(1) This Act does not apply to the operation of a new relevant facility in relation to a designated project except to the extent to which:
(a) one or more constitutional corporations are responsible for operating the facility; or
(b) the facility:
(i) is in one or more offshore areas (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ) and outside the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973 ); and
(ii) relates to the exercise of Australia's sovereign rights in the exclusive economic zone or the continental shelf; or
(c) the facility is for purposes related to trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory; or
(iv) between a State and a Territory; or
(v) between 2 Territories; or
(d) the facility is in a Territory; or
(e) the facility is in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ).
(2) Subsection (1) is to be disregarded in determining whether a project is a designated project.