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Pages tagged "consent"

QREC toolkit launched with strong signal to First Nations

The Queensland Renewable Energy Council launched its 'Queensland Renewable Energy Developer and Investor Toolkit' in May 2025.

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Enabling Indigenous-centred decision-making for a just energy transition: Lessons from community consultation and consent in the circumpolar Arctic

Governance and decision-making that uphold the rights, interests, knowledges, and values of Indigenous peoples and land-connected communities are increasingly recognised as critical components of a just energy transition. Despite the unprecedented inclusion of Indigenous peoples in resource governance, it is unclear how community consultation and consent can effectively support Indigenous-centred decision-making.

This paper, Enabling Indigenous-centred decision-making for a just energy transition? Lessons from community consultation and consent in the circumpolar Arctic (published in 2025), by Julia Loginova, Mia Landauer, Juha Joona, Ranjan Datta and Tanja Joona, variously from universities in Australia, Sweden, Finland and Canada, provides a review of community experiences with consultation and consent across the Arctic and sub-Arctic region which along with other ‘resource geographies’ are increasingly affected by transition minerals mining and renewable energy infrastructure.

Key themes identified in the review include:

  1. limitations of state-and company-led community consultation and consent;
  2. practices of Indigenous-centred (Indigenous-led, Indigenous-benefiting and Indigenous-informed) decision-making; and
  3. barriers to Indigenous-centred decision-making.

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Unpacking the 5Cs for multi-generational benefits

There's 5Cs - consent, collaboration, capacity, co-design and co-ownership - and there needs to be incentives and resources put into all of those.

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First Nations equity mandated? The design of the Capacity Investment Scheme could be stronger

Australia’s Capacity Investment Scheme, rolling out from April 2024, has room to echo significant First Nations equity participation requirements currently being spelt out in Canada.

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Renewable Energy Development And The Native Title Act 1993 (Cwlth): The Fairness Of Validating Future Acts Associated With Renewable Energy Projects

Increasing demand, innovations in technology, and extensions to electricity grid infrastructure are likely to lead to a growth in renewable energy development on native title land and water.

The likelihood that native title holders and claimants will benefit from this development will depend in part upon the legal regime that governs native title.

The prevailing legal regime governing renewable energy development on native title land and water involves two principal alternatives to permitting development: voluntary land use agreements and compulsory government acquisition of native title.

While the procedures associated with these alternatives afford native title holders and claimants more procedural protection than some commentators have suggested, they fail to attain the standard of ‘free, prior, and informed consent’ prescribed by international best practice and the philosophical and moral arguments that underpin that standard.

To remedy this failure, the Native Title Act 1993 (Cwlth) should be amended to place less weight on economic and similar considerations when authorising the compulsory acquisition of native title for renewable energy development, or prohibit the compulsory acquisition of native title generally, except for in certain exceptional circumstances.

While this paper focuses on renewable energy in particular, a number of its conclusions could apply to issues that attenuate native title generally.

 

Author: Maynard, G. (2022), Renewable energy development and the Native Title Act 1993 (Cwlth): The fairness of validating future acts associated with renewable energy projects (Working Paper No. 143/2022), Centre for Aboriginal Economic Policy Research, Australian National University

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Thanks for use of the photo by Angie Warren on Unsplash