82Plan must describe stakeholder engagement strategy

82 Plan must describe stakeholder engagement strategy

(1) The plan must describe a plan for stakeholder engagement (a stakeholder engagement strategy) that the licence holder will implement to identify and consult the following persons, organisations, communities and groups (stakeholders) in relation to the licence activities: (a) each Department of State, agency or authority of the Commonwealth, a State or a Territory that has functions that relate to the licence activities; (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 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 licence activities; (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 licence activities; (h) any organisation representing recreational fishers whose activities the licence holder reasonably considers may be directly affected by the licence activities. (2) Without limiting subsection (1), the plan must require the stakeholder engagement strategy to: (a) set out a list of stakeholders that the licence holder has identified; and (b) describe the process that the licence holder used to identify those stakeholders, and the process that the licence holder will use to identify stakeholders in the future; and (c) include a summary of any claims raised about any adverse effects that changes in the licence activities might have on the stakeholders consulted; and (d) 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 (e) 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; and (f) describe the licence holder’s process for continuing to engage with stakeholders and managing complaints from stakeholders; and (g) describe how the strategy will be updated and kept current (including by identifying any new stakeholders); and (h) include any reports included in a management plan under paragraph 81(2)(c) (reports on the outcomes of consultation). (3) The Regulator may only approve the plan if the Regulator is satisfied that the stakeholder engagement strategy described in the plan would be reasonably likely to provide for ongoing engagement with stakeholders in relation to the licence activities. Publication requirement (4) The plan must require the licence holder to: (a) publish the stakeholder engagement strategy on the licence holder’s website before the end of 30 days after the management plan is first approved; and (b) keep the stakeholder engagement strategy on the licence holder’s website until the licence ceases to be in force, or the licence holder ceases to hold the licence; and (c) ensure that any changes to the stakeholder engagement strategy are reflected in the published stakeholder engagement strategy.