ID: 1622
Presenting Author: James Kernaghan
Session: 588 - Free, Prior, and Informed Consent (FPIC) of Indigenous Peoples: a transparency tool to strengthen the legitimacy of Impact Assessments (IA) in the face of misinformation
Status: pending
Whether and how international standards like FPIC might be practically and beneficially applied in Indigenous consultations in Australia’s offshore energy sector.
This paper explores the responses of the private, public and community / civil society actors to the 2022 decision of the Full Bench of the Federal Court of Australia in Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121 and Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193 (Tipakalippa).
The case reinterpreted existing regulations that required the offshore oil and gas sector to consult onshore during the preparation of Environment Plans about offshore activities and whose Functions, Interests and Activities might be affected, particularly Indigenous peoples.
The case raises issues about how to consult with Indigenous people in ways that allow them to develop informed views about potential impacts from offshore activities.
Responses from the actors involved have varied significantly and interesting observations can be made, and questions raised about their behaviours, perspectives and communications, in the context of misinformation and disinformation in impact assessment.
The purpose of the paper is to contribute to better consultation practice with Indigenous peoples about offshore oil and gas activities and seeks to understand whether and how the adoption of international standards such as the IFC PS7: Indigenous Peoples and PS8: Cultural Heritage, including the principles of Free, Prior and Informed Consent (FPIC) and Informed Consultation and Participation (ICP), might be recognised, practically employed and beneficially applied in Australia, in the offshore energy and resources sector.
James Kernaghan advises on community engagement, communications and socioeconomic and cultural impact management for major resource projects in Australia.