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

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.