Environment protection principle 4: consult stakeholders This Good Practice Note is for DFAT staff, delivery partners and environment specialists involved in delivering Australia’s aid program. It is one of a series of notes which explains the principles of the aid program’s Environment Protection Policy and how they should be addressed. The notes complement the Operational Procedures of the Environment Protection Policy. This Good Practice Note should be read in conjunction with the Department of the Environment publication: Actions on, or impacting upon, Commonwealth, land and actions by Commonwealth agencies Significant impact guidelines 1.2. 4.1 How and when to consult people whose environment may be affected 1. Why is consulting stakeholders important? There should be consultation with stakeholders in the development of activity that may carry environmental risks. It enables people who may be affected by the activity to voice their concerns and provide valuable local knowledge to the activity managers. Stakeholders may help identify, avoid and manage risks. 2. What are the legal obligations? All aid activity must comply with the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and local environmental laws. The EPBC Act and most other legal frameworks for protection of the environment provide for consultation with stakeholders as an integral part of the environment assessment process. This guidance will help you comply with the EPBC Act. It sets out good practice principles for consultation during an environment assessment process, and the requirements to meet other aid program guidance for inclusive consultation, including gender and people with disabilities, and other vulnerable groups. If an aid activity is referred and requires a formal environment assessment process under the EPBC Act, the assessment must follow statutory processes for consultation as set out in the EPBC Act and associated guidance. 3. You are following good practice if you: 1. Begin early in the assessment process and continue to engage through the design phase. This is a two-way conversation that can provide invaluable local knowledge to the design team. 2. Tailor the consultation to the level of risk – consultation for medium- to high-risk activity will be more comprehensive than for low-risk activity. 3. For medium to high risk activity, engage specialist expertise to design and facilitate the consultation process, using local knowledge. Environment protection principle 4: consult stakeholders 4. Make information accessible – provide information about the activity and the assessment of environmental risks in an accessible place and in a language and form that is understandable by affected people and other important stakeholders (e.g. local environment agencies). 5. Include stakeholders in decision-making and monitoring – provide opportunities for stakeholders to contribute to decisions about managing environmental risks. Build on these relationships to continue the consultation during implementation, and to engage local people in monitoring/reporting. 6. Build local capacities – consider engaging local leaders and local environment agency staff in the team. 7. Be gender inclusive and responsive to the needs of people with disabilities and other vulnerable groups – DFAT requires all aid activity designs to incorporate the principles of gender equality and to look after the needs of people with disabilities. Consultation processes in environment assessment must follow these principles and guidelines. 8. Provide avenues for complaint and redress – seek consensus on risk management measures and benefit sharing. Work with local leadership structures and methods for working through grievances. Communicate and discuss the measures taken to address stakeholder concerns and take on board their ideas. 9. Follow DFAT resettlement safeguards for activity involving temporary or permanent displacement of people. Examples of best practice consultation processes for international development activities can be found World Bank Environmental Health and Safety Guidelines Asian Development Bank Environment Safeguards: A Good Practice Sourcebook Get help if you are unsure Contact the Environment Safeguards Section: environment@dfat.gov.au How and when to consult people whose environment may be affected| 2