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 • • • • 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 • • • • • • 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
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