Tasmania is one of the few regions globally to have achieved 100% renewable energy generation in November 2020, primarily due to the high contribution of hydropower. There are social licence challenges based primarily on concerns about environmental impacts of renewable energy developments that are not required to supply Tasmania but will export power to mainland Australia.

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Tasmania Policy Overview: First Nations and Clean Energy

Thanks to the team at the University of New South Wales and University of Technology Sydney (Institute for Sustainable Futures) for assisting to compile this overview. Information in this document should not be relied upon as legal advice. Each situation will be different and you should obtain and rely on legal advice for your own situation. 

Executive Summary

This report has been prepared to provide background and context for the Federal Government’s consultation on the First Nations Clean Energy Strategy. Three areas are covered in this report: a) demographic overview, b) Aboriginal land estate, organisations and governance, c) energy policy.   

Overview of energy policy 

Tasmania is one of the few regions globally to have achieved 100% renewable energy generation in November 2020, primarily due to the high contribution of hydropower. Tasmania has now legislated a 200% Tasmanian Renewable Energy Target by 2040 with the goal of becoming the ‘Battery of Nation’, providing storage capacity and renewable energy exports to support the transition of the National Electricity Market, and developing an export renewable hydrogen industry.  

As a result of the Tasmanian Renewable Energy Target, there are major projects underway such as Project Marinus (an interconnector under the Bass Strait between Tasmania and Victoria), upgrading existing hydro infrastructure and building new pumped hydro storage under the Battery of the Nation scheme and the development of wind farms in the North-West of the state. 

There are social licence challenges in Tasmania based primarily on concerns about environmental impacts of renewable energy developments that are not required to supply Tasmania but will export power to mainland Australia.

Jurisdictional First Nations data and information 

First Nations population for the jurisdiction and demographics  

In Tasmania 30,000 people identified as Aboriginal and/or Torres Strait Islander in the 2021 Census of Population and Housing. Aboriginal and Torres Strait Islander people represented 5.4% of Tasmania’s population. This represents a population increase from 4.6% in 2016, and 4.0% in 2011.

Of the 30,000 people, 91.9% identified as Aboriginal and 4.1% identified as both Aboriginal and Torres Strait Islander and 4.1% identified as Torres Strait Islander. 

Aboriginal land estate, organisations and governance 

In 1995 the Tasmanian Government passed legislation that made provision for the transfer of land of significance through a submission process to Aboriginal Tasmanians to manage and control through the Aboriginal Land Council of Tasmania (ALCT).  

In the national history of Aboriginal land repossession, Tasmania was the last state to recognise Aboriginal rights and interests in land.  

The Tasmanian Aboriginal Lands Act 1995 (Tas) (ALA) came into existence after the High Court had found the basis for the occupation of land was a legal fiction. Native Title rights and interests recognised by the Commonwealth Government and the movement for Reconciliation was underway. It was a time of considerable national reckoning about the past and the role of governments in dispossession and violent denial of Aboriginal rights. The Council for Aboriginal Reconciliation was ‘to forge a new partnership built on justice and equity, and an appreciation of the heritage of Australia's Indigenous people’ (Keating, 1993). 

The preamble to the Tasmanian-ALA reflects this public policy discourse, explaining intention '… to promote reconciliation with the Tasmanian Aboriginal community by granting to Aboriginal people certain parcels of land of historic or cultural significance’.  

The Tasmanian-ALA is best characterised as land transfers to the Aboriginal Land Council of Tasmania. 

Purpose

In Tasmania, the Aboriginal Lands Act 1995 (Tas) created an elected Aboriginal Land Council of Tasmania which allows certain land of significance to Tasmanian Aboriginal people to be held in trust in perpetuity. 

Sale and leasing of Aboriginal Land 

Under the Act, the Aboriginal Land Council of Tasmania is not able to mortgage the land or use it as security for any purpose. However, the Council is able to lease areas of land provided that a lease extending beyond three years meets the provisions of the Land Titles Act 1980 (Tas). The land vested in the Council in perpetuity unusually includes mineral rights - except for oil, atomic and geothermal substances. 

Native title in Tasmania 

There are no determinations of native title. Native title applications lodged in Tasmania have all been struck out, discontinued or rejected. In Tasmania, Aboriginal claims to land and waters are managed via the return of land or collaborative management processes. 

Statute - Aboriginal Lands Act 1995 (Tas)

Aim - Provides for a grant of land for the Aboriginal community in perpetuity by the Aboriginal Land Council of Tasmania.

Landowner - Aboriginal Land Council of Tasmania

Form of title - Inalienable freehold

Private sale - No

Leasing or subleasing - Yes

Aboriginal Land Act 1995 

Under the Aboriginal Land Act 1995 (Tas) (ALA), eight elected Aboriginal representatives from across the island state comprise the Aboriginal Land Council of Tasmania. 

Land areas recovered under the statute are held by the Aboriginal Land Council of Tasmania who in turn appoint an appropriate group to manage those lands according to an approved plan of management. In most cases, the Aboriginal Land Council of Tasmania appoints the Tasmanian Aboriginal Centre (the TAC) to manage lands due to its capacity to do so.  

The land parcels transferred under the ALA reflect land of historic and cultural significance to Tasmanian Aboriginals. They include putalina/Oyster Cove, Mount Cameron West (Preminghana), Mount Chappell Island, Kutikana, Ballawinne and Wargata Mina Cave, Badger Island, Babel Island, Great (Big) Dog Island, Risdon Cove, Cape and parts of Barren Island. Wybalenna on Flinders Island was transferred in 1999, and Cape Barren Island and Clarke Island were transferred to the Cape Barren Island Aboriginal Association (CBIAA) in 2005. 

In 2018, the Chair of the Aboriginal Land Council of Tasmania expressed frustration (to an author of this paper) that not ‘one speck of soil’ has been transferred to the Aboriginal Land Council of Tasmania under the ALA since.  

In 2001 and again in 2004, legislation was considered by the Tasmanian Parliament to return 50,000 hectares of land (including at Cape Barren Island, Clarke Island and Goose Island), but the Bill was rejected by the Legislative Council.  

As of 2021, there were 15 areas vested to the Aboriginal Land Council of Tasmania. On each occasion, as land transfers were approved by the Government, it was necessary for the Tasmanian-ALA to be amended.  

From 2018 to 2023, the Tasmanian Government was in discussion about changes to the mechanisms for the return of land to Aboriginal Tasmanians, governance and management of returned lands, and processes for membership and voting in the Aboriginal Land Council of Tasmania elections. The initial discussion paper, Improving the model for returning land to the Aboriginal community (2018) was developed to support the consultation. 

In September 2023 a draft Aboriginal Lands Amendment Bill 2023 (‘an Act to amend the Aboriginal Lands Act 1995, to consequentially amend the Right to Information Act 2009 and the Tasmanian Civil and Administrative Tribunal Act 2020 and to repeal the Aboriginal Land Council Elections Act 2004’) was circulated for discussion. 

The Government explained the amendments to the 1995 Tasmanian-ALA were based on their commitment ‘that more land should be returned’ and the need for ‘a clear process for the proposal and consideration of new land returns’. They outlined some aspects of the current law and arrangements that were not broadly supported by Tasmanian Aboriginal people, and a proposal to identify a process for Aboriginal member eligibility, voting rights and membership of the Aboriginal Land Council of Tasmania. The new Tasmanian Aboriginal Land Act suggested a new ‘Purpose of Act’ that better captures the ‘purpose that its importance warranted’. 

The draft bill is vigorously opposed by the Tasmanian Aboriginal Centre (TAC) which has a long history of activism for recognition, the return of Ancestral Remains, and leadership in local, national and international Indigenous rights. The TAC’s several concerns with the amending legislation include that it transfers land to organisations other than the ALCT, and that the changes transfer too much power to the Government in overseeing the decisions of the ALCT, especially in the management plans and arrangements over lands repossessed under the ALA. 

The CBIAA and the ALCT have opposed the government’s attempt to diminish the meaning of an Aboriginal person in this process.

In more recent years, partnership with private conservation groups has contributed to Aboriginal land repossession in Tasmania. Further, land recovery has increasingly involved a host of new groups representing different polities, engaged in land management.  

The Indigenous Land and Sea Corporation (ILSC) has overseen the ‘hand-back’ of several properties to various Tasmanian Traditional Owner Groups. 

The Aboriginal Land Council of Tasmania was granted five properties from the ILSC including Clark Island (in 2006), Gowan Brae (in 2012), King’s Run in 2017, Modder River Station (in 2010) and Trefoil Island (in 2010). A further property, Murrayfield sheep station on Bruny Island is run by weetapoona Aboriginal Corporation and was transferred to their control from the ILSC (then ILC) in 2015.  

Energy Policy

Current energy mix

Hydro power dominates electricity generation in Tasmania in a grid with close to 100% renewable electricity (94%) over the past year (Figure 1):

• Hydro contributed over 75% to electricity demand.
• Wind farms (16%) are the other major source of renewable energy with a smaller contribution from rooftop solar (2.6%).
• Gas contributed under 1% (supplying power during peak demand times).
• Tasmania also imported 14% (likely to mostly be coal from Victoria) and exported just under 9% to other states.

Figure 1: Electricity Generation, Tasmania, August 2022 - 2023

Renewable Energy Project Pipeline & Coal Closures

The latest version of AEMO’s Generator Information illustrates there is a large project pipeline in Tasmania (Figure 2).  

The key points to note are:

• There are currently just under 2,200 megawatts (MW) of new hydro power projects and four projects totalling almost 4,000 MW of augmentation to the existing hydro facilities (just over 2000 MW) under development.
• There is currently only 420 MW of wind power in Tasmania, but just over 7,300 MW under development across 19 separate projects.
• There is 730 MW of battery storage (6 projects) and 600 MW of solar farms (4 projects) under development.
• Tasmania doesn’t use coal-fired power and there are no proposed projects to do so.
• Tasmania has a single combined cycle gas turbine (CCGT) and open cycle gas turbine (OCGT) plant and there are no proposed plans for future gas facilities.

Figure 2: Electricity Project Pipeline, Tasmania, August 2023

Some of the notable projects under development include:

• Project Marinus, made up of two parts:
  • Marinus Link: a 750 MW interconnector between Tasmania and Victoria. It was originally planned as two 750 MW interconnectors but budget constraints have limited the project to one 750 MW interconnector (as of September 2023). Estimated completion is 2028.
  • North-West Transmission Developments (NWTD): to upgrade transmission lines and other infrastructure for Marinus Link and new energy projects.
• The Battery of the Nation project is a suite of projects which will increase Tasmania’s storage capacity with pumped hydro. The Tarraleah Redevelopment Project is expanding generation capacity while the other three (Cethana, Rowallan and Tribute Pumped Hydro) are adding pumped hydro storage infrastructure to existing plants.
• A cluster of wind farms in the North-West. Some projects, such as the wind farm at Robbins Island, have faced protest from local community groups due to its potential impact on the local environment and because they are designed to export power to the mainland.

Key energy market institutions

Electricity Networks

• TasNetworks is a state-owned corporation that commenced operations in 2014 following a merger between Aurora Energy and Transend (Aurora Energy continues to provide retail services). TasNetworks owns, operates and maintains both the transmission and distribution network.

Regulators 

• The Office of the Tasmanian Economic Regulator (OTTER) has objectives such as maintaining a safe and efficient system of electricity generation, transmission, distribution and supply and protecting the interests of electricity consumers.

Government agencies 

• Renewables, Climate and Future Industries Tasmania (Department of State Growth)
  • Advises the government on energy, climate change and emissions reduction.
  • Advises on large energy-related projects, including renewable energy generation and usage and green hydrogen production.
  • Collaborates with industry, state-owned businesses and communities on the planning and delivery of large renewable energy projects.
  • Oversight of energy regulation and energy mix.
    
    
• Hydro Tasmania (Government Business Enterprise)
  • Main generator of electricity in Tasmania
  • Operates 30 hydropower stations, 2 major wind farms and one gas-fired power station (Tamar Valley)
  • Sells energy into NEM through retail arm, Momentum Energy.

Clean Energy Targets and Strategies

Greenhouse Gas Emissions

• Tasmania’s Climate Change Action 2023-25 has set a target to maintain net zero greenhouse gas emissions, or lower, from 2030.

Hydrogen Energy Target

• Tasmania’s renewable hydrogen energy goals are as follows.
  
  
  • By 2022 to 2024:
    • Tasmania has commenced production of renewable hydrogen.
    • Locally produced renewable hydrogen is being used in Tasmania.
    • Export based renewable hydrogen production projects are well advanced. 
  • By 2025 to 2027:
  • • Tasmania has commenced export of renewable hydrogen. 
  • From 2030:
  • • Tasmania is a significant global producer and exporter of renewable hydrogen. 
    • Locally produced renewable hydrogen is a significant form of energy used in Tasmania.

Renewable Energy 

• Tasmania legislated the 200% Tasmanian Renewable Energy Target (TRET), aiming for generation of 21,000 GWh by 2040.
  • Baseline is 2020’s 100% renewable generation of 10,500 GWh.
  • Interim target of 15,750 GWh (150%) of renewable generation by 2030.

Energy Efficiency

• Energy Saver Loan Scheme - The scheme has no set target.

Local Workforce and Businesses

• Emissions Reduction and Resilience Plans (ERRPs) developed and updated to aid transition to low emissions. Targets are formed on a sector-by-sector basis. 
• Business Energy Efficiency Scheme (BEES) aims to offer up to $50 million in loans to aid large businesses to improve electricity efficiency.

Low-income households

• Your Energy Support Program
• Annual Electricity Concession (+ Energy Bill Relief Rebate)

There are no overarching targets for these initiatives.

Key Renewable Energy Policies

• Tasmanian Renewable Energy Target (TRET)
  • As detailed in the Renewable Energy Action Plan, the three key priorities include:
    • Transforming Tasmania into a global renewable energy powerhouse
    • Making energy work for the Tasmanian community
    • Growing the economy and providing jobs
  • There are 25 actions in total under the three priorities. In addition to the major projects and Renewable Hydrogen Action Plan, other key actions include a scoping study for a renewable energy centre of excellence, a renewable energy education program, developing a bio-energy vision, attracting investment, and rolling out the Energising Tasmania skills initiative (now completed).

Key Energy Storage Policies

• Battery of the Nation
  • Series of projects to build Tasmania’s hydro storage capacity. It does not involve large-scale electrochemical batteries. Initiatives include:
    • Upgrading Tarraleah Hydropower Scheme to expand generation capacity and operation flexibility.
    • Addition of pumped hydro power infrastructure to Cethana, Rowallan and Tribute Power Stations.

Key Energy Efficiency & Demand Management Policies

• Energy Saver Loan Scheme
  • The scheme supports households, small businesses and community organisations by providing interest-free loans up to $10,000 to invest in energy efficient products to help lower electricity bills. As of May 2023, $7.3 million worth of installations have been completed out of the $11.3 million of loans approved so far. 
• Business Energy Efficiency Scheme (BEES)
  • BEES offers up to $50 million in loans to invest in energy efficiency and electrification. Eligible businesses include those with annual consumption of more than 150 MWh.  BEEs is open until applications close on 16 April 2026 (or when funds are exhausted). 

Key Renewable Hydrogen Policies

Tasmanian Green Hydrogen Hub

• Initiatives include:
  • Construction of a hub for hydrogen-based business activities across multiple industries including energy, transport and industrial sectors in the Bell Bay Advanced Manufacturing Zone.
  • Common-user infrastructure (e.g. port upgrades).
  • First stage features construction of a hydrogen production plant of up to 300 MW.

Tasmanian Renewable Hydrogen Action Plan

• Initiatives include:
  • Explore opportunities for using locally produced renewable hydrogen in Tasmania and for export.
  • Providing financial support for renewable hydrogen projects and attracting foreign investment.
  • Ensuring robust and supportive regulatory framework.
  • Building community and industry awareness.

Key Policies for Local Workforce and Businesses

Emissions Reduction and Resilience Plans (ERRPs)

• Development of sector-based climate action plans (ERRPs) in consultation with government, business and industry to support emissions reduction and develop climate resilience. ERRPs will be developed in energy, transport, waste, agriculture, industrial processes and product use and land use, land use change and forestry (LULUCF). Plans due to be completed by November 2024.

Energising Tasmania

• Developed the workforce for the ‘Battery of the Nation’ initiative, renewable energy and construction and manufacturing sectors. Stage 1 commenced in 2020 and spans to 2027. Stage 2 is to develop workforce requirements for projects 2027 onwards.
• Provides a foundation for Tasmania’s energy sector workforce through:
  • Training Fund: available to Endorsed Registered Training Organisations to deliver fully subsidised training for energy, infrastructure and related sectors.
  • Training Market Development Fund: supporting training system capability to meet the needs of the energy and infrastructure workforce.
  • Workforce Development Fund: supporting workforce development projects for energy and infrastructure workforce.
  • Tasmanian Energy and Infrastructure Workforce Advisory Committee: advice to the Tasmanian Government on the implementation of the Energising Tasmania commitment.

Key Policies for Social Housing and Low-Income Households

Your Energy Support (YES) Program

• Aids Tasmanians experiencing financial difficulties, providing:
  • Simple energy saving tips.
  • Energy efficiency advice.
  • Phone energy audits to help understand consumption.
  • Tailored, flexible payment plans for immediate and long-term relief.

Annual Electricity Concession (+ Energy Bill Relief Rebate)

• Provides a daily discount of 172.434 cents to eligible customers, such as those who hold pensioner concession cards, health care cards or ImmiCard (Bridging Visa E).
• Energy Bill Relief Rebate provides eligible households with $250 of electricity bill rebates over two years. Those who already receive the Annual Electricity Concession are enrolled automatically. 

Policies or Programs for First Nation Peoples

One of the actions in Tasmania’s Climate Change Action Plan is for Renewables, Climate and Future Industries Tasmania to incorporate Tasmanian Aboriginal knowledge into action on climate change. There are no other policies currently legislated or being implemented.

Thanks to Lochlainn Riordan for use of the photo.