Skip to main content

Appendix B2 - Recommended National Environmental Standard for Indigenous Engagement and Participation in Decision-Making

Recommended National Environmental Standards

Appendix B to the Final Report sets out in detail 4 recommended National Environmental Standards that were developed by the Review following consultation with science, Indigenous, environmental and business stakeholders and with input from technical experts.

National Environmental Standard for Indigenous engagement and participation in decision-making

This recommended National Environmental Standard has been prepared relying on the inputs of Indigenous leaders and non-Indigenous practitioners who have contributed to the Review.

This recommended National Environmental Standard should be immediately adopted as an initial Standard. Following this, and in line with the principles of this Standard, it should be refined through a process led by the Indigenous Advisory Committee.

Element

Description

Outcome

Indigenous Australians are empowered to be engaged and participate in decision-making, and their views and knowledge are respectfully and transparently considered in the legislative and policy processes that support the protection and management of the environment under the EPBC Act.

National Standard

  1. Engagement and participation of Indigenous Australians in decision-making should be enabled for activities at all scales including individual projects, scientific research activities, regional plans, and environmental assessment activities under government legislation and policies.
  2. Engagement and participation in decision-making should be conducted consistently with existing national, State/Territory legal frameworks that recognise Indigenous Australians’ cultural rights and interests.
  3. Engagement and participation in decision-making should be undertaken with a view to ensuring the right of Indigenous Australians to be involved in the design, implementation, monitoring and reporting aspects of the activity.
  4. Indigenous Australians should be adequately supported and resourced by the proponent or decision-maker, via their representative organisation, where their participation is a requirement of a statutory process under the EPBC Act.
  5. Indigenous Australians have the right to initiate their engagement and participation in decision-making with all parties undertaking activities related to the EPBC Act.
  6. The engagement and participation of Indigenous Australians should commence early. Indigenous Australians should be given adequate time for their own deliberation and decision-making processes to occur, to support their proper participation in EPBC Act decision making processes.
  7. The views and knowledge provided by Indigenous Australians should be transparently reported (where approval for publication from the owners of those views has been provided).
    1. a proponent or entity seeking approval or accreditation from the Commonwealth is required to demonstrate how views or knowledge have been included or excluded in a proposal and the reasons for doing so.
    2. a decision maker or accredited decision maker is required to demonstrate how views or knowledge have been included or excluded in a decision, and the reasons for doing so.
  8. Indigenous Australians have the right to self-determine the way their knowledge is shared and used. Knowledge holders have the right to control how their information concerning cultural practices, traditions or belief is collected, curated, integrated, analysed, used, shared and published.
  9. Where prior approval for the use of knowledge is given by the Indigenous knowledge holders, all parties should commit to a two-way transfer of knowledge.
  10. Enabling engagement and participation of Indigenous Australians in decision-making should be conducted in a way that demonstrates cultural awareness and competency.
  11. Monitoring, reporting and evaluation demonstrates compliance with this National Environmental Standard, including the assessment of the performance of all decision makers against this Standard.

Monitoring and Reporting

The Indigenous Advisory Committee will:

  1. At the commencement of this Standard prepare a monitoring, evaluation, reporting and review plan, to be reviewed annually (or as described in the review plan).
  2. Set clear and measurable performance indicators for measuring the success of the Standard.
  3. Identify the necessary data and information to be collected to support review and reporting on the application of this Standard.
  4. Publish an annual report outlining national performance against all the elements of this Standard

Review

National Environmental Standards should be reviewed and updated regularly, including when there are substantive changes to the EPBC Act or relevant administrative arrangements.

This Standard should be applied in conjunction with all other relevant National Environmental Standards.

Definitions

Cultural awareness and competency: means (but is not limited to) understanding that for Aboriginal and Torres Strait Islander peoples the health and wellbeing of Country and people are all one, protocols are important, Aboriginal and Torres Strait Islander culture, knowledge and obligations to Country are diverse. Cultural competence includes knowing when to leave in the event of ‘sorry business’ or other significant cultural events.

Engaged or engagement: is a sustained process that provides Indigenous Australians with the opportunity to actively participate in decision-making from the outset of defining the problem to be solved and which continues during the development of policies, programs or projects and the evaluation of outcomes.

Existing national, state/territory legal frameworks: includes, but is not limited to, legislation relating to native title rights and interests, statutory land rights (whether established by statute, grant, transfer or Trust) and Aboriginal and Torres Strait Islander heritage protection.

Indigenous Australians: includes individuals that identify as Aboriginal or Torres Strait Islanders, representative organisations of Indigenous communities, Traditional Owners or Native Title holders including legislative (i.e. Prescribed Body Corporate entities under the Native Title Act 1993) and non-legislative bodies. Engagement may need to involve more than one group of representatives, dependent on the scale of the activity.

Right to initiate: noting that the onus is on the relevant proponent or decision maker to undertake engagement where it is a requirement.

Self-determine: consistent with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Articles 1-8.

Two-way transfer of knowledge: involves ensuring access to western-scientific information and methodologies for Indigenous Australians, and the recording and use of Indigenous knowledge by organisations in accordance with agreed protocols. Additionally, it involves acknowledging the importance of developing respectful and meaningful relations with Indigenous Australians in order to provide opportunities for Indigenous people to be fully involved in the protection and management of the environment.

Additional information

Supplementary navigation and content

Contents

    Publish date

    October 2020