First Nations rights, interests and priorities, including Free Prior and Informed Consent, must be incorporated as core components of the government’s Guarantee of Origin Scheme framework. 

Since being launched in November 2021, the First Nations Clean Energy Network has advocated for an energy system that ensures First Nations participation and benefit.

The Australian government has announced it will incorporate First Nations benefit as one of the key principles in the Future Made in Australia Act. Federal Minister Chris Bowen MP also wants to see more First Nations jobs, and ownership of and equity in clean energy projects.

The First Nations Clean Energy Network is looking at the potential risks and opportunities for First Nations from proposed hydrogen projects in Western Australia, New South Wales, Queensland and Tasmania.

The government is laying the foundations for Australia to be a major miner, producer and exporter of green hydrogen and critical minerals.

Of the $127 billion pipeline of announced hydrogen investment in Australia, including more than 80 announced projects, only $2 million to-date has been allocated towards First Nations engagement. Furthermore, with over 450 critical minerals deposits across Australia, critical minerals exploration and mining is likely to occur in many Nations.

Government policy suggests on-going engagement, benefit sharing and partnerships with First Nations peoples will be essential to improve equity and investment opportunities for the resources sector’s sustainability.

This session reviews the application of government's policy intent. Are there significant First Nations partnerships, equity and ownership arrangements in the critical minerals and hydrogen sectors, including a seat at the table, and if not, why not?

SPEAKERS: Cameron Smith, Sonja Dare, Jason Bilney, Mia Pepper, Anu Nagar, Darren Godwell (Facilitator)

First Nations people can and should benefit from the renewable energy revolution, including from small community-based projects to large scale export-focused initiatives, and also through the development of new supply chains and industries.

The Hydrogen Headstart program presents an important opportunity to take practical steps to include and embed First Nations in the development of Australia’s hydrogen industry.

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The solar and green hydrogen East Kimberley Clean Energy project for Western Australia was announced in July 2023. 

Equity partnership

The project is based on a 4-way equity partnership between clean energy investor Pollination and three Traditional Owner groups:

1. the Balanggarra people through the Balanggarra Ventures Corporation (a subsidiary of Balanggarra Aboriginal Corporation RNTBC)
2. the Yawoorroong Miriuwung Gajerrong Yirrgeb Noong Dawang Aboriginal Corporation (MG Corporation) 
3. Kimberley Land Council.

The three Traditional Owner groups each have an initial 25% share in the new company they've formed, Aboriginal Clean Energy, with Pollination also having a 25% share.

This is a new partnership model that places Traditional Owners as shareholders, not just stakeholders. Pollination

The Partnership holds equity in the company developing, constructing and operating the Project.

During the project’s development process, 'the Partnership will decide how they are to be compensated and included in the Project pre and post final investment decision'.

The project

The East Kimberley Clean Energy project will see a ~ 2,000-hectare solar farm developed on MG Corporation freehold land near Kununurra.

The resulting solar energy (approximately 1,000 megawatts) will be combined with water and hydro energy from the existing Ord Hydro Power Plant at Lake Argyle to produce green hydrogen.

The green hydrogen will be transported by pipeline to Balanggarra Country in Wyndham where it will be converted to green ammonia.

The green ammonia will be sold locally as a fertiliser for irrigated agriculture, and will also be exported.

Where’s it up to

In March 2024 the Australian Renewable Energy Agency (ARENA) committed $1.6 million towards a feasibility study for the project. 

"This project will pave the way for First Nations-led renewable energy developments and ARENA will be working to ensure the lessons we learn from East Kimberley inform future projects.” Darren Miller, ARENA chief executive (2024)

As of August 2024, the Aboriginal Clean Energy partnership had delivered the first phase of the feasibility study, as per the project’s Workforce and Capacity Building Report.

They reiterated that First Nations’ agency, self-determination and decision-making is crucial to Projects developed on Country.

Stage 2 of the feasibility study is progressing in 2026, with 'more detailed and complex work, along with higher levels of community and stakeholder engagement.'

The project proponents are targeting a final investment decision in 2027 with post-commissioning hydrogen production operations scheduled for 2030.

More information

Email company: [email protected]

There is a massive global and domestic renewables energy transition underway that is driving generational shifts in energy systems. First Nations people can, and should benefit from this revolution, whether from small community-based projects, to large scale, export-focused initiatives.

Download the submission

First Nations peoples' land is essential to making renewable hydrogen. In this paper, published by Australian Environment Review, researchers from the ANU and Original Power discuss a few ways to ensure First Nations people fairly benefit from its production.

Authors: O’Neill, L., Beck, F., Nolan, K., & Cheng, W. (2022).  

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