The Network supports recognising First Nations outcomes through optional attributes on renewable electricity Guarantee of Origin certificates. However, Free, Prior and Informed Consent must be embedded as a core policy principle and a condition of access to government programs.
This includes access to systems that promote genuine First Nations leadership, participation and benefit sharing across the clean energy transition.
The Department of Climate Change, Energy, the Environment and Water (DCCEEW) states the Guarantee of Origin (GO) scheme is a voluntary framework for emissions accounting of products and certification of renewable electricity.
DCCEEW is consulting with stakeholders on the development of subordinate legislation that defines the GO scheme’s details.
The First Nations Clean Energy Network produced a submission to this enquiry.
We say, to be credible, investable and consistent with Australia’s commitments to self-determination and Free Prior and Informed Consent (FPIC), including as set out in the First Nations Clean Energy Strategy, the framework must:
- embed ongoing, revocable FPIC
- prioritise Traditional Owner leadership and representation where projects affect Country;
- ensure economic participation (ownership, equity, employment, procurement) is measurable, additional to business-as-usual (BAU), and improves over time; and
- provide robust verification, audit and consequences for non-compliance.
Consent must be current when each renewable electricity Guarantee of Origin certificate (REGO) is created, tied to the appropriate First Nations decision-making body, and be revocable with a clear, public status on the GO Register.
Mandatory registration fields must be required where facilities are on native title land, subject to Indigenous Land Use Agreements (ILUAs), held under state/territory land rights regimes or on other First Nations-held land.
We also state there must be consequences for cultural heritage breaches and FPIC withdrawal. Court-found / statutory authority contraventions of cultural heritage law should automatically suspend relevant attributes on future REGOs; and the withdrawal of FPIC must trigger a suspension/flag on the Register until rectified. Further, past cultural heritage contraventions and demonstrated capability to partner with First Nations should inform registration decisions and ongoing participation.
Read our full submission here