November 2004 (PDF 11.6 MB) - Barrick Gold Corporation

Features of a negotiated agreementprocessHow the process might be initiatedThe process might be initiated when:• the regulatory/consent authority is satisfiedthat no further reduction in noise levels canbe made through a viable mitigation strategythat would seek to achieve the project-specificnoise levels; and• the proponent demonstrates that—even whenusing the best of their economically viablestrategies—the project-specific noise levelscannot be achieved.Who participatesThe principal parties would be the proponent andthe affected community, with regulatory authoritiesand the council participating in an advisory capacity.There is a need to define the ‘affected community’:this could comprise occupiers of residences and ofother noise-sensitive land uses identified as beingpotentially affected.The proponent would need to employ an effectivemeans (for example, advertising) of reaching allpeople who are potentially affected. Advice mayinclude how individuals could register as ‘interestedand affected parties’ and become participantsin the negotiation process.What is negotiatedThe principal trade-off would probably be additionalnoise impact in return for a package ofbenefits. Additional noise could be defined in termsof extended times of operation, higher noise levels,and a defined time period for annoying noisecharacteristics to operate and for more noise tooccur in the less sensitive parts of the day. Benefitscould include less noise at sensitive times, treatmentof residences, contributions to improve communityfacilities and infrastructure or acquisition of residences.The NSW Industrial Noise Policy could act asa framework for negotiations regarding a set ofacceptable noise conditions.The impact-assessment process may identify areasof noise-source management where concessions arepracticable. The proponent may not be able toreduce noise further. In these circumstances, otherbenefits might be negotiated unrelated to bettermanagement of the noise source but related tomaterial benefits for the community.It is important for the negotiating community tounderstand the implications of its negotiationsregarding the additional noise impacts. Either theproponent or an independent specialist shouldpresent an analysis of the impacts from the optionsbeing canvassed, in such a way that the lay communitycan appreciate the likely implications of theirnegotiations.The community would need to be well informed, tosafeguard against a position being reached wherethe agreed noise level represents an unreasonableimpact that, ultimately, is likely to be regretted bythat community.How agreement might be negotiatedRepresentatives of the community could have equalstatus in the negotiating process with the proponent,and with any other parties (such as the EPA,councils and DUAP) acting in an advisory capacity.Meetings could be chaired by an independentfacilitator and, depending on the circumstances, thecosts of the process may be borne solely by theproponent or may be shared equitably between theproponent and the community.How agreement could be reached‘Agreement’ would need to be defined for thecommunity so that a single community view couldbe regarded as representative. This could mean anumber of things—including a simple majority voteby the ‘affected community’, or a majority vote at ameeting held to reach an agreement; ‘majority’could be defined to extend to a higher than 51 percent level (for example, 60 per cent or 80 per cent).The many options would need to be evaluated. Thecommunity should determine for itself its preferredmethod for indicating its views when negotiating itsposition.Treatment of ‘affected’ community members whodo not support the agreementProponents could propose a package of assistanceto be considered by these community members.NSW industrial noise policy45