Mandatory considerations

(1)

In deciding whether or not to approve the taking of an action, and what conditions to attach to an approval, the Minister must consider the following, so far as they are not inconsistent with any other requirement of this Subdivision:

(a)

matters relevant to any matter protected by a provision of Part 3 that the Minister has decided is a controlling provision for the action;

(b)

economic and social matters.

Factors to be taken into account

(2)

In considering those matters, the Minister must take into account:

(a)

the principles of ecologically sustainable development; and

(b)

the assessment report relating to the action; and

(c)

if the action was assessed under Division 5 or 6 of Part 8 (which deal with public environment reports and environmental impact statements)—the report or statement about the action finalised by the designated proponent; and

(d)

if an inquiry was conducted under Division 7 of Part 8 in relation to the action—the report of the commissioners; and

(e)

any other information the Minister has on the relevant impacts of the action (including information in a report on the impacts of actions taken under a policy, plan or program under which the action is to be taken that was given to the Minister under an agreement under Part 10 (about strategic assessments)); and

(f)

any relevant comments given to the Minister by another Minister in accordance with an invitation under section 131.

Person's environmental history

(4)

In deciding whether or not to approve the taking of an action by a person, and what conditions to attach to an approval, the Minister may consider whether the person is a suitable person to be granted an approval, having regard to the person's history in relation to environmental matters.

Minister not to consider other matters

(5)

In deciding whether or not to approve the taking of an action, and what conditions to attach to an approval, the Minister must not consider any matters that the Minister is not required or permitted by this Subdivision to consider.