(1) In deciding for the purposes of paragraph 17(3)(d) whether an area is suitable for offshore renewable energy infrastructure, the Minister must have regard to the following:
(a) the potential impacts of the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure in the area on other marine users and interests;
(b) any submissions received in accordance with the notice under section 18;
(c) any advice received as a result of the consultation mentioned in paragraph 17(3)(c);
(d) Australia's international obligations in relation to the area;
(e) Australia's greenhouse gas emissions reduction targets.
(2) The Minister may also have regard to any other matters that the Minister considers relevant.
(3) If the Minister is not satisfied that the whole of the proposed declared area is suitable for all kinds of offshore renewable energy infrastructure, the Minister may:
(a) decide not to make a declaration; or
(b) do either or both of the following, as the Minister thinks appropriate:
(i) declare a part of the proposed declared area that the Minister is satisfied is suitable for offshore renewable energy infrastructure;
(ii) declare an area subject to such conditions under section 20 as the Minister considers will make the declared area suitable for offshore renewable energy infrastructure.