3.  Stakeholder and community engagement

(a)  If required by the State, promptly after the date of this deed the Parties must agree a strategic communications and stakeholder engagement plan in respect of the further development of the Augmentation, which must:

(i)  set out the principles, objectives, protocols and roles of the Parties in relation to communications and stakeholder and community engagement;

(ii)  include a requirement for the Proponent to prepare a two week forward looking stakeholder and community engagement schedule (Engagement Schedule) for the State's review and approval, and a requirement for the Proponent to submit an updated Engagement Schedule to the State on a weekly basis for the State's review and approval; and 

(iii)  include requirements for meeting record keeping and regular weekly written reports of meeting outcomes,

(Communications and Stakeholder Engagement Plan).

(b)  The Proponent may engage with local councils, the community or any other stakeholder in relation to the Augmentation Proposal and the Augmentation:

(i)  to the extent that the engagement, the content of the discussion or forum and the meeting procedure:

A.  is in accordance with the latest Engagement Schedule which has been approved by the State in accordance with the Communications and Stakeholder Engagement Plan; and 

B.  otherwise complies with the Communications and Stakeholder Engagement Plan; or

(ii)  to respond to a direct enquiry from a local council, the community or other stakeholder following, and in respect of, an engagement described in clause 3(b)(i), provided that the content of the communication is consistent with the requirements of the Communications and Stakeholder Engagement Plan

and in any such engagement may discuss information which is in the public domain (except through disclosure by the Proponent or any of its Associates in breach of this deed or any other obligations of confidence). 

(c)  If the State does not require the Parties to agree a Communications and Stakeholder Engagement Plan or the Parties cannot agree a Communications and Stakeholder Engagement Plan, the Proponent must not communicate with local councils, the community or any other stakeholder in respect of the Augmentation Proposal or the Augmentation without the prior consent of the State

(d)  The State may, in its discretion, direct the Proponent to cancel any meeting, or to not discuss certain content at any meeting, with any local council, stakeholder or the community.  

(e)  The State may, in its discretion, direct the Proponent to not have any contact with a tenderer or potential tenderer for another State project which has an interface with the Augmentation, in respect of the Augmentation Proposal or the Augmentation.  

(f)  The Proponent must comply with any direction given by the State (including under clauses 3(d) and 3(e) in respect of the Proponent's engagement with any local council, the community or any other stakeholder in respect of the further development of the Augmentation Proposal or the Augmentation

(g)  The State may attend any meeting or forum between the Proponent and any local council, the community or any other stakeholder in respect of the Augmentation Proposal or the Augmentation.

(h)  For the avoidance of doubt, the requirements of this clause 3 do not apply to communications between the Proponent and an Associate of the Proponent or where clause 8.5 or clause 16 applies.