The Network is concerned the Queensland government's Bill diminishes the value of agreement-making and engaging early and properly with Traditional Owners and First Nations communities.
The Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill (the Bill) enables proponents to meet their social licence / benefit-sharing obligations by negotiating directly with local governments.
By directing proponents to engage with and enter into community benefit agreements with local councils, the scheme established by the Bill has the potential to silence and diminish the priorities, rights and interests of Traditional Owners and First Nations communities impacted by proposed developments.
The Network recommends that the Queensland Government should clarify that proponents should enter into benefit sharing agreements with Traditional Owners, and that agreements with Traditional Owners should not be set-off or diminished in any way by community benefit agreements with local councils.
Policy frameworks like the First Nations Clean Energy Strategy, and schemes like the Future Made in Australia Act 2024 (Cth) and the Capacity Investment Scheme are taking steps towards specifically incorporating First Nations outcomes in their design.
The Bill, as presently framed, fails to appropriately incorporate First Nations rights, interests and perspectives in its processes. This will diminish the planning system as a whole and the potential for it to shape projects that realise the best value for Queensland.
The Network recommends that the Queensland Government:
- establish a First Nations-specific assessment pathway and guidance for proponents engaging with Traditional Owners and First Nations communities
- require that all SIA include a cultural heritage assessment and incorporate First Nations-defined priorities.
- develop templates and resources to support First Nations participation in community benefit agreements, including governance, monitoring and accountability mechanisms.
Furthermore, the Network recommends that the Development Assessment Rules and the SIA Guideline must be updated to:
- require proponents to engage with Traditional Owners and First Nations communities early and continuously in the project lifecycle
- recognise First Nations people and groups as rightsholders with specific rights and interests in land, culture and development, and that Traditional Owners and First Nations communities must be engaged with and heard in the development of a SIA
- ensure principles of Free, Prior and Informed Consent (as articulated in the United Nations Declaration on the Rights of Indigenous People) is incorporated as a core principle of engagement
- require that providers undertaking social impact assessments must include First Nations people, or at a minimum, ensure that providers are culturally competent and wherever possible, that priority is given to providers with deep local experience and understanding of First Nation community priorities and aspirations in Queensland.
In relation to New State Code 26: Solar farm development, the Network also raises a number of concerns.
Our full submission to the State Development, Infrastructure and Works Committee Inquiry on this Bill can be accessed here.
Read our submission