Independent review of regulatory process

Independent Review of Regulatory Emergency Response and Decision-Making Effectiveness

Grosvenor partnered with a state earth-resources regulator to conduct an independent review of its emergency regulatory response following severe flooding. The review assessed the lawfulness and effectiveness of decision-making, statutory instruments and licence conditions. Additionally, Grosvenor provided recommendations to strengthen emergency management capability, compliance and future climate-risk preparedness.

Situation 

The Client regulates earth-resources. Severe flooding caused significant cracking in the a structure. The Client played a leading role during this period. Specifically, they oversaw regulatory compliance and ensured that the necessary actions were taken to protect both the community and the State’s energy security.

Task 

In 2025, the Client engaged Grosvenor to conduct an independent review to assess the effectiveness and lawfulness of its regulatory process around the time of the incident, examining:

• the statutory instruments in force at the time of the emergency
• the adequacy of licence conditions and work-plan variations approved by the Client for anticipating and mitigating significant climate or environmental risks
• the Client’s assessment and use of its legislated powers and approvals during both the emergency response and recovery phases.

Approach 

To undertake the review, Grosvenor applied a robust six-step methodology:

• Establish project: confirmed scope, governance and stakeholder engagement with the Client’s project team.
• Develop and finalised independent review plan: framed five key review questions, underpinned by 19 lines of enquiry across mitigation, response and recovery – the pillars of emergency management.
• Conduct desktop due diligence: analysed 200+ documents including legislation, licences and work-plan variations.
• Conduct interviews: held ten targeted consultations with government stakeholders who were involved in the management of the emergency.
• Prepare findings: shared and tested the preliminary findings pack with the Client.
• Draft and finalise independent review report: delivered an in-depth set of findings of findings responding to the 19 lines of enquiry accompanied by a series of improvement recommendations, targeting resources, capabilities and processes.

Results 

The review gave the Client an independent perspective on its incident response, reinforcing earlier advice to enhance its emergency management function so that they are better equipped to handle similar scenarios to this particular emergency in the future.

 

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