Licences

This stage is about negotiating the terms for initial land access to carry out feasibility studies in a way that complies with heritage and communication protocols. Working together to develop a section 91 licence (per the Land Administration Act 1997 (WA) (LAA)) agreement is typically the first time a Renewable Energy Developer (RED) will engage with a Prescribed Body Corporate (PBC). It’s often concurrent with stages 3, 4 and 6.

To undertake preliminary investigations as part of the initial feasibility testing for the project, a RED will generally seek an investigation licence to be granted under section 91 of the LAA.

REDs need to engage PBCs well in advance of making any tenure application under the LAA. If the section 91 licence area is over a native title determination, the Department of Planning, Lands, and Heritage (DPLH) requires the consent of the relevant Common Law Holders before it will issue the licence. If they haven’t already done so at stage 4, PBCs need to identify exclusion zones and no-go areas, and share this information with REDs, so their concerns about risks and impacts can be included in baseline and ongoing feasibility surveys. The RED should use information gathered to address impacts and tailor implementation.

Prior to giving a letter of consent, PBCs should require that the RED:

enters into a section 91 licence agreement to set out the relevant heritage protocols for the section 91 licence activities;
provides a copy of the licence application; and
includes proposed initial benefits (e.g., community) as part of the section 91 agreement.

Negotiations and preliminary heritage discussions are funded by the RED. Section 91 licence agreements might:

refer to or incorporate the initial Communications Protocol developed at stage 3; and
refer to an initial timetable to commence Indigenous Land Use Agreement (ILUA) negotiations, if applicable, prior to entering into a Negotiation Framework Agreement (NFA).

Processes and outcomes must be documented, along with regular review at agreed intervals, particularly when new information comes to light. Sharing this with the PBC, in a timely manner, is an effective way to achieve free, prior, and informed consent (FPIC) at every stage throughout the process and keep the project on track.

Important notes about this timeline

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.

The Project Timeline is a GUIDE ONLY.

Licences

Section 91 licence

Agreement-making