Community and land use

Community engagement and the duty to consult

Section 39A of the Mineral Resources (Sustainable Development) Act 1990 (the Act) requires licence holders and work authority holders to consult with the community. This applies to exploration licences, retention licences mining licences, prospecting licences, and quarry work authorities. The duty covers all stages of a project, from exploration to operations and rehabilitation.

What is community engagement?

Community engagement is more than providing information. It is the process of involving people in decisions that may affect them, ensuring their views can influence outcomes before final decisions are made. Engagement is not a public relations exercise to justify predetermined decisions.

Well-executed engagement builds trust, transparency, and respect. It helps communities feel heard and confident in the decision-making process. Engagement also improves project outcomes by incorporating local knowledge, diverse perspectives, and stronger relationships. Engagement is a live process that must adapt as projects evolve, with approaches tailored to the project’s scale, potential impacts, and level of community interest.

Who is the community?

The “community” affected by a project can be broad and diverse, typically including the local population near a site. The composition of the community will vary depending on who is directly or indirectly impacted and the level of their interest in the project.

Consultation under the Act

Consultation is a specific form of engagement and is central to meeting the legal duty. It is a two-way process where licence holders:

  • share information about their activities
  • listen to community views
  • consider those views when making decisions.

Consultation does not require agreement but strengthens decisions and increases community acceptance. It also provides licence holders with insight into community expectations, concerns, and aspirations, helping to avoid conflict, build trust, and support effective rehabilitation outcomes.

The duty to consult

Licence holders must:

  • provide accessible and timely information about licensed activities that may affect the community
  • give people reasonable opportunities to express their views.

An effective consultation process will:

  • genuinely consider community input before making decisions
  • communicate back how feedback has influenced decisions
  • document consultation activities to demonstrate compliance.

How consultation can be carried out

There is no single method. Techniques may include:

  • community meetings (public or targeted)
  • surveys, hotlines, or submissions
  • focus groups, interviews, or exhibitions
  • media advertising.

The approach should be flexible, proportionate to the project’s scale and responsive to community needs.

Compliance with the duty

Licence holders with an approved community engagement plan who implement it effectively are considered compliant. Where no plan is required, compliance can still be demonstrated if the licence holder:

  • maintains ongoing channels for community information and participation
  • considers community views before making decisions
  • clearly communicates how input has influenced outcomes
  • keeps records of consultation processes.

Guidelines are available to assist industry with the requirements for community engagement under the Act.

Page last updated: 08 Sep 2025