements for grant of authorisation
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82 Requirements for grant of authorisation
(1) The Minister may give a controlled activity authorisation for a controlled activity only if the Minister is satisfied that all reasonable efforts have been made to ensure that the activity can be carried out in a manner consistent with the prevention of significant adverse impacts on the marine environment in areas beyond national jurisdiction.
(2) In deciding whether the Minister is satisfied as mentioned in subsection (1), the Minister must have regard to the following:
(a) any relevant comments received on the draft environmental impact assessment report for the controlled activity:
(i) in response to an invitation under subsection 78(1); and
(ii) within the period specified in the invitation;
(b) any responses given by the proponent of the controlled activity to those comments;
(c) if any comments were received in response to a consultation under section 79:
(i) the comments; and
(ii) the written statement given by the proponent of the activity in relation to those comments;
(d) the final environmental impact assessment report for the controlled activity, including:
(i) the proposed measures set out in the report to prevent, mitigate or manage the potential impacts of the activity; and
(ii) if the proposed measures include an environmental management plan—the environmental management plan;
(e) any other information prescribed by the rules;
(f) any other information that the Minister considers relevant.