Rent and reparation: how the law shapes Indigenous opportunities from large renewable energy projects

Abstract

ABSTRACT This paper examines the potential for benefit-sharing from large-scale renewable energy projects in Australia on land held under customary ownership. I argue that the growing body of scholarship on accumulation by energy dispossessions needs to be balanced by attention to the opportunities for benefit-sharing by Indigenous landholding interests. I remain open to the possibility that rent-seeking can create value for historically marginalised and formerly dispossessed Indigenous communities. Following a recent sustained period of Aboriginal repossession of land, benefits can flow to Aboriginal landholders and managers based on the strength and durability of traditional and novel property rights, and their capacity to negotiate benefits. Drawing on the extensive literature on mining negotiations in Australia, I focus on the significant role that the law plays in shaping benefit-sharing opportunities particularly through a procedural right of veto for Indigenous interests. Overall the legal procedural protections for Indigenous landholders are weaker for large scale renewable energy developments than for minerals extraction, and stronger under one legislative regime (Land Rights) than another (Native Title). This analysis shows how the law is both a site of struggle over benefit-sharing and can shape socio-spatially differentiated outcomes. I call for greater analysis of the relationship between rent-seeking, reparation and energy justice, with an emphasis on the distribution of benefits not just burdens.