81Plan must address consultation carried out

81 Plan must address consultation carried out

(1) The plan must include the material set out in this section for any consultation carried out in accordance with Subdivision D of Division 3 in relation to the relevant licence. (2) The plan must include the following: (a) a description of the process that was used to identify persons, organisations, communities and groups to consult; (b) a list of the persons, organisations, communities and groups consulted; (c) a report on the outcomes of the consultation.

Note: The management plan may also address other consultation carried out in relation to the relevant licence, such as consultation required by a licence condition.

(3) The report mentioned in paragraph (2)(c) must: (a) include a summary of any claims raised about any adverse effects that the licence activities might have on the persons, organisations, communities and groups consulted; and (b) for each such claim—include an assessment of the merits of the claim, and a statement of whether the licence holder considers the claim to have reasonable merit; and (c) for each such claim that the licence holder considers to have reasonable merit—include details of: (i) the measures (if any) that the licence holder is to implement to address the claim; and (ii) the measures (if any) that the licence holder is to implement to ensure that the measures mentioned in subparagraph (i) are effective, and are likely to remain effective. (4) If the plan includes details of any measures under paragraph (3)(c), the plan must require the licence holder to carry out the measures as described. (5) The Regulator may only approve the plan if the Regulator is satisfied that: (a) any assessments or statements included in the report under paragraph (3)(b) are reasonable; and (b) for each claim mentioned in paragraph (3)(a) that the licence holder considers to have reasonable merit: (i) any measures detailed in the plan under subparagraph (3)(c)(i) are reasonably appropriate and adapted to addressing the claim; and (ii) any measures detailed in the plan under subparagraph (3)(c)(ii) are reasonably appropriate and adapted to ensuring that the measures detailed in the plan under subparagraph (3)(c)(i) are effective, and are likely to remain effective; and (iii) if the plan does not detail measures under subparagraph (3)(c)(i)—it is reasonable in the circumstances for the licence holder not to implement measures under that subparagraph; and (iv) if the plan does not detail measures under subparagraph (3)(c)(ii)—it is reasonable in the circumstances for the licence holder not to implement measures under that subparagraph.