I am intrigued. Who told you that this does not trigger a duty to consult? On what authority are you making that assertion? I am absolutely dumbfounded. I cannot believe that an officer with such an important department could make such an assertion, in light of the very clear rulings handed down by the Supreme Court. You cannot exempt yourself from your constitutional obligations by simply inventing other ones that suit you better.
The legislation, the Constitution and the Supreme Court are clear. You cannot say that this does not apply because it's in a statute. Over time, what is included in our laws becomes part of guaranteed rights. What are you basing yourself on to make such a statement? I don't understand. I have never heard such a statement.