department for energy and...
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Department for Energy and Mining
Level 4, 11 Waymouth Street, Adelaide
GPO Box 320, Adelaide SA 5001
Phone +61 8 8463 3000
Email [email protected]
www.energymining.sa.gov.au/minerals
South Australian Resources Information Gateway (SARIG)
map.sarig.sa.gov.au
Report Book 2019/205177
© Government of South Australia 2019. This work is copyright. Apart from any use as permitted under the
Copyright Act 1968 (Cth), no part may be reproduced by any process without prior written permission from the
Government of South Australia. Requests and inquiries concerning reproduction and rights should be
addressed to Mineral Resources Division, GPO Box 320, Adelaide SA 5001.
Disclaimer. This document should be read in conjunction with the requirements of relevant Act and
Regulations. It provides general advice for all stakeholders on how the Government of South Australia
administers mineral resources and energy legislation. This document is not intended to be exhaustive or a
substitute for legal advice. Readers should seek independent professional advice when applying information
in this document to a specific situation.
Every effort has been made to ensure the accuracy of the material contained in this document at the time of
publication. It may be revised to reflect changes in law, technology or practices. Readers should ensure they
are using the latest version.
Any reference to products or companies in this publication should not be taken as government endorsement.
Other formats. This publication is available in other formats, including translation. Direct requests to Mineral
Resources Division (see contact details above).
Preferred way to cite this publication. Department for Energy and Mining 2019. Stronger Partners Stronger
Futures, Moving Ahead, Discussion Paper 2: Reform Options –Relationship Building, cultural awareness and
cultural competency , Report Book 2019/205177, Mineral Resources Division, Department for Energy and
Mining, South Australia, Adelaide.
Warning. Aboriginal and Torres Strait Islander peoples are warned that this publication may contain images
and names of deceased persons.
Job number: 12/3/19-205177
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Contents
1 Introduction ....................................................................................................................................... 4
2 Key concerns .................................................................................................................................... 4
3 The current situation ......................................................................................................................... 5 3.1 Legislative and policy environment ........................................................................................ 6
3.1.1 Mining Act 1971 - Part 9B Native Title Agreements .................................................. 6
3.1.2 Notice of Entry ........................................................................................................... 6
3.1.3 Aboriginal Heritage Act 1988 ..................................................................................... 6
4 Other jurisdictions ............................................................................................................................. 7
5 Making the change ........................................................................................................................... 8
6 Suggestions for change .................................................................................................................... 8 6.1 Ongoing communication and information sharing .................................................................. 9
6.1.1 What we heard .......................................................................................................... 9
6.1.2 Actions ....................................................................................................................... 9
6.1.3 Outcomes .................................................................................................................. 9
Question 6.1 ..................................................................................................................................... 9
6.2 Native title groups information sharing ................................................................................. 10
6.2.1 What we heard ........................................................................................................ 10
6.2.2 Future direction ........................................................................................................ 10
6.2.3 Outcome .................................................................................................................. 10
Question 6.2 ................................................................................................................................... 11
6.3 Explorers information sharing .............................................................................................. 12
6.3.1 What we heard ........................................................................................................ 12
6.3.2 Future direction ........................................................................................................ 12
6.3.3 Outcome .................................................................................................................. 13
Question 6.3 ................................................................................................................................... 13
6.4 Cultural Awareness, Cultural Competency and Relationship Building ................................ 14
6.4.1 What we heard ........................................................................................................ 14
6.4.2 Future direction ........................................................................................................ 14
6.4.3 Outcome .................................................................................................................. 14
Question 6.4 ................................................................................................................................... 15
Appendix A: Submission template ....................................................................................................... 18
Appendix B: Draft template for contact details for native title groups .................................................. 21
Appendix C Draft template for contact details for industry .................................................................. 23
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1 Introduction
This paper sets out options for improving the native title system for mineral exploration in South Australia. The
Department for Energy and Mining (DEM) would like your opinion on these options, which are set out in
section 6.
We will use your comments to determine the level of support for the options and whether they respect the
rights and interests of both explorers and native title groups in mineral exploration. The closing date for
submissions is 26 July 2019.
The questions asked in this discussion paper are the result of consultation on this issue over the past five
years. In 2016, as a result of continuing concern raised by both native title groups and the mineral exploration
industry (explorers) about the native title system as it applies to mining and exploration, DEM set up the
Stronger Partners Stronger Futures program to consult with both groups about improving the system.
All parties have raised concerns about the current land access scheme in South Australia and generally agree
that it could be improved. A key concern is how to encourage more effective engagement between native title
groups, explorers and government, particularly for early engagement before exploration starts.
In this paper we’re seeking your views on options to facilitate relationship building, cultural awareness and
cultural competency between the parties and what administrative processes government could implement to
support this engagement. We want to understand how any proposed reforms will work in practice within
existing structures.
The options for policy change in this paper would address a significant number of the concerns raised during
the Stronger Partners Stronger Futures consultation.
The information in this Discussion Paper is not legal advice. It is recommended that before making a
submission you do your own research about the potential impacts of any changes to your organisation and
seek your own legal advice when required.
2 Key concerns
The fundamental importance of relationship building, including clear communication, ways of communicating,
and building better understandings of each other’s business and work preferences has been consistently
raised during consultation.
It is clear that cultural awareness between all parties and cultural competency are a key part of doing business
successfully. While some organisations have achieved significant gains in this area, the need to create and
maintain good working relationships impacts all of the Part 9B process, in particular resolving the issues of
early engagement and early exploration and to some extent policy and cultural heritage management.
A commitment to relationship building between explorers and native title groups to foster education and mutual
understanding is a significant aspect of land access.
Through consultation it was made clear that we need to:
Specify practical ways in which communication, cultural awareness and relationship building can be
improved or developed.
Develop tools that facilitate culturally competent engagement.
Create more comprehensive information resources, guidelines and engagement materials.
Support timely and effective consultation between all parties at key times in the exploration program.
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Collectively these requests for change demonstrate a strong interest in having a clear and comprehensive
system in place to promote better communication.
Resolution of these issues will contribute significantly to the reform needed to meet the expectations of both
explorers and native title groups.
Key messages from previous consultation clearly reiterated at the Workshop included:
Everyone wants certainty, and for the process to be fair and to work for all.
The benefits from exploration can be good for everyone.
We should be working together to explore solutions. There needs to be a long-term conversation
between explorers, government and native title groups, not just one meeting.
All parties want things to run smoothly and done according to best practice.
There is a clear need for improved clarity from government about the Part 9B native title land access
process, how the native title mineral exploration system works, government’s expectations and what
each party’s rights and responsibilities are.
Relationships are built on trust and respect.
Cultural awareness between all parties and cultural competency are a key part of doing business
successfully.
Communication between all parties needs to be improved.
Trust and certainty are important.
Legislation and policy must address the needs of all parties.
Native title groups want to work with government and explorers in respectful relationships to maintain,
protect and preserve country.
The purpose of this Discussion Paper and related consultation are to determine whether the options presented
are supported and would adequately meet parties’ needs.
3 The current situation
The Mining Act requires interaction between government and industry, and between industry and native groups
at different stages of the exploration process, but it does not give any guidance about how those interactions
should happen.
An explorer’s ability to understand how the Aboriginal organisation they are dealing with likes to interact, and a
commitment to building and maintaining good relationships on both sides is the foundation for successful
negotiation and agreement making. Aboriginal organisations also would like to better understand the
exploration industry.
Throughout consultation it was made clear that early, direct and consistent engagement based on trust and
respect is critical to good relationship building. It was also clear there are often differences in how industry
and native title groups like to engage. Explorers may follow a transaction based model i.e. only interacting with
other parties for a specific time and purpose. In comparison, Aboriginal cultural protocols require an ongoing
dialogue about access and movement on country.
Explorers recognise the need to engage early to build strong and lasting relationships, but requested more
guidance on who to talk to and when they are required to do so. From an explorer’s perspective certainty is
vital and engagement has to be efficient and cost effective. Explorers find it easier to do business when there
are standardised processes and procedures in place that apply to everyone. If the cost of conducting
exploration, including land access becomes too high, the explorer may make the decision to stop that project
and use their money elsewhere.
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Aboriginal people want to be informed and involved in all decisions made affecting their country. Individual
native title groups may operate differently, but they have looking after country in common. They like to be
involved in partnerships which are beneficial to both parties. Face to face, early and regular engagement,
rather than transactional interaction, is important and seen as a commitment to building honest, respectful and
trusting relationships.
3.1 Legislative and policy environment
Before presenting the options for change, it is important to understand the legislative and policy environment,
as this forms the background against which decisions will need to be made.
3.1.1 Mining Act 1971 - Part 9B Native Title Agreements
If the holder of an exploration licence wishes to explore on native title land and those activities affect native title, the explorer must have:
a native title agreement with the relevant native title party under Part 9B of the Mining Act;
an Indigenous land use agreement (ILUA) with the relevant native title party under the Commonwealth; or, a determination from the Environment Resources and Development (ERD) Court to carry out those operations.
Negotiations are initiated by serving a formal notice on the native title parties, South Australian Native Title Services Ltd, the Minister for Energy and Mining and the ERD Court. Where there are no native title claims, the notice must also be served on the Attorney-General.
The matters covered by agreements are very similar and typically provide for
exploration operations to be undertaken in accordance with a work area clearance or survey;
protocols and procedures for work area clearances or surveys;
the protection of Aboriginal heritage in accordance with the Aboriginal Heritage Act;
The exploration company to use reasonable endeavours to offer employment to members of the
native title group.
Instruction on Aboriginal culture; and reasonable steps to be taken to minimise interference with
members of the native title group and cultural practices.
3.1.2 Notice of Entry
The first time an explorer is legally required to contact a native title group is when their activities might affect native title. Before first entering land to conduct exploration operations, an explorer must give at least 21 days’ notice to the owner of the land. For the purposes of the Mining Act, ‘owner’ of land includes (among other persons) a person who holds native title in the land or has a registered native title claim.
A notice of entry is not required in certain circumstances, including if the company is authorised to enter the land by agreement with the owner of land (including a Part 9B native title agreement or ILUA registered under the Native Title Act) or under a native title determination made by the ERD Court.
Accordingly, where exploration activities do not affect native title, the notice of entry is the first time an explorer is required to contact a native title group to enter land. Even if an explorer considers their proposed exploration activities could not reasonably be expected to affect native title or heritage, in the interests of clarifying the nature and effect of those activities, and building trust with native title groups, best practice is for explorers to engage native title groups early in their planning and communicate with them throughout the exploration process.
3.1.3 Aboriginal Heritage Act 1988
The Aboriginal Heritage Act protects Aboriginal sites, objects and remains of significance to Aboriginal
archaeology, anthropology, history and tradition. It applies to all Aboriginal sites and objects, whether they are
registered, reported or unrecorded. Risk management regarding the potential for on ground activities to
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damage, disturb or interfere with Aboriginal sites, objects or remains requires early consultation with the
relevant Aboriginal group.
Where the requirements of the Aboriginal Heritage Act are not complied with, a person runs the risk of
substantial fines and/or potential imprisonment if sites or objects are damaged or destroyed.
These relationships are critical and if formed in the early stages of a project can provide a strong foundation
on which to continue long-lasting collaborative partnerships. The time and energy invested into building strong
relationships is vital should a new resource discovery be made. More information about the Aboriginal
Heritage Act can be found in the DEM publication Aboriginal heritage guidelines for resource projects in South
Australia https://sarigbasis.pir.sa.gov.au/WebtopEw/ws/samref/sarig1/image/DDD/RB201700035.pdf
4 Other jurisdictions
South Australia has an alternative scheme to the ‘right to negotiate’ (RTN) in the Commonwealth Native Title
Act 1993 that applies in other States and Territories. This alternative scheme, in section 58 and Part 9B of the
Mining Act 1971 (Mining Act) has been in operation since 1996. Unlike other jurisdictions the Part 9B system
does not have a trigger for early engagement between native title groups and explorers.
Under the Commonwealth RTN process, the triggers for engagement are clear. Because agreement with
native title groups is generally required before the grant of an exploration licence or permit, parties are
expected to engage early. This engagement is supported by a higher degree of standardisation in relation to
the negotiation and agreement making process than is current in South Australia. This higher degree of
standardisation provides the certainty that explorers and native title groups expect, but still allows flexibility for
parties to negotiate and agree to terms based on their particular circumstances and needs.
Yamatji Marlpa Aboriginal Corporation (YMAC), the native title representative body for the Yamatji and Pilbara
regions in Western Australia, has a comprehensive website, designed for both internal and external users
including highly detailed Aboriginal cultural heritage management guidelines.
ymac.org.au/wp-content/uploads/2013/07/YMAC-Heritage-Guidelines-Apr-15-2.pdf
ymac.org.au/
Each of the Registered Aboriginal Parties in Victoria has its own website. Individual websites can be reached
though the link below. They contain information about the group, their aspirations and interests and current
programs. www.vic.gov.au/aboriginalvictoria/heritage/registered-aboriginal-parties.html
The Larrakia Nation have a comprehensive website covering contact protocols, information about the Larrakia
Nation and the services they can provide. larrakia.com/about/protocol/
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5 Making the change
These issues raised in this paper can be addressed independently by each sector. For example, Government
could provide more information and guidelines, industry could initiate earlier face to face meetings with native
title groups prior to accessing country and native title groups could provide more information on how they
would like to be engaged.
Many of the changes suggested in this document rely on all parties to contribute to making change.
The policy amendments suggested in Discussion Paper 1 are intended to clarify when engagement takes
place. The quality of the engagement relies in part on resolving the issues discussed here.
6 Suggestions for change
This section based on the Co-designing the Future’ Moving Ahead’ Working Paper topics 1.2 and 1.3.
Sharing information contributes to a better understanding of each other’s interests and objectives. Greater
communication between native title groups, industry and government is needed to build respect and
understanding about each other’s needs and expectations throughout the exploration process.
To support good communication, there is strong interest in having:
More information about Aboriginal heritage and native title, exploration and mining
Clarifying effective engagement through the development of standard protocols and processes
Advice about what good agreement making looks like and what agreements should contain
Easy access to important information about all parties
More openness and transparency and greater sharing of information between all parties.
The issues surrounding the timing of and purpose of engagement and the development of educational material on
Aboriginal heritage, native title, mining and exploration by government were addressed in Discussion Paper 1.
This Discussion Paper addresses how organisations communicate with others, the information they
communicate about themselves and what information each party is seeking to help improve their understanding
about how other parties like to do business. Many of these issues can be resolved by each individual
organisation reviewing their current communications against what has been asked for, determining whether
there is further work to be done, and making a commitment to join in the process and implement change.
These topics are divided into two sections: information sharing; and cultural awareness, cultural competency
and relationship building.
Information sharing addresses the need for each sector to provide the others with clear information about the
organisation, i.e. who they are, what they do and what good engagement looks like for them.
Cultural awareness, cultural competency and relationship building looks at the extra effort parties need to take
to build a more comprehensive understanding of how to work together in a cross cultural context.
We invite your submissions on the issues raised in this section. A template for submissions is at Appendix 1.
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6.1 Ongoing communication and information sharing
Through Stronger Partners Stronger Futures DEM has engaged with peak representative bodies, the
Association of Mining and Exploration Companies, the South Australian Chamber of Mines and Energy, the
State Aboriginal Heritage Committee and the First Nations of South Australia Aboriginal Corporation. DEM has
also established the Stronger Partners Stronger Futures Steering Committee to provide joint oversight
between Government, peak bodies, industry and traditional owners in an advisory capacity.
6.1.1 What we heard
There needs to be a long term conversation between industry, government and native title groups, not just
one meeting.
Having access to the same information and learnings is the first step towards a more constructive dialogue
between parties.
6.1.2 Actions
Meaningful change requires a commitment from all to work together in good faith, respect each other’s
views and identify collaboratively what the future could look like. Only then can we use this unique
opportunity to create a system to better recognise the concerns of all parties.
A standard process for sharing information may help support communication and relationship building
between all parties. Up to date information about exploration companies and native title groups, together
with agreed codes of conduct or protocols for engaging and working with one another could be developed
and lodged on the DEM website for easy access. (See 6.2 and 6.3 for more details.)
6.1.3 Outcomes
A shared understanding of exploration planning and cultural implications for both native title groups and
industry, supported by a central repository for information that can be easily accessed by all parties.
Question 6.1
a) What arrangements could be put in place between industry, government and native title groups to make sure we keep talking about important issues?
Think about:
What format is best for sharing information, internet, newsletter, meeting, workshop,
conference, other?
How often should it happen?
Where should we hold events local, regional or state wide?
Who should attend if we meet, individual organisations or peak bodies?
How can we make it cost effective for everyone?
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6.2 Native title groups information sharing
During the first phase of an exploration project, explorers must establish who they need to speak with to
negotiate access to land.
Basic information about native title groups is available on the internet through websites such as Office of the
Registrar of Indigenous Corporations and the National Native Title Tribunal (NNTT). The NNTT whose
website contains a searchable register on native claims and determinations, advice on Indigenous Land Use
Agreements, and downloadable spatial data on native title claim and determination boundaries and maps of
claims, determinations and agreements.
While some contact information is provided, there is little information published about how each native title
group likes to operate to help others understand how they wish to be engaged.
6.2.1 What we heard
Native title groups want early and direct engagement and explorers want to build relationships with native
title groups. Many explorers recognise the need to engage early, but are asking for guidance on who to
talk to, when they are required to do so and what to do. Some are concerned about the costs of early
engagement for small businesses, an issue which is discussed further in Discussion Paper 1.
Many explorers advised that they find it easier to do business when there are consistent processes and procedures in place. The development and distribution of information including best practice codes of conduct or clear protocols regarding effective engagement were requested to assist in initiating consultation and understanding the needs of the group they are working with and as a mechanism for native title groups to clearly communicate expectations.
Protocols to inform explorers how to deal with native title groups appropriately and consistently may
include:
o Clarification on when to contact the lawyer and when to contact the group;
o Meeting protocols; introductions and information sharing
o The best time and place for face to face meetings
o Guidelines, permissions, protocols, costs, heritage matters etc.
o Timeframes for response.
o Provision for ‘leader to leader’ meetings, and
o Advice on language requirements for groups with English as a second language
The need for native title organisations to keep other parties informed of any relevant decisions such as
changes to the group’s executive team, directors or contact officers was also seen as important.
6.2.2 Future direction
Native title groups to clearly communicate their expectations through the development of agreed principles/protocols for engagement - either general in application, or where preferred, specific to a particular group. A draft template for contact details for native title groups outlining these suggestions can be found at Appendix B for your feedback.
This information to be included on the DEM website or the native group’s website.
Procedures are put in place by organisations to ensure that relevant changes such as new directors or
chairpersons are communicated easily and in a timely manner to interested parties.
6.2.3 Outcome
The outcome of these discussions is the development of agreed principles/protocols for engagement
supported by all.
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Question 6.2
a) What information do you provide other parties about your organisation at the beginning of
the engagement process?
b) How is this information provided?
c) What information about your organisation could you let other people know that is not
already available?
d) Would the draft template for contact details for native title groups attached at Appendix 2
be useful in developing a minimum standard of information for sharing?
e) Do you support keeping this information in a central place for everyone to find easily e.g.
the Department for Energy and Mining website? http://www.energymining.sa.gov.au/
f) What simple procedures can your organisation put in place to ensure other parties are
kept informed of any changes in your organisation?
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6.3 Explorers information sharing
Information on exploration and mining company websites is often presented using terminology that is designed
to appeal to shareholders and other industry stakeholders.
6.3.1 What we heard
Aboriginal people have to prioritise competing requests for their time, and resources. Being able to access the
right information quickly is important for information sharing and decision making.
In undertaking research as to who has contacted them, native title groups have found some company websites
difficult to use and understand. They would like information specific to their needs to be clear and easy to find.
When contacting native title groups, exploration companies should send out as much information as possible
for consideration and distribution prior to the first meeting. Explorers need to provide native title groups with
clear and timely advice as to:
Who the company is and who their representatives are including the main point of contact.
Why they are interested in the area and the commodity sought.
The methods of exploration, early or advanced.
Timeframes for the project.
Maps showing where they want to go.
Future activities/works.
Availability of key staff to meet with the group
Potential for ‘leader to leader’ meetings, and
Where English is a second language by traditional owners, companies should seek advice on the
preferred language for meetings.
Explorers should maintain regular contact regarding what they found and what will happen next at each stage
of the project.
Explorers should keep other parties informed about any key changes or decisions such as entering a joint
venture, selling on or relinquishing the tenement and changes in key personnel.
Concerns have also been raised regarding the use of ASX releases without ensuring the native title group is
clear as to the meaning and intent of the release.
6.3.2 Future direction
Native title groups to advise what f information they are seeking when they look up companies on the
internet. Based on this advice exploration and mining companies can consider whether:
o Their website has the information that native title groups are looking for in an easy to find way,
and is presented in plain English.
Exploration companies to set processes in place so that relevant changes in the program or organisation
are communicated clearly and in a timely manner.
Exploration companies to ensure that the information they send to native title groups is clear and
comprehensive and continues for the life of the project, including discussing ASX releases, before or at
the time of publication with the native title group.
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6.3.3 Outcome
Publicly available information about the company that is easy to find and understand.
When communicating with native title groups, industry provides clear and plain English information about
who they are and what they do/what work they want to do. A draft template for contact details for industry
outlining these suggestions can be found at Appendix C for your feedback.
Question 6.3
a) What information do you provide about your organisation at the beginning of the
engagement process?
b) How is this information provided?
c) What other information about your organisation are happy to share?
d) Would the draft template for contact details for industry attached at Appendix 3 be useful in developing a minimum standard of information for sharing?
e) Do you support keeping this information in a central place for everyone to find e.g. the
Department for Energy and Mining website? http://www.energymining.sa.gov.au/
f) Do you support the concept of an agreed protocol for explorers to follow based on a
minimum standard for contact for all groups?
g) What simple procedures can your organisation put in place to ensure other parties are kept
informed of any changes in your organisation?
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6.4 Cultural Awareness, Cultural Competency and Relationship Building
This section addresses the additional actions parties need to take to develop and maintain ongoing relationships based on a deeper understanding of each other’s values.
Cultural awareness is your understanding of the differences between yourself and people from other
backgrounds, and how you use this understanding to communicate effectively with members of another
cultural group.
Cultural competency requires your entire organisation to have a defined set of ethics and principles, and
demonstrate workplace behaviours that enable all staff from executive through to contractors to work
effectively with Aboriginal people.
6.4.1 What we heard
Building a shared understanding of each other’s interests, objectives and values, develops cultural awareness. This is best achieved by the parties taking time to sit down together and talk.
Government is responding to the request for more information and tools to support parties engaging early
(see section 6.2 and Discussion Paper 1) and it is hoped that the actions suggested above will facilitate
that process.
Showing respect for the land is important when engaging with native title groups. Explorers need to
demonstrate an awareness of country and its significance to Aboriginal people.
Better understanding of cultural competency through all levels of industry is seen as very important to build
relationships. Native title groups would like government to consider cultural competency when assessing a
company’s exploration licence applications. Where there are concerns in this regard the groups would like
to see an agreement made before the licence is granted or have input into the licence assessment process.
(These matters are discussed in Discussion Paper 1.)
Some native title groups have developed their own ‘on site’ inductions as part of the NTA process.
6.4.2 Future direction
Develop and promote cultural awareness training for explorers:
o Develop an easily accessible basic cultural awareness package for explorers to understand heritage
and native title, and Aboriginal history followed by;
o More advanced education from Aboriginal organisations to promote cultural competency to learn
about culture, accountability to other groups and elders, how communities operate and function
(e.g. governance and decision-making processes) specific to the group/s they will be working with.
Explorers to participate in community activities to learn the culture of the group they will be working with.
6.4.3 Outcome
Regular and ongoing cultural education of proponents
Explorers receive appropriate training and induction so they have an awareness of country and its
significance, and about the need to respect the land.
Exploration companies to reflect gender and cultural differences needed to engage with Aboriginal groups
in meetings and in the field.
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Question 6.4
a) What processes and policies does your organisation have in place to address the need for cultural awareness and cultural competency when working with Aboriginal people?
b) What activities can your organisation do, or be involved in, to promote good relationship building between industry and native title groups.
c) What tools or information do you need to help your organisation build better cultural awareness or cultural competency?
d) What information in addition to Aboriginal heritage, native title, legislation and Aboriginal history should be in a basic cultural awareness training package for explorers?
e) Do you think that an internet based basic cultural awareness training package for explorers is a good place to start?
f) Should cultural awareness training be linked to the licence application process (see Discussion Paper 1 section 6.2)
g) Does your organisation have a standard cultural awareness package?
h) Does your organisation have a standard ‘on site’ induction package for field staff and
contractors?
i) If the answers to ‘g’ and ‘h’ are no, what support do you need to develop these tools?
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7 What are the next steps?
This document contains a summary of the issues about early engagement and low impact exploration that
consultation participants raised as priorities, and possible actions to resolve those issues. DEM would like your
opinion on those actions (a submission form is contained in Appendix A.)
More detail on these issues, including a list of all comments raised, is in DEM’s Co-designing the Future
‘Moving Ahead’ Working Paper (August 2018) (Pdf 4.7 MB) and on the Co-designing the Future web page.
DEM will collate the submissions to this document and release a report on the findings. This report will outline
which issues have a resolution or agreed way forward, and which require more consultation. The report will
also specify what the next steps are to finalise the program.
7.1 How to make a submission
Please begin with a short introduction about yourself or the organisation you represent, including your name
(and that of your organisation, if applicable), together with your preferred contact details including a daytime
telephone number.
Your submission should set out your or your organisations views on the options presented. Please try and
answer as many of the questions as possible as we need to understand how the options presented will work
for your organisation.
The submissions form the basis on which decisions regarding the options presented will be made. In reporting
back on the results of consultation, DEM may draw upon the contents of submissions and quote from them or
refer to them in publications. If you wish to make a confidential submission, please say so clearly in your
submission and explain why your submission is confidential.
Receipt of submissions will be acknowledged by letter or email. Submissions which are anonymous, do not
address the options presented or contain offensive or defamatory content will not be accepted.
There are several ways to comment on the options in this paper:
Email or post a written submission using the template provided. Please type the answer to each question in the box beneath.
Submission forms can be filled out on line on our web page
energymining.sa.gov.au/minerals//land_access/stronger_partners_stronger_futures.
Discuss your position with your organisation or peak body and ask it to represent your position in its submission.
Make an appointment with the SPSF team to document your submission in person
Contact details for lodging your submission:
Email ‒ [email protected] Post ‒Stronger Partners Stronger Futures program
Heidi Crow, Principal Policy Advisor
Department for Energy and Mining
GPO Box 320
Adelaide SA 5001
The closing date for submissions is 26 July 2019
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Do you need more information before commenting?
We have published several papers documenting the results of consultation with native title groups and
explorers. These papers are worth reading for background information on how we have arrived at the options
presented in this paper. They can be downloaded from the DEM website,
energymining.sa.gov.au/minerals//land_access/stronger_partners_stronger_futures.
Co-designing the Future: Workshop Report 2017 (Pdf 3.4 MB)
Co-designing the Future: Issues Paper 2017 (Pdf 6.5 MB)
Co-designing the Future: ‘Moving Ahead’ Working Paper 2018 (Pdf 4.7 MB).
You can also ask DEM for more information or to answer your questions:
Email [email protected]
Phone during business hours, 9 am – 5 pm, Monday to Friday
Project Manager Heidi Crow +61 8 8429 2561
Project Officer Andrew Moll +61 8 8429 2504.
How will your input be used?
After the closing date, DEM will:
1. Use your feedback to decide which changes should resolve the issues and support the rights and
interests of both native title groups and explorers in mineral exploration.
2. distribute a report based on the feedback to all participants
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Appendix A: Submission template
Discussion Paper 2: Relationship building, cultural awareness and
cultural competency
Your details
Name
Organisation
Contact details
Type here
6.1 Government information sharing
a) What arrangements could be put in place between industry, government and native title groups
to make sure we keep talking about important issues?
Think about;
What could we do to stay in touch better
What format is best for sharing information, internet, newsletter, meeting, workshop,
conference, other?
How often should it happen?
Where should we hold events local, regional or state wide?
Who should attend if we meet, individual organisations or peak bodies?
How can we make it cost effective for everyone?
6.2 Native title groups information sharing
a) What information do you provide other parties about your organisation at the beginning of the
engagement process?
b) How is this information provided?
c) What information about your organisation could you let other people to know that is not already
available?
d) Would the draft template for contact details for native title groups attached at Appendix 2 be
useful in developing a minimum standard of information for sharing?
e) Do you support keeping this information in a central place for everyone to find easily e.g. the
Department for Energy and Mining website?
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f) What simple procedures can your organisation put in place to ensure other parties are kept
informed of any changes in your organisation?
6.3 Explorers information sharing
a) What information do you provide about your organisation at the beginning of the engagement
process?
b) How is this information provided
c) What other information about your organisation are happy to share?
d) Would the draft template for contact details for industry attached at Appendix 3 be useful in developing a minimum standard of information for sharing?
e) Do you support keeping this information in a central place for everyone to find easily e.g. the
Department for Energy and Mining website?
e) Do you support the concept of an agreed contact protocol for explorers to follow based on a
minimum standard for all groups?
f) What simple procedures can your organisation put in place to ensure other parties are kept
informed of any changes in your organisation?
6.4 Cultural Awareness, Cultural Competency and Relationship Building
a) What processes and policies do your organisation have in place to address the need for cultural
awareness and cultural competency when working with Aboriginal people?
b) What activities can your organisation do, or be involved in, to promote good relationship building between industry and native title groups.
c) What tools or information do you need to help your organisation build better cultural awareness or cultural competency?
d) What information in addition to Aboriginal heritage, native title, legislation and Aboriginal history should be in a basic cultural awareness training package for explorers?
e) Do you think that an internet based basic cultural awareness training package for explorers is a good place to start?
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f) Should cultural awareness training be linked to the licence application process ( see discussion paper 1 section 6.2)
g) Does your organisation have a standard cultural awareness training package?
h) Does your organisation have a standard ‘on site’ induction package for field staff and
contractors?
i) If the answers to ‘g’ and ‘h’ are no, what support do you need to develop these tools?
Any other comments
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Appendix B: Draft template for contact details for native title groups
Name
Flag or logo
Map
Group statement Could include;;
Aspirations
Interests
How the group likes to work with others
History
Values
Research interests
Business/ Services provided
Preferred language for meetings
Acknowledgement of country
Making contact. The best way to first engage with the group is ( tick relevant ones )
Phone
Email Letter
To
our
Lawyer Chairperson
Executive Officer
Secretary
Contact details
Preferred meeting venue
Office
Other location
Indicative timeframe for response
Process for responding to requests for meetings
Table at board meeting Other
Native Title Agreement decision making process
Board meeting
Community meeting
Other
Cost recovery requirements
Key messages
Cultural protocol for visitors e.g.
1. The Larrakia people are the Aboriginal traditional owners of all land and waters of the greater Darwin area including identified Aboriginal living areas.
2. Aboriginal lore/law requires respect for the cultural authority of the traditional owners.
3. Larrakia speak for Larrakia country; other traditional owners speak for their traditional lands.
4. We have a mutual obligation to care for our country with our neighbours.
5. Visitors should be aware that we have a body of knowledge in our land and waters, which includes sites of significance.
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6. Larrakia people expect visitors and service providers to be aware of Larrakia cultural obligations and to respect and acknowledge them.
7. Visitors have the right to be treated with respect and understanding.
8. All visitors are responsible for their behaviour and should respect guidance of Larrakia.
9. Learning about country is everybody’s responsibility and it is also the responsibility of government and non-government agencies.
10. Inappropriate behaviour reflects badly on Larrakia people and we do not accept it.
Sourced from Larrakia website http://larrakia.com/
Community expectations e.g.
A proponent should come into the community first to inform members of its desire to explore the area;
A proponent should commit to hiring and involving members of the community from the beginning stages of exploration and into mine development;
A proponent should hold engagement meetings conducted with honesty and respect that include and interest community members;
A proponent should work hand in hand with Aboriginal community counterparts, ensuring that they have the tools necessary for engagement, from the outset of a project;
A proponent should be honest about the potential effects that a project might have on a community;
A proponent should demonstrate some effort towards developing an agreement with the community;
A proponent should be willing to visit the community and hold in-person meetings.
Sourced from 2016 ABORIGINAL ENGAGEMENT HANDBOOK A handbook for
proponents of mineral exploration and mining in Manitoba
Opportunities for relationship building
Cultural awareness training
Partnerships
Economic development opportunities
Participation in community activities
Other………
How to learn more about the group e.g.
website
publications
video
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Appendix C Draft template for contact details for industry
Company name Company logo
Office Location
Key personnel for community
engagement
Exploration manager
Stakeholder engagement officer etc.
Company profile
Engagement policies
History
Values
Joint venture partners
Other projects
Commodities sought
tenements map
Stakeholder engagement opportunities
Cultural awareness training
Economic development opportunities
Participation in community activities
Other………
Policies and other public information
Reconciliation action plans
Key messages / key activities
Business/ Services/ training opportunities
Aboriginal partnerships
How to learn more about the company e.g.
website
publications
video
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