ICIN Guidelines on Seeking Free, Prior and Informed Consent adopted as Industry Best Practice
Indigenous rights recognised in carbon industry Code of Conduct
We are pleased to announce that the peak industry body, the Carbon Market Institute has fully adopted the ICIN Guidelines to Seeking Free, Prior and Informed Consent from Indigenous Communities for Carbon Projects as Best Practice for the carbon industry in its Code of Conduct.
This is a great step forward toward recognising the rights and interests of Indigenous communities in carbon.
ICIN is now an Associate Member of the Carbon Market Institute.
Carbon Market Institute CEO John Connor said in a Media Statement:
“As Australia’s market expands and matures, it is critical that consumers are protected from irresponsible and inappropriate behaviour that might arise. It is important that both demand and supply-side participants are provided with enough information to make informed commercial decisions.
It is also critical that Indigenous communities, eligible interest holders and other landholders are engaged early and appropriately to provide appropriate consents. In particular, the Indigenous Carbon Industry Network’s guide on “Seeking free, prior and informed consent from Indigenous communities for carbon projects” has been adopted as best practice. The Administrator will be consulting on the best mode of implementation of the guide.
CMI will continue to work with all stakeholders to expand the multi-million dollar employment, environmental and social benefits flowing to regional communities from carbon projects since 2012.
ICIN has been strongly advocating for the Best Practice Guidelines to included in the industry Code of Conduct as well as other industry advice and government regulations to ensure Traditional Owners, including native title holders and native title claimants, are properly informed about any potential carbon projects on their country and empowered to make decisions about whether or not to give consent to any new project before it is registered with the Clean Energy Regulator.
The Guidelines go further than the current Native Title and Eligible Interest Holder Guidance by the Clean Energy Regulator, which allows projects to be conditionally registered prior to obtaining all eligible interest-holder consents provided that the project proponent has the legal right to run the project.
If a proponent fails to obtain all eligible interest holder consents before the end of the first reporting period (a maximum of two years for projects under emissions avoidance methods, and five years for projects under sequestration methods), the Clean Energy Regulator may revoke the project for failing to meet the conditions of its declaration.
To mitigate against this risk, in the interests of recognising Indigenous rights and as part of good business practice, the ICIN Best Practice Guidelines recommend that proponents seek the free, prior and informed consent of Traditional Owners prior to registering a project.
Thank you to key contributors the Kimberley Land Council, Jawun, Indigenous Land and Sea Corporation, Northern Land Council, ALFA NT, Warddeken Land Management and Balkanu Cape York Development Corporation.