EARTH RESOURCES REGULATIONSTAKEHOLDER ENGAGEMENT STRATEGY

2016–18

Economic Development, Jobs, Transport and Resources

Acknowledgement of Victoria’s Traditional Owners

The Victorian Government proudly acknowledges Victorian Traditional Owners as Victoria’s first peoples and pays its respects to their Elders past and present.

We recognise the intrinsic connection of the first peoples to their Country for countless generations and their inherent obligation to maintain and strengthen their distinct cultural rights and responsibilities to care for their Country.

We value Traditional Owners’ role in the management of land, water and biodiversity and acknowledge the ongoing contribution this makes to our earth resources.

We have distinct legislative obligations to Traditional Owner groups that are paramount in our responsibilities in managing Victoria’s resources.

We support the need for genuine and lasting partnerships with Aboriginal people and communities to understand culture and connections to Country in the way we plan for and regulate our earth resources.

Disclaimer

The information contained in this report is provided for general guidance and assistance only and is not intended as advice. You should make your own enquiries as to the appropriateness and suitability of the information provided. While every effort has been made to ensure the currency, accuracy or completeness of the content we endeavour to keep the content relevant and up to date and reserve the right to make changes as required. The Victorian Government, authors and presenters do not accept any liability to any person for the information (or the use of the information) which is provided or referred to in the report.

Authorised by the Victorian GovernmentDepartment of Economic Development, Jobs, Transport and Resources1 Spring Street Melbourne Victoria 3000Telephone (03) 9651 9999

ISBN 978-1-925466-37-9 (pdf)

November 2016

© Copyright State of Victoria 2016

Except for any logos, emblems, trademarks, artwork and photography this document is made available under the terms of the Creative Commons Attribution 3.0 Australia licence.

For more information see the Earth Resources Regulation website www.earthresources.vic.gov.au/earth-resources-regulation

This document is also available in PDF and accessible Word format at www.earthresources.vic.gov.au/earth-resources-regulation

Earth Resources Regulation Stakeholder Relations Strategy 2016–18 2

Executive Director’s statement

Earth Resources Regulation (ERR) is committed to improving the way we communicate and engage with our stakeholders. This strategy will guide our new approach.

We want all of our stakeholders to be engaged with us and to understand the work we do. We understand that our stakeholders need to have ready access to information. We will value and consider their input as we regulate earth resources activities.

When we perform our regulatory roles, the decisions we make and the actions we take affect a wide range of individuals, businesses and organisations.

This strategy provides a framework that allows stakeholders’ needs and interests to be consistently, transparently and meaningfully considered in our decision-making processes.

The legislation that guides our work — covering mineral resources; extractive industries (sand, stone and clay); oil and gas; mining; geothermal energy; and geological carbon storage — requires strong community engagement. The law provides individuals, business, industry and government with opportunities to express views about earth resources and be heard and considered in our decision making.

Our work is also guided by a Ministerial Statement of Expectations that clearly articulates government’s priorities and objectives, including stakeholder engagement.

We recognise that community and industry expectations change over time and we have undertaken an internal reform process to meet the evolving expectations of Victorians.

Our approach will be guided by the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) compliance principles. We will support meaningful engagement with stakeholders by interacting in a consistent and transparent way. We will be: helpful, respectful, impartial, proportionate, predictable and transparent. We will ensure people understand the decisions we make and why we make them.

The objectives and priorities articulated in this strategy will be visible across all elements of our work. We are embedding stakeholder engagement into our risk-based work plans and compliance activities, setting clear standards and building a foundation to effectively measure and report on our engagement activities.

Our next steps include the development of an annual action plan, and an implementation timeline for actions identified in this strategy that holds us to account on our commitments.

Ross McGowan Executive Director Earth Resources Regulation

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We are focused on safeguarding the health and wellbeing of local communities and ensuring that resource developments operate appropriately and do not pose environmental and public health risks while contributing to Victoria’s economic development.

About Earth Resources RegulationEarth Resources Regulation is Victoria’s earth resources regulator — a branch of the Department of Economic Development, Jobs, Transport and Resources. Our role includes licensing, risk management, compliance responsibilities and stakeholder engagement.

We work to ensure that there is a socially, environmentally and economically responsible earth resources sector for the Victorian community.

Our role is to consider the risks of a project and balance the needs of the environment, community and the Victorian economy. We do this through robust regulation and engaging with all of the sector’s stakeholders. This is known as a ‘risk-based’ approach.

We regulate approximately 1,600 mineral licences for exploration and mining activities in Victoria and oversee activities in petroleum, coal, greenhouse gas geological storage, extractive and geothermal industries.

Our stakeholdersOur stakeholders include all Victorians, particularly those affected by the earth resources sector. These include Traditional Owners, community, industry, land and tenement holders, local government and other government departments and co-regulators.

Our stakeholder engagement approachThis strategy focuses on effective, structured engagement that is proactive on matters of concern to industry, landholders, co-regulators and the community.

We will ensure that all stakeholders are aware of their rights, roles and responsibilities in relation to earth resources through effective engagement processes.

We are committed to working co-operatively with all co-regulators and relevant government agencies, including the Department of Environment, Land, Water and Planning, Environment Protection Authority and local government, to ensure delivery of open, honest and accountable engagement.

We are moving away from ‘informing and responding’ and moving towards ‘involving’ stakeholders in the regulation process by engaging with people during the consultation process in a transparent, timely and meaningful way.

We will recognise stakeholder groups affected by a particular project — identify their needs, interests, roles and responsibilities.

We will listen to our stakeholders and ensure they know that they have been heard.

We will encourage open communication, ensuring we understand stakeholder concerns and commit to timely and appropriate interaction.

Some Acts provide for industry to engage with the community about their activities. In this strategy we outline some of these obligations and the role we play to support compliance with these requirements.

Our commitment is to carry out our functions as a transparent, responsive and effective regulator in partnership with all stakeholders in the earth resources sector.

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Principles, commitments and expectationsWe are embedding stakeholder engagement in all aspects of our work. These principles guide our approach in three priority areas: working with others; adopting risk-based regulation; and building our capability.

Our principle Our commitment What stakeholders can expect

Proactive, responsive and helpful

We will facilitate the involvement of stakeholders affected by, or interested in, earth resources projects or issues.

I will be engaged in a timely and meaningful way on earth resources projects or issues.

My feedback relating to an earth resources project or issue will be considered.

My rights in relation to an earth resources project or issue will be made clear.

I will be told how my feedback was considered.

Clear, predictable and transparent

We will ensure that stakeholders understand our role as a regulator and the roles and responsibilities of our staff. We will ensure our procedures are consistent and publicly accessible.

Decision-making processes and assessment criteria are publicly available.

I can understand Earth Resources Regulation’s decision-making roles and responsibilities.

I can access decision-making procedures.

Accountable and impartialWe will act at all times in accordance with the regulations that we administer and enforce.

I can understand the administration of the legislation and how it is applied.

Inclusive, equitable and respectful

We will ensure that all ‘voices’ are heard, recognising that different issues need different engagement approaches.

I will be treated with respect by Earth Resources Regulation staff at all times.

I will be engaged through a range of approaches.

My views will be considered.

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Our shared role in stakeholder engagementOur engagement responsibility It is our role to provide up-to-date, transparent and consistent information about:

earth resources regulation

our decision-making processes relating to earth resources licences and authorities.

Where the earth resources industry has stakeholder engagement commitments, we work closely with them to ensure they are understood and delivered. We complement industry activities by producing information about earth resources regulation including clear guidance material for both industry and community.

We work closely with local government and the community to help resolve community concerns about licensed earth resources activities.

Industry’s engagement responsibilityConsultation requirements associated with earth resources industries vary across legislation.

Some Acts provide for a general duty to consult with stakeholders. Some of these duties include developing community engagement plans, sharing information about activities that affect the community, and providing the community with a reasonable opportunity to express their views about those activities.

Legislation allows us to enforce industry’s compliance with their stakeholder engagement obligations.

We will support industries to comply with their regulatory responsibilities to engage with stakeholders about their operations and encourage a transparent and accountable approach.

Our engagement methodologyOur methodology is based on the following elements:

information disclosure

consultation

participation

consideration and clarification

continuous improvement.

Earth Resources Regulation – Stakeholder engagement methodologyInformation disclosure Consultation Participation Consideration and

clarificationContinuous

improvement

Establish which stakeholders are affected by, or interested in, an earth resources project or issue

Assess stakeholder information needs

Develop a communications plan that enables provision of meaningful and

Develop and implement an engagement strategy

Clarify the objective and parameters of the consultation prior to commencing activities

Consult with stakeholders, sharing relevant information and

Work with stakeholders to address issues or concerns ensuring these are understood and considered

Provide feedback to stakeholders on their roles, rights and opportunities to participate

Ensure stakeholders understand their rights in relation to the project or issue

Clarify and ensure stakeholders understand our role in earth resources regulation

Address identified issues and concerns

Evaluate stakeholder engagement and ensure approach is appropriate, consistent and effective

Obtain stakeholder feedback to identify opportunities for improvement

Identify and establish new and innovative ways for

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Information disclosure Consultation Participation Consideration and

clarificationContinuous

improvement

relevant information achieving consultation and communications objectives

Gather and analyse feedback

Seek mutual agreement with party/parties on the objectives and parameters of engagement while ensuring consistency with ERR’s role and responsibilities

Provide feedback to stakeholders on how the consultation process influenced outcomes and decisions

stakeholders to contribute to and inform the way we work

Our engagement objectivesDuring the next three years we have determined the following engagement objectives:

1. Build confidence and trust in our decision-making processes by proactively engaging with stakeholders regarding Victoria’s earth resources sector.

2. Make it easier for stakeholders to be involved by recognising and acknowledging their needs and interests in an accessible, timely and meaningful way.

3. Ensure stakeholders understand our role and responsibilities by providing clear, consistent and transparent information about what we do, and how this relates to other government departments and co-regulators working in the earth resources sector.

4. Improve stakeholder engagement processes and activities by developing our capability.

Our engagement prioritiesDuring the next three years we will focus on three priority areas:

1. Working with others.

2. Delivering risk-based regulation.

3. Building our capability.

We are working to regulate the Victorian earth resources sector effectively through a modern, consistent and risk-based approach that builds public confidence and economic growth.

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Priority 1: Working with othersWe will engage proactively with our stakeholders to ensure they are well informed and engaged.

Objective Action

Clarify the roles of Victorian Government agencies involved in the earth resources sector.

Publish meaningful information outlining the roles and responsibilities of Victorian Government agencies involved in the earth resources sector and its regulation.

Review, update and make available on request our partnership approach to co-regulation.

Provide timely, accurate and meaningful information.

Incorporate this strategy’s engagement approach into communications and stakeholder engagement planning.

Adhere to our client service standard that sets out timeframes for decision-making.

Investigate new ways of delivering information to our stakeholders.

Be the authoritative source of earth resources information in Victoria.

Take the lead role in coordinating, developing and publishing meaningful information about earth resources legislation, regulation and activities.

Improve the way that we engage with our stakeholders.

Establish a Victorian Earth Resources Regulators Forum with an independent chair.

Incorporate the methodologies identified in this strategy into our risk-based work plans and compliance activities.

Build long-term partnerships with stakeholder groups in the earth resources sector.

Encourage and listen to stakeholder feedback.

Develop proactive communications and stakeholder engagement plans where stakeholders are affected by, or interested in, an earth resources project or issue.

Establish and maintain a stakeholder feedback mechanism.

Be accountable and predictable. Communicate our decision-making processes and

assessment criteria consistently, transparently and meaningfully.

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Priority 2: Delivering risk-based regulationWe will build trust and confidence in our decision-making process by listening to the needs and interests of stakeholders and responding in a timely, consistent and meaningful way.

Objective Action

Engage with industry, co-regulators, local government and community on our role and responsibilities.

Develop a rolling plan to engage with stakeholders in line with this strategy’s engagement approach.

Be transparent and consistent in decision-making and engagement activities.

Communicate in a timely, meaningful, consistent way that meets stakeholder needs.

Establish a process that enables a timely response to feedback received on stakeholder engagement and decision-making.

Review and update our existing online and printed information making it accessible, accurate and meaningful to our stakeholders.

Recognise and promote best practice stakeholder engagement.

Use our guidelines and tools for stakeholder engagement processes and activities.

Review stakeholder engagement activities for continuous improvement and identify changes in stakeholder expectations.

Monitor and review stakeholder engagement on earth resources projects.

Improve accountability through regular reviews and stakeholder feedback activities.

Develop processes to enable regular stakeholder engagement activity reviews.

Priority 3: Building our capabilityWe will develop our capabilities to ensure our people and systems enable us to deliver on our engagement commitments and stakeholder expectations.

Objective Action

Develop our capacity to engage effectively with stakeholders.

Identify gaps in capability and equip people to deliver this strategy.

Conduct stakeholder engagement training for our people.

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Objective Action

Enable inclusive and equitable engagement opportunities for all stakeholders.

Ensure our objectives and priorities in this strategy are upheld and implemented.

Work collaboratively with earth resources co-regulators to ensure streamlined, cohesive and timely communications and stakeholder engagement activities.

Find efficiencies across co-regulators through improved communication and coordination.

Establish a process for collaborative stakeholder engagement and communication.

Implementing this strategyThis strategy sets our approach over the next three years. We will build and secure stakeholder confidence and trust in our work. We will do this through meaningful engagement with business, community and government.

We will embrace new opportunities to achieve better outcomes for our stakeholders and adjust this strategy accordingly.

This strategy will be implemented using rolling 12-month action plans that will clearly outline our priorities for each year. We will produce and publish an annual report outlining how we have delivered on these agreed actions.

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