It is essential that the Traditional Owners and First Nations communities are supported to realise their rights in the race to reach Net Zero and the Clean Energy sector.

In Australia native title holders and Traditional Owners have been negotiating land access and benefit sharing agreements for over 30 years in the mining and resource extraction context, however clean energy agreements are starting to break new ground, including in the area of co-ownership.

Co-ownership in this context refers to an arrangement where a Traditional Owner group on whose land or waters a project is located hold shares (equity) in the developer company.

Co-ownership may offer a path to self-determination for Traditional Owners, including long-term revenue streams as well as influence to protect Country on issues concerning cultural heritage and environmental stewardship. However, the model may not suit all groups and requires unpacking - it can be complicated, brings various risks, and is highly dependent on the interests and concerns of PBCs, their governance structures, capacity, and the nature of the proposed project.

The video below is based on interviews with people who have detailed knowledge about relevant agreements being negotiated in Australia. They provide general considerations for PBCs and their representatives to understand the potential risks and rewards of equity stakes in large-scale clean energy projects. Please note this is general information only - any agreement should only be entered into after detailed legal and financial advice.