The Social Licence to Operate: mind the gap
Nigel Bankes
[email protected]
May 2015
The OK Tedi Minesite, PNG
The Burnaby Mountain Protests, November 2014
Outline
• Elements of a definition
• Rowland Harrison, “SLO: the good, the bad &
the ominous”, paper delivered U of A, March
2015
• My two cents
Elements of a definition
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Social (adj)
Licence (n)
To operate (v)
A normative concept (extra legal)
RH’s paper
• Preliminary observations
– Jim Cooney, 1990s
– Industry enthusiasm?
– Context must include regulatory “public interest
determinations”
• The good
• The bad
• The ominous
– also Dwight Newman & Brian Crowley
• What does the future hold?
My four cents
• Normative context for thinking about SLO
• Why might industry embrace SLO?
• Narrowing the gap between legal & social
licences
• The implications of SLO as prescriptive
norm\veto
1. Normative context
• SLO is a norm
• We live in a normatively complex world
– Legal and non-legal norms
– Rule and principles (weight)
– Hard and soft norms
– SLO part of that complexity
• What is distinctive about SLO?
– Reframe as a principle?
2. Why might industry support?
• A “descriptive” (not normative) view of SLO
– “I have an SLO”
– Evidenced e.g. by an IBA
• Implications?
– Fast-track the legal licence process
– Enhanced reputation & CSR
– Improve or maintain market access
• Easier for a site specific mine than a linear
project
3. Narrow the gap between SL & LL
• “Mind” the gap, Mr. Oliver, don’t grow it
• Strengthen the regulatory scheme
– Address key challenges with project based approval
schemes
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Consider broader adoption of SEAs
Adopt landscape level planning approaches (e.g. ALSA)
Address cumulative level impacts (& thresholds)
Address GHG emission issues
Facilitate standing while still controlling the process
The importance of reasons, Forest Ethics
– Overall, enhance legitimacy of the LL process
4. Implications of SLO as veto
• The price of not narrowing the gap?
• Why do we have the system that we do?
– We want the benefits of living in a society
• Contract and consent don’t always deliver
• Need a decision-making process to assess societal
interest
• Compensate those most directly affected & observe
other ground rules (eg environment & aboriginal
rights)
• SLO as prescriptive norm\veto potentially undermines
the benefits of living in a society
Thank you!
• And for posts of interest to the energy bar
see http://ablawg.ca/
• The blog of the Faculty of Law, University of
Calgary