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YMAC Project Timeline
ILUA/Head Agreement execution approvals
In this stage, the Indigenous Land Use Agreement (ILUA) and/or Head Agreement and other commercial agreements are finalised and executed by the Renewable Energy Developer (RED), Prescribed Body Corporate (PBC) and other stakeholders. Comprehensive agreements can take years to negotiate.
ILUAs/Head Agreements and ancillary commercial agreements based on the principles of free, prior, and informed consent (FPIC) will have considered the requirements of stages 10 to 16 to include necessary components of project design, construction, life cycle, etc. PBC participation is finalised and documented at this stage.
The time to finalisation of ILUAs, Head Agreements, and/or strategic/commercial agreements depends on the project. This stage can occur later along the timeline depending on the project, e.g., particularly after stage 11, because REDs need to share information with PBCs about what the final design will look like.
The scope for change must be defined within the ILUA/Head Agreement. Activity associated with any decisions made (e.g., based on changes or new information that comes to light) cannot progress in any way without free, prior, and informed consent (FPIC).
Consent, approval and information sharing
Consent and negotiations must be culturally appropriate and reflect decision-making processes that abide by traditional Lore and customs, as well as the native title law and governance requirements of the PBC.
PBCs should be fully informed at each stage of the negotiations with financiers and other third parties. The community also needs to be informed well in advance, e.g., through information meetings prior to the ILUA and the Common Law Holders' authorisation meeting.
Execution of ILUAs/Head Agreements should be celebrated with Traditional Owners and community with an on-site/on-Country event. The authorisation meetings and celebration events are funded by the RED.
Communications and announcement opportunities arise in this stage and must be jointly managed with full consultation and agreement, e.g., media announcement, newsletter to Common Law Holders. Failure to do so may be perceived as coercion, intimidation or manipulation and undermine FPIC.
Processes and outcomes must be documented along with regular review at agreed intervals, particularly when new information comes to light. Sharing this with PBCs, in a timely manner, is an effective way to achieve FPIC at every stage throughout the process and keep the project on track.
YMAC’s Renewable Energy Guide has been developed for use by Prescribed Bodies Corporate (PBCs), Traditional Owners, Renewable Energy Developers (REDs), government and industry.
It is designed as a ‘big picture’ framework for renewable energy projects. Its intention is to support a best practice approach by all parties involved in a project.
All projects are different, and the Project Timeline is not intended to be a perfect fit for all projects. That is, for any project, stages may occur or commence at different times or not be required. Some stages are linear, and others may occur, in whole or in part, concurrently. Each stage incorporates considerations for other stages, as relevant to a project.
