Elders, councils, and elected bodies represent the rights and interests of Aboriginal and Torres Strait Islander peoples in the ACT. The ACT sources its electricity from renewable generators, such as solar and wind. Since 2020, all electricity in the ACT has come from renewable sources.
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Australian Capital Territory (ACT) Policy Overview: First Peoples and Clean Energy (May 2024)
This report has been prepared to provide background and context for the Federal Governmentʼs consultation on the First Nations Clean Energy Strategy.
Three areas are covered in this report:
- demographic overview,
- Aboriginal land estate, organisations and governance,
- energy policy
This report has been prepared to provide background and context for the Federal Governmentʼs consultations as the First Nations Clean Energy Strategy is being developed. Thanks to researchers Heidi Norman, Kathryn Ridge, Kate Evans and Jeremy Moss at the University of New South Wales (Indigenous Land and Justice Research Group and, Climate Justice Research program) for assisting to compile this overview.
Information in this document should not be relied upon as legal advice. Each situation will be different and you should obtain and rely on legal advice for your own situation.
Executive Summary
Energy landscape in the ACT
The ACT sources its electricity from renewable generators, such as solar and wind. Since 2020, 100% of electricity in the ACT has come from renewable sources.
Total renewable electricity generation significantly increased between 2015–16 and 2017–18, rising from 20% to nearly 50% of electricity generated.
Gas is the other major source of energy in the ACT. The ACT aims to complete a transition away from gas by 2045, moving to focus on battery storage, and increasing incentives to transition to Electric Vehicles, and other electrification measures which is a focus of the ACT Climate Change Strategy 2019–2025.
First Peoples population and demographics in the ACT
In the 2021 Census of Population and Housing (2021 Census), 9,000 people in the ACT identified as Aboriginal and/or Torres Strait Islander, representing 2% of the ACT population. Most people identified as Aboriginal (94.1%), with 2.6% identifying as Torres Strait Islander and 3.4% identifying as both Aboriginal and Torres Strait Islander.
In 2021, the median age for Aboriginal and Torres Strait Islander people in the ACT was 24 years old, with half of the population (50.4%) under 25 years of age. Aboriginal and Torres Strait Islander people aged over 75 years represented a much smaller part of the community, at 1.3%.
The 2021 Census found that 30.5% of Aboriginal and Torres Strait Islander people lived in the Tuggeranong district, followed by Belconnen and Narrabundah-Weston. Most Aboriginal and/or Torres Strait Islander households were family groups (76.0%), followed by people who lived along (16.6%) and group households (7.4%).
According to the 2021 Census, 90.7% of the Aboriginal and Torres Strait Islander population in the ACT lived in housing defined as suitable for the number of residents, that is, housing that was not overcrowded. Households were owned with a mortgage (32.8%), rented through a real estate agent (23.7%), rented through a state or territory housing authority (17.9%) or owned outright (11.1%).
Aboriginal land estate, organisations and governance
Elders, councils, and elected bodies represent the rights and interests of Aboriginal and Torres Strait Islander peoples in the ACT.
Representative bodies
The Ngunnuwal people are the Traditional Owners of the lands that the ACT overlays. The United Ngunnawal Elders Council advises the ACT Government on heritage and land matters for the Ngunnawal people. The Council is made up of representatives of Ngunnawal family groups.
The Ngambri people as Traditional Owners, also represent land interests on their country south-west of Weereewaa (Lake George).
The Elected Body
The ACT was the first jurisdiction in Australia to enable a democratically elected Aboriginal and Torres Strait Islander voice to government. The ACT Aboriginal and Torres Strait Islander Elected Body (ATSIEB) represents the needs and priorities of Aboriginal and Torres Strait Islander people and communities who reside in Canberra by influencing local government policy and services. As the only ACT group member of the Coalition of Peaks, a national representative body of more than 80 Aboriginal and Torres Strait Islander community-controlled organisations and members, ATSIEB also has a responsibility to help shape the national agenda to ʻClose the Gapʼ.
ATSEIB is comprised of seven members who serve for a three-year period. Each member is democratically voted in by Canberraʼs Aboriginal and Torres Strait Islander community. Voting and running for representation with the elected body is open to resident Aboriginal and/ or Torres Strait Islander people. Elected representatives have portfolio responsibilities that mirror the ACT Government portfolio responsibilities, which is said to direct involvement in key agreements, policies and programs for community.
The ACT Aboriginal and Torres Strait Islander Agreement 2019–2028 (Agreement) guides the work of ATSEIB. The Agreement acknowledges ʻthe land known as the Australian Capital Territory had been occupied, used and enjoyed since time immemorial by Aboriginal peoples in accordance with their traditionsʼ (p. 1) and the Ngunnawal people as traditional custodians of the Canberra region and that the region remains a significant meeting place. The ʻcore areasʼ of focus in the Agreement are children and young people, cultural integrity, inclusive community, and community leadership, while ʻsignificant areasʼ include economic participation and housing. There is no mention in the Agreement of Native Title or other land rights and interests, climate change, or energy.
In March 2024 the Elected Body presented on community hearings conducted in 2023. The identified priorities arising from that process focus on justice issues, service delivery, improved education and health services and the desire for community control of assets including Boomanulla Oval and Ngunnawal Bush Healing Farm. The hearings did not identify energy transformation or land rights and interests.
Winnunga Nimmityjah Aboriginal Health & Community Services (WNAHCS) is a long-standing Aboriginal community controlled primary health care service operated by the Aboriginal and Torres Strait Islander community of the ACT.
The ACT justice system includes the option to hear sentencing matters by a Magistrate, alongside a panel of respected Aboriginal and Torres Strait Islander Elders. These two ʻCircle Sentencingʼ courts are Galambany for adults and for young people.
The ACT Wellbeing Framework 2022 announces the intention of the ACT Government and community to ʻwork partnership to li the quality of life of all Canberrans, particularly those with lower wellbeing than averageʼ. ATSIEB provided input which informed the Framework.
The Framework identifies the following as part of its aspiration in the area of identity and belonging:
“Aboriginal and Torres Strait Islander people have a strong voice, are decision makers on issues that impact them, and lead in the achievement of positive life outcomes.”
The Framework identifies “valuing Aboriginal and Torres Strait Islander cultures and recognising our Traditional Custodians” as an indicator for the area of identity and belonging, and states that the ACT Government intends to commence reporting on wellbeing for groups including Aboriginal and Torres Strait Islander people.
Land justice in the ACT
The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth) (the Act) provides for grants of land in the Jervis Bay Territory of the ACT.
The Act establishes the Wreck Bay Aboriginal Community Council (the Council), a body corporate which holds title to Aboriginal land. The Council exercises its powers as owner of land protect and conserve natural and cultural sites on Aboriginal land, and manage and maintain Aboriginal land for the benefit of members of the Community, provide community services, conduct business enterprises for its economic or social benefit, and act in relation to the social needs of the community in relation to housing, social welfare, education, training or health needs (s 6).
Initially, 403 hectares of land surrounding the Jervis Bay Village was returned to the Council, followed by about 6,300 hectares, including areas of sea, in 1995. The community leased the Jervis Bay National Park and Botanic Gardens back to the Director of National Parks and Wildlife for a 99-year term, which provides a revenue stream to the Council. The Park and Gardens, which were renamed 'Booderee National Park and Gardens', are now jointly managed by the Council and the Australian Department of Environment and Heritage, with Aboriginal traditional owners the Board of Management.
ACT land is leasehold, meaning ʻownershipʼ of land is conferred by a lease from the Crown. A more detailed tenure history may reveal opportunities for recognition of Aboriginal relationships with the land beyond symbolic recognition. Where land rights recognition develops in the ACT, this could lead to land restitution, access and land use arrangements, and basis for negotiating equity in developments, including renewable energy.(1.)
Native title in the ACT
There are no determinations of native title in the ACT. Native title applications lodged in ACT have all been struck out, discontinued or dismissed.
What are key and recent issues relating to economic development and First Nations in the ACT?
Procurement Policy
The ACT Government adopted an Aboriginal and Torres Strait Islander Procurement Policy (ATSIPP) in May 2019, which aligns with the objectives set out in the Agreement, and includes focus area of employment and economic participation for Aboriginal and Torres Strait Islander peoples in the Canberra Region. The ATSIPP includes a target for 2.0% of the ACT Governmentʼs addressable spend over the 2023-24 financial year to support the objectives of the Agreement. It identifies two target areas that the ACT Government views as offering the greatest opportunity for Aboriginal and Torres Strait Islander enterprises, being:
- small to medium enterprises (SMEs) have the capacity and capability to deliver individually; and
- enterprises as sub-contractors on large projects.
The ATSIPP instigates a cultural change within the ACT to reduce some of the barriers to government procurement encountered by Aboriginal and Torres Strait Islander enterprises. Each Territory Entity is required to identify and act upon opportunities for Aboriginal and Torres Strait Islander enterprises in its procurement activities, supported by the Aboriginal and Torres Strait Islander Enterprise List devised under the policy to assist finding Aboriginal and Torres Strait Islander sub-contractors in the Canberra Region
Are there other points that might be of relevance to First Nations outcomes in the ACT?
The ACT Government is also currently developing their next Innovate Reconciliation Action Plan (2023 – 2025), which includes actions relating to developing commercial relationships with First Nations businesses.(2)
Energy security, access and justice issues
The ACT experiences temperature extremes, being hot in summer and cold in winter. Particularly harsh energy poverty arises as a result. In 2021, only 63% of public housing tenants in Canberra rated the temperature comfort of their home as meeting their needs (compared with 73% nationally), and only 60% rated the energy efficiency of their homes as meeting their needs (compared with 77% nationally) - the lowest rates of satisfaction in the country.(3) Due to lower socio-economic conditions,(4) and lower baseline health, Aboriginal and Torres Strait Islander people are disproportionately impacted by unmet energy needs.
Australian Government data shows that in the five years between December 2017 and December 2022, electricity prices for households in the ACT have increased by 24.7%, compared to 2.3% nationally, and gas prices have increased by 24%.(5) Over the last 20 years, electricity prices have increased by 20%, and gas prices have doubled.(6)
Increasing energy prices have disproportionate impacts, as people on low incomes spend a greater proportion of their incomes on essentials, including energy bills. In Canberra in 2015-16, the bottom 40% of income earners spent 4.0-4.4% of their disposable incomes on energy costs, compared with only 2.2-2.4% for the top 40%.(7) Across Australia, the number of utilities hardship customers has been increasing.(8)
The ACT Council of Social Service (ACTCOSS) says that vulnerable Canberrans, including low-income households, Aboriginal and Torres Strait Islander people, and community organisations, face numerous structural and economic barriers when it comes to transitioning away from gas and creating more energy efficient homes, including because lower socio-economic sectors of the ACT community are not eligible for funding.(9) If the ACT fails to address these barriers, as well as rising inequity and disadvantage as the effects of climate change worsen, it will be stuck on an increasingly expensive gas network and face increasing risks to health and wellbeing.(10)
In its report titled “Supporting a fair, fast and inclusive energy transition in the ACT”,(11) ACTCOSS states:
Aboriginal and Torres Strait Islander people and communities have contributed little to climate change but are disproportionately impacted by climate effects. First Nations cultures point the way to humanity living within its ecological limits, and all Australians should look to this wisdom. Nevertheless, Aboriginal and Torres Strait Islander peopleʼs health, lands and cultures are well understood in the literature to be at particular risk from climate change. Due to Australiaʼs historic and ongoing colonialism, Aboriginal and Torres Strait Islander people have much poorer baseline health.(12)
This includes higher rates of medical conditions such as diabetes, heart disease, renal failure, cancer, etc. which make them especially vulnerable to heatwaves. Disruption to ecosystems from climate change also puts further pressure on Aboriginal and Torres Strait Islander cultures, which are closely entwined with these ecosystems. Australiaʼs colonial history also means Aboriginal and Torres Strait Islander people have fewer economic resources with which to adapt to a changing climate, including by upgrading heating and cooling systems in their homes. Climate change adaptation and transition measures which do not intentionally focus on assisting First Nations people are likely to contribute to the health gap.(13)
Energy policies
The ACT sources its electricity from renewable generators, such as solar and wind. Since 2020, 100% of electricity in the ACT has come from renewable sources. Total renewable electricity generation significantly increased between 2015–16 and 2017–18, rising from 20% to nearly 50% of electricity generated.
Gas is the other major source of energy in the ACT. The ACT aims to complete a transition away from gas by 2045, moving to focus on battery storage, electric vehicles, renewable energy innovation, and other electrification measures.
The ACTʼs future energy strategies are outlined in the ACT Climate Change Strategy 2019–2025.
ACT’s current energy mix
Electricity demand in the ACT is relatively stable, despite population growth, due to reductions in electricity consumption per capita.
Renewable energy sources now make up 100% of the ACTʼs electricity generation, as follows (see also Figure 1, below):
- Wind farms supply the majority of the ACTʼs renewable electricity, supplying over 70% of total renewable electricity in 2019–20 and 2020–21, significantly increased from 7% in 2016-17 and over 50% in 2018-19 due to procurement of new farms.(14)
- The ACT Governmentʼs mandatory contribution to the national renewable energy target accounts for around 20% of ACTʼs renewable electricity and has remained fairly consistent, increasing by around one per cent per year.(15)
- Solar accounts for around 6% of generation, comprising solar farms (3%) and rooop solar generation (3%). Rooftop solar PV generation continues to be installed in the ACT and has increased its share of renewable electricity generation in recent years.(16)
Figure 1: Sources of renewable electricity generation for the ACT, 2016–17 to 2020–21 (17)
Despite the ACTʼs use of 100% renewable electricity, it remains connected to the national electricity grid, meaning it still receives electricity generated from non-renewable sources which may be consumed at any time. However, the ACT has purchased enough renewable energy to meet its electricity needs. This renewable electricity is available to the national grid and is used in other parts of Australia, offsetting the non-renewable energy consumed in the ACT.
Renewable energy project pipeline
The only renewable electricity generated in the ACT comes from solar farm and rooop solar generation. Large-scale generators in the local area include:
- Mugga Lane Solar Park;
- Williamsdale Solar Farm;
- Royalla Solar Farm.
Some ACT homes and businesses have small rooop solar panels which generate energy.
The bulk of the power from wind farms and the national renewable energy target for the ACT are sourced from outside the ACT. The ACT currently purchases energy from five wind farms – one in South Australia, two in Victoria, and two in New South Wales.
Figure 2: Locations of the ACTʼs wind and solar farms supplying the National Electricity Market (18)
The ACTʼs renewable electricity that is supplied by large-scale generators was selected through a legislated ʻreverse auctionʼ process, where companies are invited to bid to supply renewable energy at the lowest price, resulting in the development of new renewable energy generation. As of June 2021, the ACT Government has run five reverse auctions, resulting in 840 MW worth of contracts, contributing to around three-quarters of the 100% renewable electricity target.
Key energy market institutions in the ACT
Evoenergy is the main electricity and natural gas distributor in the ACT.
| Institution type | Organisation and roles |
| Electricity networks |
Evoenergy owns and operates the ACTʼs electrical distribution system network, which consists of more than 2,300 km of overhead lines and 2,600 km of underground cables and supplied 2,986 GWh in 2018 (57% of the total energy supplied). Evoenergy Gas owns the ACTʼs natural gas distribution system network, which is operated by Jemena. It consists of approximately 4,000km of pipeline and delivered approximately 8.2 PJ (2,274 GWh) in 2018 (43% of the total energy supplied). Essential Energy also serves some customers in the ACT, with some remote distribution systems provided by other companies. |
| Energy regulators |
The Independent Competition and Regulatory Commissionʼs responsibilities include:
|
| Government agencies |
The Environment, Planning and Sustainable Development Directorateʼs functions include developing and implementing strategies to mitigate and adapt to climate change, including actions delivering 100% renewable electricity by 2020 and net zero emissions by 2045 at the latest. The ACT Governmentʼs Everyday Climate Choices website provides advice on improving energy efficiency in homes and businesses, and information on government programs and schemes. |
Clean Energy Targets in the ACT
The ACT aims to reduce greenhouse gas emissions in the ACT to achieve zero net emissions by 2045. This has been legislated via the Climate Change and Greenhouse Gas Reduction Act 2010. Interim targets are to reduce emissions based on 1990 levels by:
- 50 to 60% by 2025,
- 65 to 75% by 2030, and
- 90 to 95% by 2040.
With regards to energy, 100% of electricity in the ACT has come from renewable sources since 2020, which the ACT intends to maintain from now on. While gas remains a major source of energy in the ACT, it aims to complete a transition away from gas by 2045.
Key renewable energy policies in the ACT
The ACT Governmentʼs ACT Climate Change Strategy 2019–2025 includes goals to:
- maintain 100% renewable electricity supply;
- reduce emissions from gas by amending planning regulations, conducting a public education campaign, and developing a plan for zero emissions from gas use by 2045;
- pursue zero emissions homes and buildings, including through energy performance disclosures, requirements and standards, assessment tools and resources, public housing upgrades, solar programs and loans, and other incentives.
The Renewable Energy Innovation Fund aims to support the energy transition. Under the Fund, $12 million has been invested into the ACTʼs renewable energy sector since 2016, with an additional $19 million recently committed. As part of the Fund, the ACT Government facilitates a grants program to offer flexible, early-stage funding for energy innovation projects, initiatives and research. Up to $17 million in grants is available over the next five years to support:
- a broad range of new and emerging technologies;
- solutions to key policy challenges the ACT faces in the transition to renewable energy;
- projects that facilitate ecosystem, and business acceleration, collaboration and investment
opportunities.
The ACT Government also offers other rebates and incentives for home and business owners, and free advice on solar installations and other renewable options, through the Sustainable Business Program and Sustainable Home Advice Program.
Energy storage policies in the ACT
| Policy | Description |
| Next Gen Energy Storage Program |
Provided rebates for installation of batteries in homes and businesses, though it has now stopped aer it reached its target of 5,000 batteries. |
| Big Canberra Battery project |
Will deliver an ecosystem of batteries across the ACT to ensure that its electricity grid remains stable. The project includes the installation of:
|
| Research |
In 2022, the ACT Government commissioned a technical study into planning approval processes for battery storage facilities and EV charging infrastructure. |
Key energy efficiency and demand management policies in the ACT
The ACT generally has a reliable supply of electricity and gas. It is connected to the national energy grid, so can source some of its renewable electricity supply from other parts of Australia.
| Policy | Description |
| Energy Efficiency Improvement Scheme |
Requires electricity retailers to help households and small-to-medium businesses save energy. Large retailers (currently only ActewAGL) must meet their energy savings obligation by delivering eligible activities to households and businesses. Other retailers can choose to deliver eligible activities or pay a contribution to the ACT Government, to be spent on initiatives in accordance with the Objects of the Act. Since 2013, the scheme has:
|
| Sustainable Household Scheme |
The ACT Government offers interest-free loans which can be used toward the cost of installing energy-efficient products, including rooop solar panels and household battery storage systems. The Scheme will be expanded under the ACT Community Solar Banks partnership with the Australian Government to incentivise shared rooop solar with rebates and concessional loans for body corporates. |
| Home Energy Support Program |
Provides up to $5,000 in rebates for eligible homeowners to help with the costs of installing energy-efficient products, including one rebate of 50% of the total installation price, up to $2,500, for:
Rebates can be combined with Sustainable Household Scheme loans. |
| Public Housing Program |
The ACT Government has allocated $28 million over the next three years so government owned housing will meet the Minimum Energy Efficiency Standards for rental properties, including ensuring appropriate ceiling insulation and transitioning off gas appliances. |
Notable hydrogen policies in the ACT
In 2020, the ACT Government announced its focus on hydrogen to meet its target of net-zero emissions by 2045.
National Energy Resources Australia (NERA) has funded a rage of organisations to establish the ACT Renewable Hydrogen Cluster., which so far has included:
- Australiaʼs first public access hydrogen refuelling station;
- the Evo Energy Hydrogen Test Lab;
- the Energy Change Institute at the Australian National University;
- the Smart Energy Council;
- Hydrogen Australiaʼs Zero Carbon Certification Scheme.
The ACT also has a hydrogen test facility for development of infrastructure, safety and training for the production, storage and use of green hydrogen in the ACT.
Policies for gas
Fossil fuel gas accounts for more than 20% emissions in the ACT. The ACT Government aims to transition away from fossil fuel gas use to renewable electricity by 2045, and has said it will soon begin consultation on the development of a regulation to limit new gas connections.
The ACT Government is also developing an Integrated Energy Plan to set out how the ACT will transition away from fossil fuel gas use, optimise the energy system, engage and support energy consumers, and establish collaborative partnerships with organisations across the ACT. The ACT Government has released a community discussion paper on their Integrated Energy Plan which received 60% support and is expected to release the first Integrated Energy Plan in 2024.
Endnotes
- Wensing, E (2021) Unfinished business: Truth telling in the ACT about land rights and native title, Australia Institute Discussion Paper, DOI: 10.13140/RG.2.2.16608.61440, p 3, Recommendation 4.
- Here Action 9
- Here, p 28
- Here
- Here p. 6
- Here p. 6
- Australian Bureau of Statistics (ABS), ʻTable 22.2 Household expenditure: Broad expenditure groups, equivalised disposable household income quintiles, ACTʼ, Household Expenditure Survey, Australia: Summary of Results, 2015-16, ABS website, 2017.
- Australian Energy Regulator (AER), Quarterly retail performance report, October – December 2022, Australian Government, March 2023.
- Here, p 9
- Here, p 14
- Here pp. 14-15
- D Bowles, ʻClimate Change and Health Adaptation: Consequences for Indigenous Physical and Mental Healthʼ; D Green, U King, J Morrison, ʻDisproportionate burdens: the multidimensional impacts of climate change on the health of Indigenous Australiansʼ, The Medical Journal of Australia, 2009, 190(1):4-5, doi:10.5694/j.1326-5377.2009.tb02250.x.
- D Bowles, ʻClimate Change and Health Adaptation: Consequences for Indigenous Physical and Mental Healthʼ.
- Indicator HS2: Energy consumption and generation – ACT State of the Environment 2019 (actsoe.com.au) pre-emptive for 2019-2021
- Indicator HS2: Energy consumption and generation – ACT State of the Environment 2019 (actsoe.com.au) pre-emptive for 2019-2021
- Indicator HS2: Energy consumption and generation – ACT State of the Environment 2019 (actsoe.com.au) pre-emptive for 2019-2021
- Office of the Commissioner for Sustainability and the Environment, ʻEnergy Consumption and Generationʼ. Data sourced from: Environment, Planning and Sustainable Development Directorate. Notes: Figures for 2020–21 are predicted only. Share of national Renewable Energy Target is the component paid for by ACT electricity consumers as part of their normal electricity bills. Greenpower purchases is the total amount of Greenpower purchased by all ACT electricity consumers
- Environment, Planning and Sustainable Development Directorate, 2016, Canberra 100% Renewable: Leading Innovation with 100% Renewable Energy by 2020, ACT Government, Canberra.
Thanks for use of the photo by Allan Sharp