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John Cotter delivered the presentation at the 2014 Land Access Forum. The 5th annual Land Access Forum brought together Government departments, coal, CSG, UCG mining and exploration companies, mining and petroleum industry associations, landholders, law firms and consultants to discuss the new and emerging regulatory reforms, practicalities, challenges, and future directions of land access. For more information about the event, please visit: http://bit.ly/landaccess14
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NATIONAL LAND ACCESS - THE IMPACTS BETWEEN INDUSTRIES AND
THE LESSONS FOR A CONSISTENT APPROACH
LAND ACCESS CONFERENCE
CONTENTS
Context
Enterprise Planning
Project Strategy
Project Governance
Scoping
Project Key
Project Plans
The Key Contacts from Flinders Hyder for this report are:
John Cotter
Director
(07) 3221 1371
(+61) 438 338 171
Inherent Limitations
This presentation of project approach is given subject to the written terms of Flinders Hyder engagement. This presentation has been prepared as outlined in the Context section. The services provided in connection with this engagement
comprise an advisory engagement which is not subject to Australian Standards on Review or Assurance Engagements, and consequently no opinions or conclusions intended to convey assurance have been expressed.
The observations in this presentation are based on a qualitative study and the reported results reflect a perception of the client only to the extent of the workshop conducted and with the client’s approved representatives sample of
management and selected members. Any projection to the wider management and stakeholders is subject to the level of bias in the method of workshop outcomes.
No warranty of completeness, accuracy or reliability is given in relation to the statements and representations made by, and the information and documentation provided by management and selected workshop members consulted as part
of the process. Flinders Hyder have indicated within this presentation the sources of the information provided. We have not sought to independently verify those sources unless otherwise noted within the presentation. Flinders Hyder is
under no obligation in any circumstance to update this presentation, in either oral or written form, for events occurring after the presentation has been issued in final form. The findings in this presentation have been formed on the above
basis.
Third Party Reliance
This presentation has been prepared in accordance with the terms of Flinders Hyder engagement dated 27-8-14. Other than our responsibility to the conference, neither John Cotter nor any member or employee of Flinders Hyder
undertakes responsibility arising in any way from reliance placed by a third party on this presentation. Any reliance placed is that party’s sole responsibility. This slide pack is provided solely for the benefit of the parties identified in the
contract and are not to be copied, quoted or referred to in whole or in part without Flinders Hyder prior written consent. Flinders Hyder accepts no responsibility to anyone other than the parties identified in the engagement letter/contract
for the information contained in this presentation.
BACKGROUND
Flinders Hyder is a leading provider of project and professional
services through environment, project management and community
relations.
Recent projects include
Aurizon National Land Access Framework
Arrow Energy EPC Corridor Preparation and Framework
QGC (BG-Group) Bowen Basin Exploration
THE MARKET – NATIONAL FRAMEWORKS
Behaviours
Contractors
Design
Corporate Risk
Compensation
Industry benchmarks
METHODOLOGY – FLINDERS NAVIGATE
Using a risk based approach we defined the short and longer term
goals of the business at the levels of the organisation
Adopted from the Investment Logic Standards of Victoria Treasury
OBJECTIVES
Risk - Enterprise
Internal Risk Control / Contracting Strategies through Risk Based Approach
Risk Mitigation Tools / Messages
Commercialisation & Internal Design Approach
Converting land and community into an effective route selection / site selection process; industry differences
Contracting Documentation
General commitments and interface descriptions
Risk allocation
Contractor / Operator Approach
Assessment of Critical Management Plans
Land Access Management Plan (Template provided)
QA Tools – Integration of Tools to Contractor Tools (Critical to Success)
WHY BOARDS ARE NERVOUS ABOUT LAND
Adopted from Nous Group 2014
PRACTICAL APPROACH
PHASES ACTIVITIES
PHASE 1Process Analysis
Existing Situation Desktop study of Reports and Compliance Manual
Enterprise analysis
Staff Attitude Individual interviews to determine existing process, attitudes to early
engagement and readiness for change
Early Engagement Brainstorming workshop
Planning Conceptual planning for early engagement model
Identify skill sets
PHASE 2Review
Risk Workshop Risk matrix
Key drivers and personnel
Risk Management Tool
Quantitative and Qualitative Probability Based Risk Model
consistent with Corporate Risk profile
Price assumptions and behaviour tools through risk mitigation
Conversion of unplanned risk into planned and managed risk
Engagement Model Finalise model
PHASE 3Culture and Change
Communication Plan
Key messages
Communication tools
Rewards – KPIs
Communication callateral
Training Identify training required
Evaluation Determine success
Benefits realisation reporting
RISK BASED ASSESSMENT (EXAMPLE)
Key Risk Description Consequence Likelihood Risk Mitigation Strategies
Delays in
land access
1 Landholders consult lawyers who
actively frustrate process
Insignificant Almost
Certain
• Prepare information packages for
landholders that explain the process
• Ensure adequate legal resources and
templates of responses to teams
2 The landholders negative
perceptions of compensation (time)
affects the timeliness of land access
negotiations during construction
Medium Almost
Certain
• Implement a land access compensation
framework and company wide policy
• Ensure community benefits and messages
are consistent from enterprise to each
project
• Improve compensation position across
company to ensure consistency
3 Landholders group to collectively
bargain or stall project
Major Almost
Certain
• Approach group through Community
Engagement Team as soon as possible to
try and reach agreement
• Negotiate quick wins on group concerns
and react quickly to address grievances.
4 Failure to forward plan resulting in
cross messages and separate land
access meetings
Medium Almost
Certain
• Development of Land Access Strategy,
Land Access Compensation Framework
and Land Acquisition Management Plans
(LAMP)
• Develop Enterprise Approach to resourcing
and management
• Change Project Management Guidelines to
include LAMP
5 Commitments in field made my
uncoordinated parties.
Major Almost
Certain
• Complete an LAMP and resourcing
strategy as dictated by overarching land
access strategy
• Utilisation of land management tool (CMS)
to capture and prioritise key landholders
Key Risk Description Consequence Likelihood Risk Mitigation Strategies
Delays in
land access
6 Inaccurate instructions
or incomplete data leads
to poor decision making,
interactions with wrong
landholders or
ineffective planning
Minor Likely • Produce and implement manual of Land Access
Framework
• Utilisation of a prioritisation tool for landholder meetings
including a mandatory risk assessment of stakeholders
Reputation 7 Failure to comply with
HSSE policies results in
a major injury or fatality
of an employee or
landholder
Major Rare • Diligent reporting of all threats and issues management
through a single landholder hotline
• Ensure all employees are aware of the policies and
have training
• Align KPIs to framework
• Develop a process of educating landholders about
safety requirements
8 Landholders will use
media and publish
compensation
frameworks (competing
against commercial
payments rather than
compensation).
Minor Almost Certain • Publish a land access framework and engage a public
engagement strategy on fairness of framework
• Outline key messages on compensation approach
Quality of
Project
Delivery
9 Failure to close
Environmental
conditions / compulsory
acquisition and or
judicial review
Major Likely • Implement tracking systems and records of
conversations
• External review of application process
• Develop stronger ties with landholders and lawyers to
avoid adverse legal actions
Alm
ost
Cert
ain
H H E E E
Lik
ely
M H H E E
Possib
le
L M H E E
Unlik
ely
L L M H E
Rare
L L M H H
Insignificant Minor Medium Major Severe
1 2 34 5
7
8
6 9
CORRIDOR DESIGN
WORKFLOW PLANNING
Plan Land
Access
Request Land
Access
First Call to
Introduce ProjectEvaluate Site Negotiate Access
Finalise
Agreement
Undertake Field
Survey Works
Finalise &
Monitor Access
Request Land AccessFirst Call to Introduce
ProjectEvaluate Site Negotiate Access Finalise Agreement
Conduct Title Search
Establish CMS Entry
Complete GIS Check and
Issue Property Map
Draft Initial Landholder
Packs
Landholder Information
Packs
Make Initial contact with
the landholder
Provide landholder with
information kit via mail
Establish a time to meet
Conduct assessment of
compensation liabilities
Draft final agreement
Third Party Legal
Assessments
Fill out property evaluation
form
Conduct site inspection
and issues register
Confirm project field
requirements
Bank Authorities and
occupier details
Undertake final signing
Authorised signing bodies
Arrange landholder set-up
payment forms
Provide final landholder
executed copy
Issue to project team for
field access
Plan Land
Access
Request Land
Access
First Call to
Introduce
Project
Evaluate SiteNegotiate
Access
Finalise
Agreement
Land Access Process
Interval 1 Interval 2 Interval 3 Interval 4
Request
Form is
satisfactory
Initial
Landholder
Contact
Landholder
Risk & First
Meeting
Access
Planning
complete
Agreement of
Compensation, legal
& field Access
STAKEHOLDER MAPPING
RequestorsThose in the business that request land
access
Service ProvidersThose in the business that provide a
service to support Land Access end to
end
End UsersThose in the business that will perform
activities once access has been granted
Network
Land Access Stakeholders
Capital Projects
Operations
ERE / Cultural Heritage
GIS
HSSE
Legal / FinanceCommunity & Stakeholder
Relations
Community & Stakeholder
Relations
EIS Consultants
Contractors
Third Party Cultural Heritage
Survey & Geotechnical
Consultants
ENGINEERING PLANNING
Field Access
Agreement
Land Access Request
Project Commencement
Induction of Team to Golden Rules
Appoint your Land Access Officer
Conduct your Landholder Risk
Assessment
Complete the Land Access Request Form
Conduct your Land Access Review
Send Package to Landholder
Confirm Project Requirements of
Work Order
Negotiate with Landholder
Complete Agreement with Landholder and
Third Parties
Conduct Site Briefing, Golden Rules and
Conditions of EntryConduct Site Activities
Complete Field Studies
Project Director Land Access Checklist
REVIEW OF THE MARKET
Land Access Risk Review
Competing with
Resource Companies
ALA - Base Land Compensation
Grazing Land:
50% of $ / Ha x Size of Impact
Cultivation land:
75% of $ / Ha * Size of Impact
Nil Loss in Value
Nil Loss in Business
Land Area Impacted
Land Value Considerations
Business Impact Considerations
De
live
r cla
rity
on
th
e f
un
ctio
na
l re
sp
on
sib
ilitie
s a
nd
en
su
re
co
nsis
ten
cy o
f a
pp
roa
ch
wh
en
de
alin
g w
ith
sta
ke
ho
lde
rs t
hro
ug
h a
co
nsis
ten
t m
essa
ge
an
d e
qu
ita
ble
in
du
str
y b
ase
d a
pp
roa
ch
to
la
nd
acce
ss.
Land Access Compensation
Grazing Land:
50% of $ / Ha x Size of Impact
Cultivation land:
75% of $ / Ha * Size of Impact
Project Impact on Potential
Purchase
Disruption to Lifestyle
All Other Impacts and Costs
Heads of Compensation
because of the
potential impact
of future rail corridor
Disruption to Lifestyle
(Quiet Enjoyment of Property)
Loss in Value due to construction
disturbance and previous projects
(brownfield legacy)
Professional Services
Land holder business loss and
employee loss (in time) due to
facilitation of land access
UNDERSTAND YOUR COMMERCIALS
1
7
ActivitySquare Metres of
Impact (SIZE)Relevant Head of Compensation No of Impacts
Size of Impact
(Units of Measure)Time (Months) Total Comments
Qty of HA $/HA Type
35 Geotech Pads (42 Core Holes) of 10m wide by 10m (100sqm/10,000) 100 Loss in surface of land 35 0.35 $ 1,000.00 $ 350.00 Grazing 12 Months $ 175.00
5 kilometers of access tracks 4 metres wide with 10m of disturbance for dust (15,000 x
10m / 10,000)50,000 Loss in surface of land 1 5 $ 1,000.00 $ 5,000.00 Grazing 12 Months $ 2,500.00
35 Geotech Pads (42 Core Holes) 100 Loss in value of property 42 0.42 $ 1,000.00 $ 420.00 Grazing 12 Months $ 210.00
1 km of Access Tracks impact on operations (1,000 x 10m / 10,000) 10,000 Disturbance 1 1 $ 1,000.00 $ 1,000.00 Cropping 14 Months $ 750.00
$ - $ -
Business Impacts
Low Impact (Access without Consent) 0 $250 12 Months $ -
Low Impact (Access that results in complant) 0 $500 12 Months $ -
High Impact (Access that results in business loss
in time i.e. mustering of cattle)0 $1,200 12 Months $ -
High Impact (Access that results in loss in
business revenue or loss in stock / crop / weeds)0 $1,500 12 Months $ -
Landholder Business Mangement Disturbance 5 3 $ 100.00 12 Months $ 1,500.00
5,135.00$
Compensation Rate
Physical Disturbance
Landholder Business Mangement (Risk Impact)
MOVING LAND TO A UNDERSTOOD CONTRACT
Arrow Energy - Corridor Risk Assessment (Land / Community / Environment / Cultural Heritage)
27-08-14
9:36
Qualitative Risk Assessment
Pro
ject C
yce
Ris
k ID
I
D
Risk Name Description Internal
Workshop
Notes
Risk Descriptors
(Arrow System)
Prima
ry
Risk
Owne
r
Second
ary
Risk
Influen
cer
Conse
quence
Likeliho
od
Normal Risk
Rating
Arrow
Risk
Score
Comment
s
(Tender
Criteria)
Desired
Outcomes
Quant
itative
Asses
sment
?
Risk
Mitigation
N
PV
Ca
pe
x
Dela
y
Reputati
on
Quantitati
ve Risk
Assessme
nt
Resultant Risk Level after
MitigationTender Assessment
Planned
Risk or
Unplanne
d Risk?
Systematic
Risk
Mitigation
Tools
In Place at
ITT
Cost
Estimate
Consequ
ence
Likelihoo
d
Rating
Basis of Cost
Calculation
Delay
Costs
Other
Costs
Units Occurren
ce
Base
Estimate
Optimistic Most Likely Pessimistic
Timing Duration Construc
tion/
Operatio
nal Costs
Loss of
Revenue
Based on
Pessimistic
Against
Total
Project
Value
Against
Total
Project
Value
Against
Total
Project
Value
Assum
ed
Rate
Phase Weeks $A'000s/
week
$A'000s/
week
$A'000s $A'000s % % % % Expect
ed
Value
CONTRACTOR TENDER RESPONSE
Risk Allocation Mitigation Risk Pricing (Pool)
EPCM ARROW EPCM ARROW EPCM ARROW 5 KPIs PER REGION RISK POOL Reported TD
MIN MAX DRAW DOWN
% % % % $A $A KPI Score Lowest Highest Incentives
GENERAL CONTRACT TERMS (EXAMPLES)
Land acquisition
The Principal’s preferred approach is to negotiate with landholders and their representatives in order to reach an agreed outcome to acquire the land or an interest in the land, or obtain access to the land required for the Project.
For land affected by the Pipeline, the Principal is the agency acquiring the land or easements over the land. The Principal will negotiate and secure options to procure the nominated 30m construction easement over the majority of the alignment and other portions of land required to accommodate the design.
The Principal is negotiating with the owners of the Mines for a construction easement that is exempt from the onerous requirements of that mine’s SSE. For the purpose of submitting a Tender, Tenderers should assume that access to this section of the Pipeline easement is the same as for any other landowner.
The Principal has contacted all affected landholders and is in ongoing discussions to secure the necessary easements or interests.
The Contractor will require parcels of land in addition to those negotiated by the Principal for the purposes of construction camp establishment, laydown areas, miscellaneous storage areas, turnaround areas and the like. The Contractor must notify in this tender the size, duration and layouts of the camps and laydown yards required.
CONTRACTOR APPROACH
Critical Project Plans
The Project Plans generally listed in tender deemed to be "Critical
Project Plans" and must be approved by Arrow should included (in
accordance with the Review Procedure before the Contractor
accesses the Site) a Land Access Management Plan.
This allows a clear understanding of the QA systems and an auditable
method for tracking non-compliances
EXAMPLE PRE-START LIST
CONSTRUCTION PRE-START
VERIFICATION CHECKLIST
Sheet: 1 of 4
Revision: 0
Date: 20/01/2011
Form No.: ARROW-CON- FRM-
000001VC No.: _______-________-_________
VC Preparation Date Works Within the RoW Works Outside the RoW
Activity Commencement Date From KP: To KP: Description:
Activity Completion Date RoW Boundary Left: Right: Boundary Size:
Project Component
Export Line, Gas Collection Header, Others: Pls specify
Engineer and Contact No.:
Supervisor and Contact No.:
Description of Activities
EXAMPLE SIGNOFF CONDITIONS
ITP
REF.INSPECTION / APPROVAL ACTIVITY
RECORD ‘s
VERIFYING
Conforming
/ Required
Not
Applic
able
PRINT NAME
(Responsible Person)SIGN DATE COMMENTS
1.0 Company & Third Party Approvals
1.01
Ground Disturbance Activity Approval Provided by
Arrow (Application 60 Business Days in Advance of
Works)
Original
DocumentsProject Engineer
1.02Permit to Enter Provided by Arrow (Application 60
Business Days in Advance of Works)
Original
Documents Project Engineer
1.03 Advance Notification provided to ArrowCorrespondenc
e Construction Manager
2.0 Social Performance
2.01Social Performance has been notified of planned
activities.
Correspondenc
e Social Performance
2.02
Access roads in and out of area been checked for
impacts on community (in cases where use is not
been canvassed in EIS, agreement with Arrow Social
Performance team needs to be applied. Social Performance
2.03Discussion Held with Communications and Land
Liaison Team Representative
Meeting
Records Social Performance
2.04 Dilapidation Survey carried out Report Social Performance
2.05 Landowner Line Lists sourced from Arrow LLL Social Performance
3.0 Environment
3.01 Pre-construction Environmental Checklist Attached CopyEnvironment Rep.
3.02Site walk through & Environmental Checklist hand
over meeting with Project Engineer
Pre-start
record or
signed VC Environment Rep.
4.0 Construction
4.01DBYD, received and current. Service Location /
Potholing has been undertakenRecord
Project Engineer
4.02Approved Construction Method Statement (CMS) for
each activity (latest revision)Copy
Project Engineer
4.03 Approved ITP for each Activity CopyProject Engineer
4.04 Draft Safe Work Method Statement (SWMS/JSEA) CopyProject Engineer
4.05Traffic Management Plan / Traffic Control Plan /
Permit in place Copy
Project Engineer
4.06 Current Drawings (Issued for Construction) Copy Project Engineer
4.07 Pre-construction survey Dwg Project Engineer
4.08 Police, Fire and Ambulance services been informed Notice Social Performance
4.09Third Party Approval obtained, Conditioned
complied with and been Notified.Copy
Project Engineer
4.10 Supervisors’ Package Completed and Verified Work Package Engineer / Supervisor
4.11 Limits of clearing/stripping set out Dwg Engineer / Supervisor
5.0 Safety
5.01 HSSE Management Plan Copy HSSE Rep.
5.02 Delivery of Safety Equipment & Signage On site Engineer/Supervisor
Attendance
GRAPHICAL BASED CONSTRUCTION SIGNOFFS