Industry is fast learning that Traditional Owner consent can result in regulatory and financial approvals being obtained much faster, helping to de-risk projects.
Development without Free, Prior and Informed Consent (FPIC) may cause unnecessary risk, costs and delay. It may also lead to litigation. See, for example, the University of Melbourne’s Australian and Pacific Climate Change Litigation database.
It is critical that proponents engage early enabling FPIC.
If consent is not forthcoming, look to understand the objections of the impacted First Nations group and revisit the First Nations Clean Energy Network’s Best Practice Principles, and also the Clean Energy Council’s Leading Practice Principles, to understand what can and should be done differently.
Proponents should also consider the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples, including in particular the principle of FPIC.
Ultimately, regulators and the legal system can be the legal arbitrator and judicators but these process can be considerably more costly and time consuming than a negotiated agreement.
