Document ID: chunk:federal_register_of_legislation:F2025L00253:clause:8_28
Version: federal_register_of_legislation:F2025L00253
Segment Type: clause
Provision Reference: sch 8 cl 28
Character Range: 46271–48685

28  Engagement with relevant Indigenous representatives
 (1) The project proponent must identify any areas within the project area that are subject to Indigenous land interests (land interest areas).
 (2) If there are any land interest areas, the project proponent must, as part of the SSA, engage appropriately with the relevant Indigenous representatives for the project area in relation to the design and implementation of the replanting project, including in relation to the following:
 (a) the planning and conduct of the initial field survey;
 (b) using Indigenous knowledge and values, or Indigenous data (including any data generated during the planning or implementation of the replanting project) relating to enhancing or protecting biodiversity in native species, in a culturally appropriate way;
 (c) identifying whether there are areas within the project area that are considered culturally sensitive or significant to relevant Aboriginal persons or Torres Strait Islanders.
 (3) To avoid doubt, whether or not there are any land interest areas, the project proponent may engage with relevant Aboriginal persons or Torres Strait Islanders for the project area in relation to the design and implementation of the replanting project, in the way set out subsection (2).

 29  Use of Indigenous knowledge and values or Indigenous data
 (1) If:
 (a) it is proposed that the replanting project will include, or be informed by, Indigenous knowledge or values, or Indigenous data, in relation to the project's design or implementation; and
 (b) that knowledge was, or those values or Indigenous data were, informed by engagement with:
 (i) relevant Indigenous representatives for the project area; or
 (ii) relevant Aboriginal persons or Torres Strait Islanders for the project area;
  the project proponent must, as part of the SSA:
 (c) obtain the appropriate attribution for, and consent for the use of, that knowledge or those values or data; and
 (d) use culturally appropriate approaches for the collection, interpretation, use, recording and governance of that knowledge or those values, or data; and
 (e) document how the project design and implementation includes or is informed by Indigenous knowledge and values, or Indigenous data.
 (2) This section applies whether the Indigenous knowledge or values, or Indigenous data, resulted from the engagement for the purposes of section 28 or otherwise.