"Trending Up: How clean energy agreementmaking in Australia is raising the bar on benefit and co-ownership arrangements for Australian Traditional Owners", 17 March 2025

The discussion paper titled "Trending Up: How clean energy agreementmaking in Australia is raising the bar on benefit and co-ownership arrangements for Australian Traditional Owners" is a discussion paper authored by the National Native Title Council (NNTC) and the Melbourne Climate Futures center at the University of Melbourne. It explores the dynamics of native title agreements concerning renewable energy projects in Australia, highlighting the increasing involvement of Traditional Owners in these agreements. The paper reflects on the historical context of Indigenous Land Use Agreements (ILUAs) established under the Native Title Act of 1993, illustrating the evolution of agreement-making and its impact on Traditional Owner communities. Through qualitative research, including interviews with experts in clean energy agreement-making, the authors gathered insights into the current landscape of renewable energy projects and their implications for Traditional Owners.

Key findings of the report indicate that the clean energy transition presents significant economic opportunities for Traditional Owners, contrasting with the more challenging frameworks associated with mining and resource extraction. The authors identified five critical success factors for Traditional Owners: undertaking renewable energy resource mapping, carefully selecting development partners, being creative in obtaining financing, accessing expert advice, and fully understanding power purchase agreements. While the potential benefits are considerable, challenges remain, particularly regarding access to resources and funding for smaller groups, which could hinder their ability to capitalize on these emerging opportunities. Overall, the report underscores the necessity for equitable frameworks to ensure that Traditional Owners can effectively leverage their land and sea rights within the clean energy sector.

The full discussion paper can be accessed here.