6 May Renewable Energy Guidelines and Accelerated Approvals May 6, 2024 By AMPLA Admin Energy, Environment 0 The Clean Energy Council, in collaboration with KPMG, has released its Leading Principles: First Nations and Renewable Energy Projects. The document provides detailed guidelines on how to address challenges to effective engagement and sets out best practice principles to engage with First Nations People on renewable energy projects. The Clean Energy Council, in collaboration with KPMG, has released its Leading Principles: First Nations and Renewable Energy Projects. The document provides detailed guidelines on how to address challenges to effective engagement and sets out best practice principles to engage with First Nations People on renewable energy projects. For Australia to achieve net zero emissions by 2060, approximately 43% of renewable energy infrastructure will need to be sited on recognised First Nations Land. These projects are estimated to require over $20 billion in capital investment and deliver approximately 700,000 direct jobs. Without respectful, meaningful and productive engagement, achieving our net-zero goals will be challenging. This comprehensive guide provides a useful framework to support the energy transition while ensuring respectful engagement with First Nations people and communities. By linking community and industry, the guide can help achieve the shared goal of affordable and sustainable energy in Australia. Mutual benefit is possible with better projects and local partnerships being achieved and stronger social and economic agreements reached for First Nations communities. The guide outlines the key challenges and barriers to effective engagement, based on research with stakeholders. These include: Low cultural awareness within industry which is a significant barrier to meaningful engagement; Changes in project ownership that may result in commitments to communities not being delivered; The legacy of extractive industry fosters distrust between communities and renewable energy companies; Identifying First Nations communities can be challenging, meaning developers and owners are not always engaging with the right people from communities; Engagement conducted solely for compliance purposes means communities are engaged too late in the project life cycle, providing limited scope for mutual benefit; and The capacity and capability of First Nations organisations can vary significantly which can make engagement slow and create tension. While there has been some positive engagement, no company is yet meeting leading practice standards. The guide outlines ten leading principles for engaging with First Nations people for renewable energy projects. These are: Engage respectfully; Prioritise clear, accessible and accurate information; Ensure cultural heritage is preserved and protected; Protect Country and environment; Be a good neighbour; Ensure economic benefits are shared; Provide social benefits for community; Embed land stewardship; Ensure cultural competency; and Implement, monitor and report back. The guide includes detailed guidance on each principle and outlines the minimum practice required as well as what would constitute leading practice. Case studies and feedback from participants also provides practical information to assist in applying the principles. While this guide has applicability across all of Australia, the Victorian Government has made some specific changes to enable renewable energy projects to be fast tracked in the State. This was identified as an issue due to approximately $90 billion worth of renewable energy projects currently being delayed in the approval process. The Government has announced that these changes will assist in delivering its objective of having 95% renewable energy by 2035. The changes designate renewable energy projects as significant economic development, thereby making them eligible for the Development Facilitation Program. The Development Facilitation Program is a planning body that accelerates approval of priority projects in Victoria, rather the projects being determined under the planning panel process or subject to third-party appeals in the Victorian Civil and Administrative Tribunal. Projects that require an Environment Effects Statement will not be eligible for this process. The new process should see renewable energy project applications assessed within four months of being endorsed by the Development Facilitation Program Standing Advisory Committee. Related Articles POWERING CONSUMER PROTECTIONS: WHY DECENTRALISED AND DISTRIBUTED ENERGY RESOURCES WARRANT A NEW LENS ON CONSUMER PROTECTION REGULATIONS Recent years have seen distributed energy resources usher in a new era of self-generation and reduced reliance on traditional centralised energy networks. Australian customers are increasingly enabled to access unconventional “behind the meter” energy sources and contribute to a two-way flow of energy back to the grid. COMMUNITY LEGAL RIGHTS IN MINE CLOSURE PLANNING; A COMPARATIVE ANALYSIS OF THREE AUSTRALIAN STATES Professor Alex Gardner, University of Western Australia Law School, and Laura Hamblin, formerly research associate at the UWA Law School, 2021 Why does the Mining Act 1978 (WA) not provide secure legal rights for community consultation in relation to mining lease proposals and mine closure plans? Addressing this question presents an important theme for this comparative review of some core features of the regulatory frameworks for mine closure in three Australian States. It also raises important questions for future legal research. Western Australia, Queensland and Victoria have prominent but vastly different, and thus uniquely significant, mining industries. Western Australia’s mining industry has a long history of large and smaller scale mining of a diverse range of minerals by various methods that pose significant mine rehabilitation challenges.[i] Queensland’s mining industry is similarly large and diverse, dominated by export coal production, and planning future minerals development in a decarbonising world.[ii] Victoria has a smaller mining industry with a large historical legacy dominated by a coal mining industry for domestic electricity generation in the Latrobe Valley, which is closing as the State actively transitions to renewable power sources.[iii] These States also have significant differences in the regulation of their mining industries. What all three States do have in common is the significance of their mining industries to both the State economy and the communities who depend on or live near mining operations. Importantly, all three States are confronting large legal and regulatory challenges in managing mine rehabilitation and closure. The key to addressing these challenges is effective mine closure planning: the closure of a mine site has ripple effects that are not merely environmental and economic, but social and cultural too. The initial approval of a mine closure plan occurs before any mining has begun and, with the life cycle of a mine often spanning decades, regulatory bodies are approving hypothetical closure scenarios, potentially subject to vast changes. Regulatory bodies may then seek to enforce closure requirements enshrined in a plan that may wane in relevance as mining operations progress, the updating of which may depend on the miner. Yet remedying the regulatory system so that it creates adaptable but consistently effective mine closure outcomes for affected communities still begins at planning. Although that planning is an iterative process across the life of the mine, it is very important at the initial stage of approval. Recent legislative reforms in all three States are adding to the regulatory rigour and adaptability of mine closure planning, though there are very different legal requirements for community consultation. This article aims to explain and assess the regulatory reforms by undertaking a comparative analysis of mine closure planning across Western Australia, Queensland and Victoria, with a focus on the initial approval stage and how stakeholders and communities are brought into that process. The facilitation of continuous and comprehensive community engagement is critical to ensuring that mine closure planning accounts for environmental, economic, social, cultural and safety outcomes after mine closure, but it has not been possible to consider here the process of ongoing mine closure planning, especially for amending mine closure plans and determining satisfaction of mine closure plans leading to resource tenure relinquishment.[iv] The article begins by considering core concepts of mine closure planning and the regulatory goals that inform it. It then provides a comparative overview of each State’s mine closure planning requirements under the mineral resources, environmental and land use planning laws and draws out some of the different regulatory structures and processes for mine closure within each State. The third step in our analysis compares the ways in which those laws provide for local communities’ participation in mine closure planning, with specific attention to whether the regulatory provisions create legally enforceable rights for effective community engagement. The article concludes with a summary of the key points from the discussion of three themes in our analysis: (i) the importance of clear definitions of core concepts and key goals, (ii) mine closure planning as an essential part of a mining proposal, and (iii) the legal definition of community engagement and consultation rights. Mine closure planning and implementation is necessarily influenced by many other spheres of law including taxation law, investment law, water law, and the rights of traditional owners, to name a few. A potentially directly relevant Commonwealth law is the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which may require environmental impact assessment of a mining proposal and closure plan and lead to approval conditions supplementing State requirements.[v] Whilst acknowledging the importance of these adjacent spheres of the regulatory frameworks for effective mine closure planning, this article does not attempt to address their impact. In particular, the rights of Traditional Custodians are a crucial part of mine closure planning that are only briefly noted here and that would benefit from future research. WA Department of Mines, Industry Regulation and Safety, Major Commodities Review 2022-23”. Qld Government, Department of Resources, Queensland Resources Industry Development Plan, June 022. Vic Government, Department of Jobs, Precincts and Regions, Latrobe Valley Regional Rehabilitation Strategy. See L Hamblin, A Gardner, Y Haigh, Mapping the Regulatory Framework of Mine Closure, May 2022, CRC TiME, for a broader exploration of the full life cycle of mine closure regulation. In Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCAFC 111; (2013) 214 FCR 301, [144], [227]-[230], referring to the range of approval conditions, which included mine closure. In setting conditions under the EPBC Act, the Commonwealth Minister must consider any relevant conditions under State or Territory law: at [80] citing Lansen v Minister for Environment and Heritage (2008) 174 FCR 14. Why hydrogen is becoming an important energy source Hydrogen as an energy source continues to grow in popularity. Once confined to industrial processes such as refining crude oil, it is now being recognised as a potential solution to the problems of electricity generation, transportation and storage. Over the next thirty years, global energy demand is predicted to grow by at least 30-40%. At the same time, the share of energy generated from fossil fuels has stayed almost static at 81%. While renewable energy technologies such as solar and wind are getting cheaper, they can only be generated on an intermittent basis. To make them commercially practical to use, they must be combined with high-energy batteries and backed with other energy sources. Outline of new state legislation New legislation has been proposed across several states in Australia. These cover a range of issues including climate change and the development of hydrogen and renewable energy industries. In this article we outline the latest changes in New South Wales, South Australia, Queensland and the Northern Territory. The states boost the energy and resources sector This year will be remembered for the many challenges that it brought to both individuals and industry. As Australia starts to return to some normality, many states are looking to boost industry, increase jobs and innovate for the future. In this article, we look at various state initiatives designed to boost the energy and resources sector. Recent State legislative updates Both Victoria and South Australia have recently progressed significant legislation focused on renewable energy. The Victorian Government’s Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Bill 2023 has had its second reading in the Legislative Assembly. The Bill is intended to reduce the cost of power bills, create tens of thousands of jobs and encourage investment in the State’s renewable energy industry. Showing 0 Comment Comments are closed.