The mutually accepted process for between the site and the affected indigenous groups is documented in the Community Engagement Plan. There must be evidence of an agreement where consent is given.
In cases where national legislation or legal precedent require a site to develop a specific type of plan or agreement, these national requirements take precedence over and may replace the agreement as long as they satisfy the requirements of this section and communities agree that they represent consent. If agreed with communities, the agreement may also be part of the ; however, the specific activities to which relates should be clear if contained within an , which is likely to also cover broader issues.
The agreement outlines the agreed terms under site activities can proceed. It must be signed or otherwise validated by legitimate representatives of both the site and the indigenous community, and typically includes the following provisions:
- commitments made by both parties
- description of site activities and (potential) adverse impacts
- duration of the agreement
- procedures for renewal, termination, renegotiation or withdrawal of consent
- a mutually agreed grievance/dispute-resolution process
- what might happen under possible future scenarios; e.g. if there are changes to the agreed site design and activities
- economic terms and conditions (e.g. compensation, benefit sharing)
- other terms and conditions as mutually defined or recognised.
If consent is not given during the initial process, the site shall follow the indigenous community’s wishes regarding whether for the same or similar activities may be sought again later. Conditions for this should be outlined in the Community Engagement Plan. If consent is not given, the site must alert Group Social Performance in due time to jointly agree a suitable way forward.
An agreement is not the end of the process. Engagement with the indigenous community continues throughout the Life of Asset to ensure that commitments made are carried out and that consent is maintained and/or renewed as required.