The First Nations Clean Energy Strategy provides an endorsed national framework for equitable partnerships, economic benefits and better energy access. The Electricity Services Entry Mechanism (ESEM) should be designed as an instrument for delivering its goals.
Our latest submission to the federal government's National Electricity Market Wholesale Market Settings Regulatory Reforms (Oct 2026) clearly states First Nations are rights holders with continuing responsibilities for Country, whose rights and decision-making authority require recognition in their own terms. First Nations should also be able to shape projects and share in the long-term economic value created on Country.
We call for the Electricity Services Entry Mechanism (ESEM) to recognise First Nations as rights holders with authority and continuing responsibilities for Country—not merely as stakeholders or recipients of community benefits.
First Nations must be able to shape decisions affecting Country, exercise self-determination and free, prior and informed consent, and share fairly in the long-term value generated by clean energy projects.
We state these rights and economic participation must be explicit, mandatory requirements in the law and procurement rules. Cost minimisation should not override them. All projects should meet national minimum standards, including cultural heritage protection and measurable commitments to ownership or revenue sharing, employment, training, and First Nations businesses. Stronger commitments should earn competitive advantages, and dedicated procurement pathways should support meaningful ownership and community-chosen sharing arrangements.
Benefits must be delivered through enforceable contracts, transparent monitoring, independent verification, and remedies for non-compliance. First Nations groups should help verify outcomes, shape reporting, and retain control over cultural information and data.
Communities must have access to independent legal, financial, and technical advice, sufficient time to make decisions, and the freedom to decline projects without losing rights or accepting excessive risk.
Our submission insists that First Nations participation inform ESEM design, governance, and review. Any special-purpose procurement, including fossil-fuel tenders, must maintain First Nations protections and justify its impacts on Country.
Read our submission