64Consultation—who is to be consulted

64 Consultation—who is to be consulted

(1) The licence holder must make reasonable efforts to identify and consult the following: (a) each Department of State, agency or authority of the Commonwealth, a State or a Territory that has functions that relate to the activities subject to consultation; (b) Aboriginal or Torres Strait Islander people or groups that the licence holder reasonably considers may have native title rights and interests (within the meaning of the Native Title Act 1993) in relation to: (i) the licence area; or (ii) areas of land or water that are adjacent to the licence area; (c) Aboriginal or Torres Strait Islander organisations that are established under a law of the Commonwealth, a State or a Territory and that the licence holder reasonably considers to have functions related to managing, for the benefit of Aboriginal or Torres Strait Islander people: (i) land or water in the licence area; or (ii) areas of land or water that are adjacent to the licence area; (d) Aboriginal or Torres Strait Islander organisations or groups that the licence holder reasonably considers to be parties to agreements related to land and water rights for Aboriginal or Torres Strait Islander people under the Native Title Act 1993 or any law of a State or Territory, where the land or water rights relate to: (i) land or water in the licence area; or (ii) areas of land or water that are adjacent to the licence area; (e) the holder of any other licence granted under the Act where: (i) the licence area of the other licence covers wholly or partly the same area as the licence area of the relevant licence; or (ii) there is licence infrastructure in relation to the other licence in or near the licence area of the relevant licence; (f) people or organisations that the licence holder reasonably considers may, in or near the licence area of the relevant licence, carry out activities: (i) for a commercial purpose; and (ii) under a licence or permit (however described) issued under a law of the Commonwealth or a State or Territory; and (iii) in a way that may directly interact with the activities subject to consultation; (g) communities: (i) that are located adjacent to the licence area; and (ii) that the licence holder reasonably considers may be directly affected by the activities subject to consultation; (h) any organisation representing recreational fishers whose activities the licence holder reasonably considers may be directly affected by the activities subject to consultation.

Note: For consultation requirements relating to the health and safety of workers, see item 9 of Schedule 1 (which modifies the Work Health and Safety Regulations 2011, as those Regulations apply for the purposes of Part 1 of Chapter 6 of the Act).

(2) However, if: (a) the consultation is being carried out as a result of a direction under subsection 53(1); and (b) the direction includes a statement, under subparagraph 53(3)(b)(ii), that only specified persons, organisations, communities or groups need to be consulted; then subsection (1) of this section does not apply to the consultation, and the licence holder must make reasonable efforts to consult the specified persons, organisations, communities or groups. (3) Subsection (1) does not require the licence holder to consult a person, organisation, community or group (the first person, organisation, community or group) if the licence holder has consulted another person, organisation, community or group that could reasonably be regarded as representing the interests of the first person, organisation, community or group.