Section 135 — Environment Protection and Biodiversity Conservation Act 1999: Certain approvals and conditions must not give preference

(1) This section deals with the approval: (a) for the purposes of section 21 or 22A of a nuclear action: (i) by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or (ii) by a constitutional corporation; or (b) for the purposes of section 25 of an action that is prescribed for the purposes of subsection 25(1) and is taken: (i) by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or (ii) by a constitutional corporation. (2) The Minister must not grant the approval, or attach a condition to the approval, that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.