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This article is part of a series by The Conversation, , examining Australia’s energy transition.

of the big wind and solar farms planned to help Australia achieve net zero emissions by 2050 will be built on the lands and waters of First Nations peoples. of the projects that will extract critical minerals to drive the global clean energy transition overlap with Indigenous-held lands.

Australia’s and regions have high rates of Indigenous land tenure, while hosting some of world’s best co-located solar and wind energy resources. Such abundance presents big opportunities for energy exports, and .

is subject to some level of First Nations’ rights and interests, including exclusive possession rights (akin to freehold) over a quarter of the continent. So the stakes for all players are high.

In 2020, after news Rio Tinto had the sacred Juukan Gorge rock shelter in order to gain access to more than $100 million worth of iron ore, we wrote an questioning how much legal say First Nations people would have over massive new wind and solar farms planned for their Country. We asked whether the move to a zero-carbon economy “would be a just transition for First Nations?”

The long but hopeful journey back from Juukan Gorge

Much has happened in the past three years, and while more needs to be done, some signs are promising.

First, the furore and subsequent parliamentary following the Juukan Gorge incident forced the resignation of Jean-Sebastien Jacques. Companies were put on notice that they can no longer run roughshod over First Nations communities. indicates the clean energy industry this message.

Second, in 2021 the – a group of prominent First Nations community organisers, lawyers, engineers and financial experts – was created and began to undertake significant advocacy work with governments and industry.

The network has released several on best practice on First Peoples’ Country. Again, indicates the clean energy industry is paying attention to the work of the network.

Third, there is a question whether the allows large-scale clean energy developments to go ahead without native title holders’ permission. We are increasingly the only way such developments will through the Native Title Act is through an .

Moreover, and have both implemented policies and South Australia is developing that make it clear these states will require renewable energy developers to negotiate an agreement with First Nations land holders. Because these agreements are voluntary, native title holders can refuse to allow large wind and solar farms on their Country.

As always, these decisions come with caveats. Governments can compulsorily acquire land, and many of the we observed in our earlier article persist. These include the power corporations have – unlike most Indigenous communities – to employ independent legal and technical advice about proposed projects, and to easily access finance when a community would like to develop a project itself.

Promising partnerships on the road to net zero

Are First Nations peoples refusing to have wind and solar projects on their land? No, they are not. Many significant proposed projects announced in the last few years show huge promise in terms of First Nations ownership and control.

In Western Australia the between Yindjibarndi Aboriginal Corporation and renewable energy company ACEN plans to build three gigawatts of solar and wind infrastructure on Yindjibarndi exclusive possession native title. Mirning traditional owners hold equity stakes in one of the largest green energy projects in the world, the massive located on their lands in the great Australian Bight.

Further north, Balanggarra traditional owners, the MG Corporation and the Kimberley Land Council have together announced a landmark East Kimberley Clean Energy aimed at producing green hydrogen and ammonia for export.

Across the border in the Northern Territory, Larrakia Nation and the Jawoyn Association have created Desert Springs Octopus, a majority Indigenous-owned backed by Octopus Australia.

Still, much more needs to happen to provide Indigenous communities with proper consent and control. In its 2023 to allow for renewable energy projects on pastoral leases, the Western Australian government could have given native title holders more control but it chose not to. And much needed reforms to cultural heritage laws in WA were scrapped following .

In New South Wales, some clean energy developers seem to be avoiding Aboriginal lands, perhaps because they think it will be easier to negotiate with individual landholders. The result is lost , much needed and .

In the case of critical mineral deposits on or near lands subject to First Nations’ title, has been done to ensure these communities will benefit from their extraction.

Why free, prior and informed consent is crucial

To ensure the net zero transition is just, First Nations must be guaranteed “free, prior and informed consent” to any renewable energy or critical mineral project proposed for their lands and waters, as makes clear.

So long as governments can compulsorily acquire native title to expedite a renewable energy project and miners are allowed to mine critical minerals (or any mineral) without native title holders’ consent, the net zero transition will transgress this internationally recognised right.

The Commonwealth government has agreed in principle with the recommendations of the Juukan Gorge inquiry to review native title legislation to address inequalities in the position of First Nations peoples when they are negotiating .

The meaningful participation of First Nations rights holders is critical to de-risking clean energy projects. Communities must decide the forms participation takes – full or part ownership, leasing and so on – after they have properly assessed their options. Rapid electrification through wind and solar developments cannot at the expense of land clearing and loss of biodiversity.

highlights that when negotiating land access for these projects, First Nations people are putting protection of the environment first when negotiating the footprint of these developments. That’s good news for all Australians.

Ganur Maynard was formerly a member of the steering committee of the First Nations Clean Energy Network.

Brad Riley, Janet Hunt, and Lily O’Neill do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.