Engage early. Partner right. Build better.

Early engagement leading to Free Prior and Informed Consent (FPIC) is getting to know and understand First Nations people likely to be impacted by a proposed clean energy project at a time and place of their choosing, from conception through to site selection, and ongoing throughout the project’s life-cycle. Developers and investors must aim to ensure future owners also adhere to this principle.

Proponents must seek to understand the culture, history, challenges and aspirations of the First Nations groups that the proponent is going to working with. This will assist in co-designing strategies and projects – such as equity shares or community benefit funds – that will come out of the project and lead to greater impact as it will respond to what the community wants and needs.

Early engagement is all parties understanding where each other are coming from, setting expectations, looking for ways the community can capitalise on the opportunities, agreeing on communication protocols, and setting out steps for a successful relationship and project. Transparent information must be shared in a manner accessible to all parties including information about the companies involved, the proposed project, the risk to Country and families, and other relevant materials.

Many First Nations groups have pre-designed their own protocols for engagement with clear expectations built in. For example:

Gunaikurnai Land and Waters Aboriginal Corporation (GLaWAC) have produced a guide to assist developers to negotiate major projects with GLaWAC, with an expectation that all industries and governments involved in major project development on their country will be forming agreements with GLaWAC in line with international best practice.

Nari Nari Tribal Council are only looking to work with proponents that are prepared to:

properly value Nari Nari’s contribution of knowledge and skills;
work hard to meet Nari Nari’s decision making responsibilities;
share knowledge and skills and pay for Nari Nari’s independent advice;
agree to Nari Nari’s FPIC; and
agree that Nari Nari should share in wealth creation, above and beyond landholdings, as an equity share.

The Yindjibarndi people believe in the principles set out in the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), including the right to own, control and develop their Ngurra (country).

Balanggarra’s vision includes:

Balanggarra Traditional Owners will give permission for and decide on access to our country
we will manage our own country by our own rules and others engage properly with Balanggarra Traditional Owners
we want to keep our culture, language and law alive, protected and recognised
we want to give our young people education, training, and employment for business opportunities on country to protect and control country.

Putting in place mechanisms to build respectful relationships must be prioritised from the very start of scoping a project and patiently developed as projects progress.

That includes enacting the principle of ‘proponent pays’ – proponents should put money on the table up front if they want engagement, including for Prescribed Body Corporate (PBC) fees and regulations.

A strong relationship helps with planning, design and construction, and it also plays a big role in the long-term success and sustainability of the project.

Establishing equitable relationships with impacted and neighbouring First Nations communities is also a good idea for building trust, and employment and procurement opportunities.