The paper explains the basic building blocks of how to develop an enduring relationship with First Nations people through ‘sharing the benefits’.

It is an invitation to renewable energy companies to embrace the opportunity of having strong, equitable, respectful and durable relationships with First Nations people.

The paper explains some of the key concepts and obligations, as well as setting out best practice guidelines for negotiating land access agreements with First Nations land holders. It also provides examples of the contents of both strong and weak land access and benefit sharing agreements.

The paper was prepared by The Centre for Aboriginal Economic Policy Research at the ANU, produced for the ‘Zero-Carbon Energy for the Asia-Pacific’ ANU Grand Challenge Project. It includes a foreword by Original Power's Executive Director Karrina Nolan.

Authors: O’Neill, L., Riley, B., Hunt, J., & Maynard, G. (2021).  

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Australia’s Pilbara and Kimberley regions have very high rates of Indigenous land tenure, whilst hosting some of world’s best co-located solar and wind energy resources. Simultaneously, technological advances in energy transmission and distribution raises the possibility of renewable energy export into Southeast Asia.

This paper builds upon previous work (O’Neill, L., Thorburn, K. and Hunt, J. (2019), Ensuring Indigenous benefit from large-scale renewable energy projects: Drawing on experience from extractive industry agreement making, Working Paper No. 127, Centre for Aboriginal Economic Policy Research, Australian National University, Canberra) in considering the opportunities and risks of renewable energy developments for Indigenous communities in these regions. It considers renewable energy developments at two different scales – utility-scale and smaller dispersed models, finding that communities are more likely to obtain broader social and economic benefits from developments in which they have a significant financial stake and have power over aspects of development.

Proponents of utility-scale developments may negotiate agreements to offer Indigenous people access to energy, financial compensation for land use, or a stake in ownership. Yet, in considering research from the extractives industry in relation to agreement making we find that broader social and economic benefits for communities are often less than predicted.

Research from Canada that looks at the potential for Indigenous ownership of smaller scale renewable energy developments to address local need and benefit, highlights the importance of First Nations’ voices in discussions of regional economic development associated with the coming energy transition.

Authors: Thorburn K., O’Neill L., Hunt J., Riley B., (2019), Renewable energy projects on the Indigenous estate: Identifying risks and opportunities of utility-scale and dispersed models, Working Paper no. 130, Centre for Aboriginal Economic Policy Research, Australian National University, Canberra.

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In the coming decades Australia is set to see a dramatic expansion in renewable energy projects. It is likely that many of these will occur on land subject to Indigenous rights and interests.

The paper concludes that while the guiding principles and the content of access and benefit sharing agreements may be quite similar between the extractive and renewable industries, there are a number of critical differences between these industries that may impact agreement content.

These are that renewable energy developments use a completely renewable resource; are usually not limited to specific geographic areas (although certain areas are more conducive to both wind and solar projects); generally require a much greater land area; have physical impacts that are almost completely reversible; affect visual amenity over greater distances (in the case of wind); are potentially in place for more than one generation; and may allow Traditional Owners continued land access.

Additionally, the use of native title land for renewable energy projects will raise different issues for native title holders and companies than the renewable energy industry’s experience to date with neighbouring communities in high population areas.

Renewable energy companies would be well advised to heed the changing attitudes and experience of the extractive industry over the past two decades in relation to best practice.

Authors: L O’Neill, K Thorburn and J Hunt

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O’Neill, L., Thorburn, K. and Hunt, J. (2019), Ensuring Indigenous benefit from large-scale renewable energy projects: Drawing on experience from extractive industry agreement making, Working Paper No. 127, Centre for Aboriginal Economic Policy Research, Australian National University, Canberra.

Thanks for use of the photo Anthony Ketland.