Meaningful consultation

Meaningful consultation is an important part of the Australian Naval Nuclear Power Safety Regulations 2025 (Cth) (‘ANNPS Regulations’). 

It is part of all licenced activities, and a requirement for any kind of facility activity.  

  • An important feature of the ANNPS Regulations is the requirement for a licence applicant to undertake meaningful consultation. This approach is an important point of difference between ANNPSR’s regulations and those of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), where the responsibility for public consultation in relation to licence applications rests with the Regulator1.  
  • As prescribed in the ANNPS Regulations, for any facility licence, the Regulator must be satisfied that meaningful consultation has been undertaken with all relevant stakeholders, Aboriginal and Torres Strait Islander peoples and the public about the proposed facility activity in deciding whether to issue a licence (sections 24(3)(e) and 43(2)(b) of the ANNPS Regulations).
  • The Regulator will evaluate the quality, scope, and effectiveness of consultation as part of assessing compliance with consultation requirements under the Regulations.
  • As a matter of good practice, the Regulator encourages meaningful consultation to be undertaken across all ANNPS licensed activities (including planning, development and operation of a facility or material activity), in order to support the Objects of the ANNPS Act through promoting public confidence and trust in the nuclear safety of Australia’s nuclear-powered submarine enterprise2.  

Guidance for licence applicants and licence holders

  • ANNPSR has developed guidance for licence holders and applicants on the requirements for meaningful consultation for ANNPS Regulations. 
  • The guidance includes guiding principles on how to meet the meaningful consultation requirements prescribed in the ANNPS Regulations, and to more broadly support the objects of the ANNPS Act - specifically the promotion of public confidence and trust in the nuclear safety of Australia’s nuclear-powered submarine enterprise.
  • The principles provided in this guidance align with the broader Commonwealth best practice for consultation3, and the key principles of stakeholder engagement from an international nuclear best practice4 perspective. 
  • The principles include a set of values, behaviours and approaches. The practical implementation and operationalisation of these principles can support engagement that is likely to be considered meaningful consultation.

These principles are:

  • Purposeful (identify relevant stakeholders)
  • Structured (timing, frequency and form of engagement)
  • Transparent
  • Accessible
  • Accountable
  • Sustainable (local and continuing).

 

1Australian Radiation Protection and Nuclear Safety Regulations 2018 (Cth), section 48. 
2Australian Naval Nuclear Power Safety Act 2024 (Cth), section 6. 
3Office of Impact Assessment, Best Practice Consultation, Department of Prime Minister and Cabinet (July 2023).
4IAEA Nuclear Energy Series No NG-G-5.1 [part 2.3].