Jadestone Energy Australia - Consultation

Overview

Following a change in the offshore Commonwealth regulatory regime in Q4 2022 due to a landmark federal court case (Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193), a significant shift in how consultation is undertaken with stakeholders resulted in extended timeframes for regulatory acceptance.  The requirement for consultation now extended to multiple groups and individuals to ensure everyone had an opportunity to be consulted, and also required multiple follow-up activities to provide evidence that stakeholders had been provided adequate information, opportunity and time to contribute.

Challenges

Previously, consultation was undertaken through email and postal correspondence issued to persons that may be affected by planned activities in the course of ongoing operations at Jadestone Energy’s Australia assets located 60 km and 250 km off the coast of Western Australia.  

Following the federal court decision, any persons that may have functions, interests or activities in an area that may be affected by both planned and unplanned activities were identified as persons that need to be consulted.  This shifted the number of people from less than 50 to several hundred; and also required multiple follow-up conversations to ensure meaningful engagement.

The challenge was not only in identifying relevant persons, but also corresponding, logging and assessing all correspondence to meet regulatory requirements.  In addition, consultation with first nations people was also required and appropriate cultural protocols followed.  All whilst under pressure to continue operations at the offshore assets.

Solutions

MCC, through their existing relationships engaged a first nations expert to support MCC in connecting with the right people in a culturally appropriate manner.  MCC facilitated several meetings with various groups to present relevant and adequate information in a simple, succinct and tailored way to ensure meaningful engagement.

MCC also facilitated community engagement sessions and newspaper advertisements to encourage people to self-identify as relevant persons to prevent persons from being missed who may wish to be engaged.  

This also included presenting statistics on the reach of advertisements (such as readership and distribution) as well as social media advertising with statistics on the reach and engagement (number of clicks).  

Implementation

MCC issued hundreds of emails, letters, phone calls and communications as well as facilitated several meetings and community sessions to ensure engagement with relevant persons.  The consultation log runs to many hundreds of pages to support the regulatory assessment of the consultation undertaken.  Through implementation of the social media advertising, evidence could be presented to the regulatory authority to show the opportunity that people in the community had to engage and also demonstrate any interest or additional issues that arose through the process.

Results

Through the implementation of activities MCC were able to acquire acceptance of the regulatory document to the satisfaction of the regulator, allowing Jadestone Energy to continue operations. MCC also established relationships with groups that had not previously been engaged, including visits “on country” to foster meaningful discussion and provide support in understanding the potential impacts of oil and gas activities in the far offshore environment on cultural activities in the nearshore. This has led to ongoing regular meetings with first nations groups to ensure continued relevant engagement into the future.