Social Impact Assessment Guideline

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SocialimpactassessmentguidelineFor State significant mining,petroleum productionand extractive industrydevelopmentSeptember 2017Social impact assessment guideline For State significant mining, petroleum production and extractive industry developmenti

Crown Copyright, State of New South Wales through its Department of Planning and Environment 2017.DisclaimerWhile every reasonable effort has been made to ensure that this document is correct at the time of printing,the State of NSW, its agents and employees, disclaim any and all liability to any person in respect of anything or theconsequences of anything done or omitted to be done in reliance or upon the whole or any part of this document.Copyright noticeIn keeping with the NSW Government’s commitment to encourage the availability of information, you arewelcome to reproduce the material that appears in ‘Social impact assessment guideline for State significant mining,petroleum production and extractive industry development’ for personal, in-house or non-commercial usewithout formal permission or charge. All other rights are reserved. If you wish to reproduce, alter, store or transmitmaterial appearing in the ‘Social impact assessment guideline for State significant mining, petroleum productionand extractive industry development’ for any other purpose, a request for formal permission should be directed to,Planning Policy, Strategy and Governance Division, NSW Department of Planning and Environment, GPO Box 39Sydney NSW 2001.

ContentsIntroduction1Purpose of this guideline1Objectives of this guideline2Application of this guideline21Social impact assessment for State significant resource projects41.1What are social impacts?51.2Social impact assessment as part of environmental impact assessment71.3Principles to guide social impact assessment and potential benefits102Community engagement for social impact assessment112.1Engagement objectives for social impact assessment122.2Who to engage132.3How to engage133Scoping the social impact assessment component of the environmental impact statement 163.1Understanding the project’s area of social influence173.2Identifying potential social impacts193.3 Development of the Secretary’s Environmental Assessment Requirements214Preparing the social impact assessment component of the environmental impact statement 225Assessment, determination and post-approval pproval286Glossary29

Appendix A – Scoping tool 32Appendix B – Scoping methodology for negative social impacts 33B1.Checklist of matters33B2.Activities causing impacts35B3.Estimating material effects35B4.Cumulative impact37B5.General level of mitigation required37B6.Views of potentially affected people and other interested parties37B7. Resulting level of assessment and social impact assessment checkpoint38Appendix C – Preparing the social impact assessment component of the environmentalimpact statement 39C1.Social baseline study39C2.Predicting and analysing social impacts41C3.Evaluating social impacts41C4.Developing responses to social impacts43C5.Developing a monitoring and management framework46Appendix D – Review questions48

IntroductionPurpose of this guidelineState significant resource projects (that is, State significant mining, petroleum production and extractive industryprojects) can create both positive and negative social impacts. This guideline provides direction on assessing theseimpacts in the context of the environmental impact assessment (EIA) process under the Environmental Planning andAssessment Act 1979 (EP&A Act).In this guideline, social impact assessment (SIA) is the process of identifying, predicting, evaluating and developing responses to the social impacts of a proposed State significant resource project, as part of the overall EIA of thatproject. SIA is not a one-size-fits-all process. It needs to be proportionate and tailored to suit the project’s context andthe nature and scale of its impacts.State significant resource project applicants, professionals engaged in the assessment of social impacts associatedwith those projects, and the wider community should use this guideline. Assessment officers in the Department ofPlanning and Environment will also use the guideline when reviewing SIA-related information submitted by applicantsat different phases in the EIA.This guideline provides information on: what social impacts are and how to integrate SIA into different EIA phases (Section 1)what level of community and stakeholder engagement is expected for SIA activities (Section 2)what SIA information project applicants are expected to provide:oin the scoping phase of EIA (Section 3)oin the environmental impact statement (EIS) preparation phase of EIA (Section 4) how SIA information is considered in the assessment, determination and post-approval stagesof EIA (Section 5) key terms in the form of a glossary (Section 6).This guideline should be read in conjunction with relevant draft guidelines in the Department’s draft EIA GuidanceSeries (2017), including: Community and stakeholder engagementScoping an environmental impact statementPreparing an environmental impact statement Approach to setting conditionsModifying an approved projectPeer review.This guideline will be updated to reflect the final guidelines in the EIA Guidance Series; and it will be reviewed fromtime to time as needed.Social impact assessment guideline For State significant mining, petroleum production and extractive industry development1

Objectives of this guidelineThe objectives of this guideline are to: provide a clear, consistent and rigorous framework for identifying, predicting, evaluating and responding tothe social impacts of State significant resource projects, as part of the overall EIA process facilitate improved project planning and design through earlier identification of potential social impacts support informed decision-making by strengthening the quality and relevance of information and analysisprovided to the consent authority facilitate meaningful, respectful and effective community and stakeholder engagement on social impactsacross each EIA phase, from scoping to post-approval ensure that the potential social impacts of approved projects are managed in a transparent and accountableway over the project life cycle through conditions of consent and monitoring and reporting requirements.promote better development outcomes through a focus on minimising negative social impacts andenhancing positive social impactsApplication of this guidelineThis guideline applies to all applications for development consent for State significant resource projects wherethe Secretary’s Environmental Assessment Requirements (SEARs) are issued after the date of publication ofthis guideline.1 2 3This guideline also applies to applications to modify an approved State significant resource project where: the application is submitted after the date of publication of this guidelinethe social impacts associated with the proposed modification are new or different (in terms of scale and/orintensity) to those that were approved under the original consent.This guideline will not apply to modification applications that are of an administrative nature (that is, to rectify a minorerror, misdescription or miscalculation).4Applicants considering a modification should seek advice from the Department about what is required prior tolodging an application.1The general approach outlined in this guideline can be applied to other State significant projects at the discretion of the applicant.Refer to Part 2 clause 8, and Schedule 1 clauses 5-7 of State Environmental Planning Policy (State and Regional Development) 2011 for further detail onwhich resource projects have been declared to be State significant development.2Resource projects are defined in Part 1 clause 3 of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007and include development for the purpose of:34 mining – the removal of minerals, including coal, by methods such as excavating, dredging, or tunnelling, and including: the construction,operation and decommissioning of associated works; the stockpiling, processing, treatment and transportation of materials extracted; and therehabilitation of land affected by mining petroleum production (oil and gas, including coal seam gas) – the recovery, obtaining or removal of petroleum, and including: the construction,operation and decommissioning of associated petroleum related works; the drilling and operation of wells; and the rehabilitation of land affectedby petroleum production extractive industry – the removal of sand, gravel, clay, soil, rock, stone or similar substances by methods such as excavating, dredging, or quarrying, and including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing orseparating.Section 96(1) of the EP&A Act.Social impact assessment guideline For State significant mining, petroleum production and extractive industry development2

If this guideline does apply, the methodology outlined in Sections 3 (Scoping the SIA for the EIS) and 4(Preparing the SIA for the EIS) of this guideline should be followed to identify, predict, evaluate and respond tothe social impacts of the proposed modification. This analysis should also be informed by appropriate communityengagement (see Section 2 for further detail on what that engagement may involve).Transitional arrangementsThe transitional arrangements in Table 1 will apply for State significant resource project development applications withSEARs issued before the date of publication of this guideline.Table 1: Transitional arrangements for State significant resource project development applications#Project categoryTransitional arrangements1Currently preparing an environmental impactstatement and expected to submit developmentapplication and environmental impact statementin six months or moreThe Department, in consultation with theapplicant, will re-issue the Secretary’sEnvironmental Assessment Requirementsto require the social impact assessmentcomponent of the environmental impactstatement to be prepared in accordancewith this guideline.2Currently preparing an environmental impactstatement and expected to submit developmentapplication and environmental impact statementin less than six monthsThe Department may, if needed, requestadditional information on, or assessment of,specified social impacts identified in the submittedenvironmental impact statement or in submissionsreceived during the public exhibition period,in accordance with this guideline.3Development application and environmentalimpact statement have been submittedThe Department may, if needed, require additionalinformation on, or assessment of, specified socialimpacts identified in the environmental impactstatement, submissions received during the publicexhibition period, or the Response to SubmissionsReport, in accordance with this guideline.Social impact assessment guideline For State significant mining, petroleum production and extractive industry development3

1Social impactassessment forState significantresource projectsSocial impact assessment guideline For State significant mining, petroleum production and extractive industry development4

1.1What are social impacts?In the context of this guideline, a social impact is a consequence experienced by people5 due to changes associatedwith a State significant resource project. As a guide6 , social impacts can involve changes to people’s: 5way of life, including:ohow people live, for example, how they get around, access to adequate housingohow people work, for example, access to adequate employment,working conditions and/or practicesohow people play, for example, access to recreation activitiesohow people interact with one another on a daily basis community, including its composition, cohesion, character, how it functions and sense of place culture, including shared beliefs, customs, values and stories, and connections to land, places,and buildings (including Aboriginal culture and connection to country) health and wellbeing, including physical and mental health7 personal and property rights, including whether their economic livelihoods are affected, and whetherthey experience personal disadvantage or have their civil liberties affected decision-making systems, particularly the extent to which they can have a say in decisions that affect theirlives, and have access to complaint, remedy and grievance mechanisms fears and aspirations related to one or a combination of the above, or about the future of their community.access to and use of infrastructure, services and facilities, whether provided by local, state,or federal governments, or by for-profit or not-for-profit organisations or volunteer groupssurroundings, including access to and use of ecosystem services8, public safety and security, access to anduse of the natural and built environment, and its aesthetic value and/or amenity9‘People’ includes individuals, households, groups, communities, organisations and the NSW population generally.Adapted from the definition endorsed by International Association of Impact Assessment and outlined in: Vanclay, F. (2003). International Principles forSocial Impact Assessment. Impact Assessment & Project Appraisal 21(1): 5-11.6The World Health Organization defines health as a state of complete physical, mental and social wellbeing and not merely the absence of disease orinfirmity. For this guideline, wellbeing is a state in which people have their basic needs met, can realise their potential, can cope with the normal stresses oflife, can work productively and fruitfully, and can participate in their community. See: Smyth, E. and Vanclay, F. (2017). The Social Framework for Projects:a conceptual but practical model to assist in assessing, planning and managing the social impacts of projects. Impact Assessment and Project Appraisal,35:1, p. 78; Schirmer, J., et al. (2016), Wellbeing, resilience and liveability in rural and regional Australia: The 2015 Regional Wellbeing Survey, University ofCanberra, p. 23; and OECD. (2011). How’s life?: measuring well-being. OECD Publishing, p. 18: tem services include: provisioning services, such as food and water; regulating services, such as flood and disease control; supporting services,such as nutrient cycling, that maintain the conditions for life on Earth; and cultural services, such as spiritual, recreational, and cultural benefits.See: Millennium Ecosystem Assessment (2005). Ecosystems and Human Well-Being: Our Human Planet: Summary for Decision Makers.The Millennium Ecosystem Assessment Series, Volume 5, Island Press, Washington DC.8When considering perceptions of adverse impacts on amenity, an evaluation must be made of the reasonableness of those perceptions. This evaluationinvolves ‘the identification of evidence that can be objectively assessed to ascertain whether it supports a factual finding of an adverse effect on amenity ’:Telstra Corporation Ltd v Hornsby Shire Council [2006] NSWLEC 133.9Social impact assessment guideline For State significant mining, petroleum production and extractive industry development5

Social impacts vary in their nature, and can be: positive (for example, increased local and regional job opportunities) or negative(for example, increased prevalence of certain physical health conditions) tangible (for example, availability of affordable housing) or intangible (for example, social cohesion) direct (that is, caused by the project), indirect (that is, caused by a change that is caused by the project), orcumulative (see Box 1) directly quantifiable, indirectly or partly quantifiable (including by using proxy indicators), or only able to bedescribed and assessed in qualitative terms experienced differently:o by different people and groups within a community (for example, an increase in the costof housing may be positive for homeowners wanting to rent out or sell their properties,but negative for individuals and families wanting to enter the same market)o by different communities (for example, people neighbouring a project may experience mostof the noise and dust impacts, while people in the region’s nearest town may experience most ofthe job opportunities)o at different times and stages of the project (for example, construction and commissioning,operation, decommissioning and closure, and post closure management).Box 1: Cumulative social impactsCumulative impacts are the successive, incremental and combined impacts (both positive and negative) ofactivities on society, the economy and the environment. They can arise from a single activity, multiple activitiesor from interactions with other past, current and foreseeable future activities. They can be ‘sink’ impacts arisingfrom the outputs of activities (that is, dust, noise, saline water), or ‘source’ impacts resulting from drawing uponand using the same resources as other industries (for example, skilled labour, housing, freshwater).10Cumulative impacts can arise in three main ways: ‘Spatial’ impacts are those that occur over the same area. For example, trucks from multiple operations mayproduce a cumulative noise impact along a common haulage route. ‘Temporal’ impacts are those that vary over time. For example, the construction of multiple large projects overthe same timeframe may produce a spike in temporary workers in an area, creating a short-term cumulativeshortage of accommodation. ‘Linked’ impacts involve more complex interactions, such as where an impact triggers another or wherea single activity has multiple impacts. For example, a resource project may generate noise and dust,consume local water resources, and increase traffic on local roads and services. The combination of thesevaried impacts may result in a cumulative impact on the social fabric of a locality.Franks, D. M., et al. (2010). Cumulative Impacts: a good practice guide for the Australian coal mining industry. Centre for Social Responsibility in Mining& Centre for Water in the Minerals Industry, Sustainable Minerals Institute, The University of Queensland. Australian Coal Association Research Program.Brisbane, p. 10.10Social impact assessment guideline For State significant mining, petroleum production and extractive industry development6

Social impacts can also be perceived. For instance, when a community or individual perceives resourceproject-induced changes as detrimental and unable to be suitably managed or controlled, stress may result.This is more likely to occur when the change event is perceived as being harmful, threatening or challenging;and the community or person perceives that they do not have the resources, coping strategies and/or supportavailable to manage or influence the disruptions caused by the event11.Factors that may influence the nature and scale of the social impacts associated with resource projects include the: project’s location, for example whether it is settled or remote and sparsely populated pace of change and inherent uncertainties associated with commodity price cycles.extraction methods used, for example underground or open cutlocal and regional context, including the extent to which they are dependent on resource projects,or other forms of industry; and local and regional communities’ experience and knowledge of resourceprojects, and their adaptability and resilience1.2 Social impact assessment as part of environmental impact assessmentEIA involves consideration of social, environmental, economic and other relevant effects in accordance with theEP&A Act. In this regard, SIA is a component of EIA.Figure 1: The relationship between the social impact assessment and other specialist studies, and how theserelate to the environmental impact statementEnvironmental impact statement (EIS)Specialist Study ASpecialist Study BSocial impact assessmentSpecialist Study CThe SIA is one of a range of specialist inputs that the EIA must synthesise and reconcile. For example, relevantenvironmental studies may capture a project’s impacts on surface water and reliant flora and fauna. The cost of anyresulting gains or losses may be quantified and captured in the economic assessment. The SIA would considerhow those gains or losses are valued, experienced by and distributed between different people (for example anyimplications for the ecosystem services provided by those natural resources and the people who access, use and/or value them). The SIA also considers major changes to the human environment in their own right, and how these11Department of Industry, Innovation and Science and Department of Foreign Affairs and Trade (2016). Community Health and Safety Handbook: LeadingPractice Sustainable Development Program for the Mining Industry, p. 35: l impact assessment guideline For State significant mining, petroleum production and extractive industry development7

might be experienced or valued by different people. In some cases, these impacts may also require their ownspecialist study (for example, cultural heritage assessment, visual assessment). While derived through discreteprocesses, the results of each study should combine to form a comprehensive, integrated and holistic EIS submittedas part of a development application. Figure 1 shows the relationship between the SIA and other specialist studies,and how these relate to the EIS.To support effective integration between social, economic and environmental considerations, all specialist studiesshould be undertaken in a coordinated way. Care should be taken to avoid double counting or considering impactsin isolation. Information and analysis from other relevant specialist studies for the EIS should be used in the SIA andvice versa.Figure 2 shows the phases of EIA for State significant projects in NSW, from scoping through to post-approval, as wellas the key SIA activities and outputs expected at each EIA phase. The scope of these activities and outputs should beproportionate to the importance of the expected impacts.Social impact assessment guideline For State significant mining, petroleum production and extractive industry development8

Figure 2: Phases of environmental impact assessment and key social impact assessment activities and outputsSOCIAL IMPACT ASSESMENT(SIA) ACTIVITIES AND OUTPUTSENVIRONMENTAL IMPACT ASSESSMENT(EIA) PHASESCOPINGApplicant identifies matters and impactsto be assessed during preparation of theenvironmental impact statement (EIS)Applicant prepares Scoping ReportIdentify and understand the project’s area of socialinfluence (Section 3.1)Apply scoping methodology to identify potentialmaterial social impacts and level of assessmentrequired for EIS (Section 3.2 and Appendix A)Prepare social baseline documenting conditionsand trends without the project, with respect to thematters identified as material during scoping(Section 4 and Appendix B1)Applicant prepares EIS and Communityand Stakeholder Engagement Plan (CSEP)Predict changes to the base and trend-line conditionsand analyse their impact (Section 4 and Appendix B2)Evaluate the significance of the social impacts(Section 4 and Appendix B3)Develop responses to social impacts and evaluateresidual impacts (Section 4 and Appendix B4)Develop a monitoring and management framework(Section 4 and Appendix B5)PUBLIC EXHIBITIONDepartment places EIS on public exhibitionRESPONDING TO SUBMISSIONSApplicant prepares a Submissions Report that explains how submissions have been addressedASSESSMENTDepartment assesses the project and provides its findings to the consent authority (Section 5.1)DETERMINATIONConsent authority decides whether to approve or refuse the project,including conditions of consent if approved (Section 5.2)Engagement with potentially affected people and other interested parties (Section 2)EIS PREPARATIONPOST-APPROVALDepartment regulates State significantprojects to ensure compliance with theconditions of consentApplicant implements mitigation and enhancementmeasures and monitoring and management framework(Section 5.3)Modifying an approved projectApplicant prepares environmentalassessment to support modificationapplicationSIA may be required as part of the environmentalassessment where the expected social impacts areexpected to be new or different in nature and/or scaleSocial impact assessment guideline For State significant mining, petroleum production and extractive industry development9

1.3 Principles to guide social impact assessment and potential benefitsThe principles identified and explained in Table 2 underpin this guideline’s approach to SIA12. The principles shouldbe used to check if SIA activities and outputs are consistent with leading practice.Table 2: Principles to guide social impact vers outcomes that are practical, achievable and effective.AdaptiveEstablishes systems to actively respond to new or different circumstancesand information and support continuous improvement.DistributiveequityConsiders how social impacts are distributed within the current generation(particularly across vulnerable and under-represented groups) and between currentand future generations.ImpartialIs undertaken in a fair, unbiased manner and follows relevant ethical standards.InclusiveSeeks to hear, understand and respect the perspectives of the full diversity ofpotentially affected groups of people. It is also informed by respectful, meaningfuland effective engagement that is tailored to suit the needs of those being engaged(for example, culturally sensitive, accessible).IntegratedUses and references relevant information and analysis from other assessments to avoidduplication and double counting of impacts in the EIS. It also supports effectiveintegration of social, economic and environmental considerations in decision-making.Life cycle focusSeeks to understand potential impacts (including cumulative impacts) at all project stages,from pre-construction to post closure.MaterialIdentifies which potential social impacts matter the most, and/or pose the greatest risk tothose expected to be affected.PrecautionaryIf there is a threat of serious or irreversible damage to the environment13, lack of fullscientific certainty should not be used as a reason for postponing measures to preventenvironmental (including social) degradation.ProportionateScope and scale should correspond to the potential social impacts.RigorousUses appropriate, accepted social science methods and robust evidence fromauthoritative sources.TransparentInformation, methods and assumptions are explained, justified and accessible;and people can see how their input has been considered.Adapted from Vanclay (2003) and Vanclay, F., et al. (2015). Social impact assessment: Guidance for assessing and managing the social impacts of projects.International Association for Impact Assessment.12Section 4(1) of the EP&A Act defines ‘environment’ to include ‘all aspects of the surroundings of humans, whether affecting any human as an individual or in hisor her social groupings.’13Social impact assessment guideline For State significant mining, petroleum production and extractive industry development10

Communityengagement forsocial impactassessmentSocial impact assessment guideline For State significant mining, petroleum production and extractive industry development211

Respectful, inclusive and meaningful engagement with potentially affected people and other interested parties isa fundamental part of SIA. This engagement provides primary data that informs both the scope of the SIA and thepreparation of SIA content for the EIS. The level of engagement should be proportionate to the importance of thesocial impacts that are being investigated.An assessment based on desktop research and secondary data alone will rarely give a complete understanding ofthe social context and potential social impacts of a project proposal. Engaging potentially affected people and otherinterested parties is the best way to understand how they might experience and perceive social impacts. They have‘local knowledge’ of the social context and have community values that might be affected by the project. Their inputcan also help the applicant design the project so that it maximises benefits, avoids or mitigates harm, and effectivelymanages unavoidable residual social impacts.Providing increased opportunity for public involvement and participation in environmental planning andassessment is an object of the EP&A Act (section 5(c)). This includes enabling participation by vulnerable andmarginalised groups. The Department’s broader expectations of applicants in relation to engagement with thecommunity are described in the draft Community and stakeholder engagement guideline (Guideline 6 in the draftEIA Improvement Guidance Series). The purpose of this section, which should be read in conjunction with that draftguideline, is to outline the Department’s specific expectations for engaging as a part of SIA.2.1 Engagement objectives for social impact assessmentKey engagement objectives for SIA include: ensuring potentially affected people, groups, organisations and the community are identified and have asufficient understanding of:othe proposed projectohow it may affect themothe EIA process for State significant projects in NSW, and how SIA contributes to that processohow they can participate and be informed and consulted collecting qualitative and quantitative data, evidence and insights for scoping the SIA and preparing theSIA component of the EIS, in ways that maximise diversity and representativeness understanding the interests that potentially affected and inter

1.2 Social impact assessment as part of environmental impact assessment 7 1.3 Principles to guide social impact assessment and potential benefits 10 2 Community engagement for social impact assessment 11 2.1 Engagement objectives for social impact assessment 12 2.2 Who to engage 13 2.3 How to engage 13

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