Preparing an EES consultation plan

The environmental assessment process for projects subject to the Environment Effects Act 1978 (the ‘Act’) is set out in the Ministerial guidelines for assessment of environmental effects under the Environment Effects Act 1978 (the ‘Guidelines’).

Consultation

Consultation is a key aspect of the environment assessment process in Victoria. It helps build understanding around the issues and implications of the project. Consultation allows stakeholders’ knowledge and views to be considered in both project planning and formal decision making.

Consultation during the environment effects statement (EES) process encompasses both:

• informal consultation by the proponent with stakeholders during investigations to assist the development of a sound EES
• formal opportunities for public input into the scoping requirements for an EES and the review of an exhibited EES.

As part of the preparation of an EES in accordance with the Guidelines, the project proponent is responsible for keeping the public informed and consulting with all relevant stakeholders.

EES consultation plans

A consultation plan may be prepared voluntarily for other major projects subject to an alternative tailored or focused environmental assessment process.

An EES consultation plan sets out how a proponent will undertake to inform the public and obtain input from stakeholders when preparing an EES. It provides a framework for action and accountability.

The consultation plan should clearly document how the proponent will:

• inform the public about the proposed project and program of EES studies
• seek targeted input from stakeholders during preparation of the EES to:
  • identify issues of potential concern
  • obtain local knowledge on existing conditions
  • understand perceptions of potential effects
  • gain feedback on measures that might provide reasonable responses to stakeholder concerns (including potential refinement to the proposal)
• respond to stakeholder input.

The choice of consultation activities or methods, and the timing and extent of their use, should be tailored to the circumstances of the project.

Developing an EES consultation plan

The consultation plan is not intended to follow a highly prescriptive format or approach, or to limit consultation that is undertaken. Consultation needs will typically evolve, and the plan is able to be modified throughout the EES process to respond to changing stakeholder needs.

The proponent should begin consulting with stakeholders during preliminary studies, prior to the referral of a project for a decision on whether an EES is required. Early consultation will assist in the development of a well-conceived project concept and program for further studies.

The draft consultation plan should be prepared in conjunction with the draft study program to assist in identifying issues that need investigation and framing study methodologies that provide opportunities for targeted stakeholder input where appropriate.

A technical reference group (TRG), convened by the Department, will usually be appointed to provide advice when preparing an EES. Group members will be drawn from government agencies, local government and regional authorities and will provide advice to the proponent on preparing an EES, including the design and implementation of an EES Consultation Plan.

The Department will consider the views of the TRG when advising the proponent on refining the Plan to a suitable standard. The final EES Consultation Plan will be published on the Department website once it is satisfied that the Plan will provide for effective consultation throughout the EES process.

The process for developing an EES consultation plan, in relation to the overall EES process, is:

What to include in an EES consultation plan

The consultation plan should include:

1. Stakeholder identification

Accurate identification of stakeholders is fundamental to the development of an effective consultation plan. Proponents must understand who they are trying to reach through consultation activities and how these stakeholders are most likely to access and understand the information presented.

Identification of stakeholder groups for consultation should take account of:

• the uses and values of the environment for different stakeholders
• the potential effects of the project on stakeholder interests
• the extent to which stakeholder interests are represented by organised groups.

Consultation efforts can focus on individual households, organisations or representatives of particular interests that might be significantly affected by a project, though reasonable effort should also be made to inform and invite input from stakeholders that may be affected to a less significant degree.

2. Stakeholder analysis

Once identified, conduct analysis of stakeholders to better understand the character, interests, and consultation needs of different groups to establish the most appropriate methods for consultation.

Consideration should be given to:

• cultural or other social factors that may affect the participation of groups potentially affected by a project (where appropriate, provide summary information in languages other than English and suitable opportunities for input)
• the ability of stakeholders to access information and willingness to engage in different forms of consultation
• the level of interest in, and potential contribution to, particular EES studies from individuals or groups.

The draft Plan should be accompanied by a preliminary list of stakeholder issues, identifying concerns of stakeholder groupings that relate to possible project effects. This list will provide a tangible context for evaluating the adequacy of the draft Plan, having regard to the nature, breadth and strength of issues or concerns.

3. Consultation methods and schedule of activities

There are a range of methods for consultation, from those that require little or no dialogue and provide broad information, through to structured interviews and methods involving active discussion and negotiation.

In most cases, a mix of methods will be needed to effectively engage with the spectrum of stakeholders interested in the EES process, with a balance between consultation from specialist consultants or project managers and opportunities for stakeholders to engage with the actual project proponent.

Consultation activities detailed in the Plan should differentiate between the focussed input that might be sought from individuals, organisations or social sectors with particular knowledge as part of specialist EES studies (to obtain local knowledge on existing conditions or views regarding potential effects), and broad community engagement activities that seeks to inform the community more generally. The purpose of each activity should made clear to avoid creating expectations around a level of interaction that is not intended, or is able, to be satisfied.

It is important the commitments given to conduct particular engagement activities in the Plan are met. Speculative activities should not be included unless clearly identified as contingencies only.

Moving through the EES process, there is an increasing level of interaction from inform to consult to involve for public participation (adapted from IAP2 Public Participation Spectrum).

4. Recording, monitoring and reporting

The consultation plan should outline how inputs from stakeholders will be recorded, considered and/or addressed in the preparation of the EES and supporting technical studies, and how this will be reported to the TRG.

While it is not the specific purpose of a consultation plan to facilitate agreement between the proponent and stakeholders about issues, it is in the interest of the proponent to respond positively to stakeholders’ inputs where they have a sound basis.

A program for evaluating stakeholder involvement should also be included to enable improvements to the plan to be made as the project progresses.

Consultation checklist

Provide at referral stage

• Information about stakeholder consultation conducted to date
• Draft consultation plan if available.

Provide in EES consultation plan

• Identification of key stakeholders
• Analysis of stakeholders, including a listing of key interests and issues
• Description of consultation methods to be used, including:
  1. broad activities for the project as a whole
  2. targeted activities to inform specific technical studies
• Outline of how inputs from stakeholders will be recorded and addressed
• Proposed timing and sequence of consultation activities.

Page last updated: 18/09/24