insights
By Owen Hightower
Working on a broad range of jobs for over 10 years in the North West Owen has gained tremendous insight into numerous areas of contention. There are many complex and unique issues and opportunities we encounter across regional Australia. Our insights are focused on creating greater awareness of these emerging issues and opportunities. We might also share the odd good news story about the work our team is undertaken and our clients are achieving.
Yindjibarndi Leading the energy transition
Date: August 2023
The Yindjibarndi Nation recognised the opportunity to support decarbonisation of the Pilbara's resources sector and made the decision to lead early in applying for the economic rights to their Ngurra (Country). This has allowed the Yindjibarndi people to pursue outcomes aligned with their own values, and identify a development partner that holds similar values.
The announcement today is a significant step forward for the Yindjibarndi Nation and its development partner, ACEN. There is a way to go yet, but being funded through to FID and the progression of negotiations with organisations that have publicly stated decarbonisation commitments, we have a good foundation to build from.
Its been a privilege to be on the journey since inception and we look forward to working with Yindjibarndi Energy Corporation to bring this opportunity through to fruition.
effective first nations engagement
Date: June 2023
Traditional Owner organisations, tasked with managing Native Title for members and Common Law Holders, are experiencing increasing pressure in managing both cultural heritage and native title matters. This presents a challenging situation as these organisations are obliged to adhere to statutory timeframes to address these matters. Occasionally, they are faced with these circumstances under stringent cost and resource constraints. This often occurs when organisations without a proper ESG approach seek to minimise their costs, despite wanting their applications prioritised.
While the economy bears a time cost in resolving native title and cultural heritage matters, it feels as though the cultural cost could be even greater. This is because organisations responsible for native title are often forced to prioritise the needs of others due to statutory controls. As a result, they can only address their own priorities regarding the exercise of native title rights or proactive management or leverage of their lands after these obligations have been met.
It seems there is a pressing need for both the industry and government to acknowledge that if economic projects or land access issues are to progress in a timely manner offering certainty, then the requisite costs must be openly agreed upon. Additionally, efforts to build the professional capacity to support these activities for PBC's are needed.
Perhaps with this recognition and support, PBCs wouldn't need to make the unfortunate choice of prioritising the benefit of others from their own lands. Instead, they could balance both the economic advancement of the country while simultaneously pursuing the cultural and economic advancement of Traditional Owners.
Pilbara Strategic Industrial areas
Date: February 2023
The Pilbara’s big Strategic Industrial Areas (SIA’s) are located on the coast. Logical of course, they need to be near ports so that product can easily be put on a ship for export to international markets.
But what about the renewable energy needed to support the net zero fuel production planned in the SIA’s. Creating the green energy in the ‘deadzone’ buffers to the SIA’s is one idea that is being pursued already. It would seem an easy, simply solution to the use of otherwise sterilised land.
But the Pilbara and our SIA’s are in the centre of Australia’s most severe cyclone risk areas. Infrastructure has to be designed to withstand 316.8km per hour winds and be resistant to impacts from debris travelling at around 30m/s. There is always an engineering solution to meet these requirements. Although no industrial scale free standing solar panels or wind turbines built in Region D yet.
These solutions always come with a cost. And most certainly come with a much higher risk of disruption to their operations in the event of failure. So does it really make sense to encourage this solution? Perhaps inland transmission corridors created by Horizon Power connected to inland areas with strong wind and solar resources is actually the lower risk, more affordable way to go.
It would be interesting to see if this is some Horizon Power is thinking about in terms of longer-term transmission network planning for the North-West Interconnected System.
net zero fuel Land Allocation in the pilbara
Date: January 2023
The State recently made exciting announcements about the allocation of land in the Boodarie and Ashburton North Strategic Industrial Areas in the Pilbara Region. The announcements are expected to support up to $70 billion in investment for net zero fuels projects and also battery critical mineral processing. Exciting stuff and great for the region.
One interesting aspect of this though is that the State and DevelopmentWA have yet to actually assemble the land to support this investment. It remains “Unallocated Crown Land” and Karriyarra People hold Native Title Rights and Interests in Boodarie and Thalanyji People in Ashburton North.
There appears to be no Indigenous Land Use Agreements in date to ensure Traditional Owners have not only granted FPIC to the development of the land as contemplated by the State, but will also receive adequate compensation for loss of rights, and opportunities to participate in the development.
Seems like its an important aspect to resolve before making massive commitments, and announcements about $70 billion of investment….
renewable energy in the pilbara
Date: July 2022
The Pilbara region has some amazing elevated plains and rangelands set inland from the coast, away from the severe cyclonic conditions where construction and operational risk are much reduced. The wind and solar resources here are consistent and abundant.
We are currently witnessing huge Mining Tenement applications in these areas, and further inland, focused on enabling large scale renewable production. In this scenario, the energy generated will only be available to support mining activity.
We hear many consistently lament towards historical development of Pilbara mine infrastructure that led to unnecessary duplication. No more so is this evident than amongst Pilbara' current baseload diesel energy generation which exceeds cumulative demand.
At the #PilbaraSummit, the words and phrases collaboration, collective action and shared or multi-user infrastructure could not have been said more, by a more diverse group of organisations.
Yet we see in the net zero rush, similar movements to the past that will result in companies developing their own assets for mining purposes only, likely delivering longer-term excess of requirements, and a much larger cumulative impact on the environment due to the extent of development that will occur and locking out opportunities to provide cheap clean energy to other industry which could diversify the regions economy.
You cant blame them though, it's the easiest way to do it, because getting mining tenure is much much easier than getting land tenure and no one has been bothered to do anything about that.
Collective action would see Energy Users, First Nations and Government come together and sort it out, committing to development of common use infrastructure only, divestment of existing transmission infrastructure to the public grid and agreement to work in partnership to rapidly deliver the tenure required for collective benefit.
7-years to go to achieve broad scale mass reductions for all operators in carbon....who will take the lead?
new tenure Diversification Lease
Date: 17th November 2021
The transition of Rangelands in WA to facilitate hydrogen, green energy and carbon projects begins.
A new form of land tenure, known as a diversification lease, would allow wind and solar farms needed for hydrogen production to “co-exist” with other land activities and rights.
Under the reform, leaseholders could potentially also pursue carbon farming or horticulture projects, while traditional owners could access land to develop cultural tourism businesses.
Let's hope the draft legislation puts First Nations in the box seat to benefit from the largest scale emerging economic opportunity for WA, predominantly expected to occur where Traditional Owners hold a property right of Native Title.
The comments in this article about co-existence and Aboriginal people simply being able to undertake cultural tourism however don't fill me with the greatest of confidence this is the intended outcome.
Will be interested to see how this aligns with the States Aboriginal empowerment strategy....
I wonder how extensive consultation with first nations has been on this too...considering it effects their property rights, you'd hope it has been extensive.
provision of nurse assisted dialysis
Date: 1st November 2021
The Medicare benefits schedule item 13105 provides a rebate for the provision of nurse assisted haemodialysis. The rebate is only eligible if the service is provided in what’s referred to as a Modified Monash 7 (MM7) area. The establishment of this rebate was a result of the great work of Purple House (Western Desert Nganampa Walytja Palyantjaku Tjutaku Aboriginal Corporation)
In 2018 Mawrankarra Aboriginal Health Service opened its $1.8 million dialysis addition to its facility in Roebourne. The facility, with capacity for four chairs, could accommodate up to 16 patients. A great achievement by Mawrankarra.
Roebourne is only within the Monash Modified Model 6 area, and therefore a nurse assisted dialysis service is not eligible for a Medicare rebate. Without access to the Medicare rebate, self-dialysis is the only viable model.
Self-dialysis requires a friend or family member to assist, relative mobility and fair amount of training and organisation. Research has shown many Aboriginal people struggle to overcome these barriers and as a result are required to relocate to a location where nurse assisted dialysis can be secured, away from Country.
If the Mawrankarra dialysis unit was built a few kilometres out of Roebourne, it would have been in the MM7 area and therefore eligible for the Medicare rebate. This seems to me to be a ‘glitch’ in the matrix.
Roebourne is an important community for many language groups of the Pilbara region. Access to dialysis for the old people of these groups would prevent their dislocation in later years, where being close to Country and family is more important than ever. This is a ‘glitch’ that needs to be fixed.
Lake Argyle and Lake kununurra opportunities
Date: 15th March 2022
Post by Cameron Sturges- Regional Development Manager for RFF PTY LTD
Earlier this month I had the opportunity to travel to Kununurra to meet with local businesses, government agencies and traditional owners to understand a broad range of issues and opportunities associated with both Lake Argyle and Lake Kununurra.
Both of these unique landmarks offer unparalleled experiences, including a variety of water and nature-based activities and cultural offerings that are fundamental to both locals and tourists.
The results of the consultation found that there is significant potential for additional infrastructure offerings at both Lakes to improve usability and overall accessibility, something which was found to be underutilised and lacking to an extent at both locations.
Looking forward to see what the future holds for Lake Argyle and Lake Kununurra and hopefully some transformative ideas that help improve the experiences at both areas.
It was also pretty cool to have one of the worlds best infinity pools to myself!
Stream-lining Land Assembly Pathways for Renewables Projects
Date: November 2023
The State Government of WA has announced that a new Environmental Protection Act (EP Act) Exemption will allow the Minister for Lands to grant Lease Options for renewable energy projects whilst still under assessment by the Environmental Protection Authority (EPA).
Prior to this special exemption, the EP Act limited actions that could be taken to enable a proposal to proceed whilst under assessment by the EPA. This has impacted the ability for the State Government to collaborate with proponents on a streamlined pathway to development which allowed environmental approvals and land assembly pathways to progress in parallel.
Continued innovation within our existing regulatory frameworks will be needed to enable decarbonisation of the economy and for WA to being a meaningful participant in global decarbonisation.
Opportunities to further streamline approvals where First Nations organisations and people are proponents or meaningful partners in projects could provide further motivation to ensure everyone benefits from the transition to Net Zero.
workforce accommodation and land use planning
Date: March 2023
Land use planners tie themselves in knots trying to define the use of a bed to a specific type of person or a specific time-frame. But workforce accommodation, dwellings, hotels, short stay accommodation, holiday accommodation, caravan parks and residential buildings are all basically a facility with one or multiple beds for someone to sleep and enough amenities to keep them alive for a few days.
In the Pilbara as the accommodation demand rockets to meet labour demand, dwellings; houses; hotels; and caravan parks one way or another become “Workforce Accommodation”. There is no time to worry about whether the use of the facility is permitted and the demand for rooms is so salacious everyone typically is happy to take the risk anyway if even it isn’t. No one really cares or has the time to care who is lying in each bed at the end of a day and whether they are actually allowed to sleep there.
Maybe in the Pilbara we should just approve everything as “workforce accommodation” and save ourselves the hassle of bed regulators.
Exmouth solar eclipse
Date: April 2023
I missed the Solar Eclipse! But by all accounts it seems to have been a good show and the Exmouth community has provided a great experience to the circa 20,000 visitors.
During 2021, we had the difficult but exciting task of trying to figure out roughly how many visitors might rock up for the show and whether Exmouth could handle it. We also had to come up with solutions to manage the influx, like where overflow and viewing could go, and how best to leave a legacy for the community.
After reading reports today, it seems Michael Campbell's god like skills, crunching numbers and making bold, but foundation based predictions has come good yet again with the circa 20,000 visitors being on the money. The sites identified for viewing and overflow seemed to have performed well and good times have resulted.
These are tough but really cool projects to work on and I'm glad we were trusted as a small organisation to provide advice and approvals support on such an important project for the State. Local Knowledge has value!!
$565mil investment for ppa
Date: February 2023
The Commonwealth Government is investing $565 million to the Pilbara Ports Authority (PPA) to support common user port upgrades in the Pilbara.
The PPA made a net profit of $187 million last year, with a lowest recorded net profit of $126 million in the past five years. Horizon Power recorded a net profit of just $10.7 million and $17 million in the last two financial years. The PPA has the capacity to reinvest earnings and exand port infrastructure so the region can participate in the net zero economy. Horizon Power however may not have the ability to do the same in relation to the North-West Interconnected System (NWIS). It's expansion is critical for cost effective decarbonisation of the Pilbara.
A hasty, similar announcement of funding for the NWIS would be very welcome. This is crucial if we are to develop multi-user transmission networks that achieve collaboration amongst industry and avoid the criss-crossing of private transmission networks across the Pilbara.
Diversification Lease
Date: July 2022
Further steps were recently made by the State to create a new form of land tenure in WA with the release of a draft policy for comment which is intended to guide the grant and use of diversification leases on Crown Land (https://lnkd.in/dYFGwBJu).
The State has emphasised and highlighted that all interests will 'co-exist' over areas where diversification leases are granted. Impacts on other rights and interests, specifically Aboriginal people is intended to be minimal.
Living in the regions, I've had the immense privilege to obtain a far greater understanding of the religious and spiritual belief systems of Australia's First Nations. In the Westminster system, these belief systems are recognised and realised through legislation in the form Native Title.
The learnings I have taken away in relation to the practising of Native Title is that it requires the interaction of 'all things'. It cant simply be categorised in the context of 'land and waters'. The State's Aboriginal Empowerment Strategy recognise this, including a quote from Ambelin Kwaymullina:
"For Aboriginal peoples, country is much more than a place. Rock, tree, river, hill, animal, human – all were formed of the same substance by the Ancestors who continue to live in land, water, sky. Country is filled with relations speaking language and following Law, no matter whether the shape of that relation is human, rock, crow, wattle. Country is loved, needed, and cared for, and country loves, needs, and cares for her peoples in turn. Country
is family, culture, identity. Country is self."
Some uses identified as suitable through the grant of diversification leases will cause a permanent and material change to the environment holistically. In such circumstances, it makes me wonder if it is fair for the State to presume Native Title can co-exist, and such impacts will be 'minimal'.
This is only a question Traditional Owners will be able to answer as new projects emerge under the proposed new form of tenure. To answer it fully informed, it will require time. It will also require a material effort by proponents to ensure the impacts of projects are fully understood in the context of more than simply what 'Native Title" is legislatively defined as being.
Aboriginal Burial Grounds vs the West Austrlian Mining Act
Date 26th October 2021
S.20 of the Western Australian Mining Act includes protections which prevent mining being undertaken on Crown Land within certain areas without written consent of the 'occupier'. This limitation appears to apply in the case of a:
'site of or situated within 100m of a burial ground'.
A burial ground is defined as means an area of "land reserved or demarcated exclusively for the purpose of burials". I imagine this limitation would be easily understood and applied in the case of demarcated burial grounds on Pastoral Leases from historical colonial settlement.
But how should it apply in relation to Aboriginal Burial Grounds? Does this provision offer protections to prevent mining (without consent to a Native Title 'occupier') where Aboriginal burial grounds are identified and can then be clearly demarcated?
If not, should amendments be explored to afford the same protections to any and all burial grounds?
Maybe someone should test the current provisions.....
Renewable energy
Date: 20th August 2021
The reports keep flowing about the obvious opportunity Australia has to benefit greatly from the emerging climate, green, sustainable economy.
The opportunity for WA is enormous given the scale of underutilized land we have, if that land could be easily accessed for new land uses.
WA would get a lot further with the emerging new economy if business changed its attitude about Native Title being a process. That's how it's talked about, like Native Title is a procedural hurdle to land access.
For those with ideas for new projects, the prospect of engaging with Native Title Holders should be embraced as an opportunity for partnership and collective benefit, not a project cost of doing business or liability.
I imagine the broader participation in the green economy would expand rapidly with this different mindset.
A new choice: Australia’s climate for growth- Deloitte Access Economics
aboriginal culture defined as a religion?
Date: 20th of October 2021
How would the world of Aboriginal Heritage change if Aboriginal Culture was redefined as a religion? What would be the constitutional implications to the proposed destruction or modification of land or sites of religious significance on Country without the free, prior informed consent of that religious community? Would this be considered to prevent an individual or group's freedom to practice and exercise their religion?
Philip Davies, Archeologist and Anthropologist for the Yindjibarndi Ngurra Aboriginal Corporation recently published his thesis in obtaining a Masters of Archaeology and Heritage Management. The Thesis is titled "Four Yindjibarndi artefacts: Evidence of religious practices for a discrete human community in the Pilbara."
It mounts a very strong case that characteristics of the Yindjibarndi's Bidara Law reflect that of a religion, and importantly the land, and specific geographical locations form important components of Yindjibarndi's practising of Bidara Law.
So historical ancient culture, or continuously practised religion protected by the constitution?
nextdc in the pilbara
Date: June 2023
We're delighted to announce that we have recently assisted our client, NextDC, Australia's leading data centre developer, in obtaining development approval for their project - the PH1 Port Hedland Data Centre. This marks their first foray into the Pilbara region, highlighting the tremendous growth potential this region holds.
The construction of this state-of-the-art facility has already commenced. Tailored to support Edge-based operations, PH1 is geared to cater to the high-data requirements of key sectors such as telecommunications and mining. With advanced features like location-specific submarine cable landing stations, 5G network coverage, satellite connectivity, and dedicated workspaces, PH1 will provide real-time data processing and low-latency solutions regional businesses have been anticipating.
NextDC's recognition of the value that local knowledge and relationships bring to their growth plans is truly commendable. They entrusted RFF with delivering their approvals on time, and we are proud to say that we have lived up to that trust.
This collaboration signifies a significant step forward in technology innovation in the Pilbara region and a testament to the opportunities it can offer to forward-thinking companies like NextDC. We are excited about the progress of this project and look forward to sharing more updates soon.
Managing WA Crown Land
Date: March 2023
Managing Western Australia's Crown land estate, which covers an area of about 2.4 million square kilometres, is a massive undertaking. It means the Department of Lands is responsible for administering an area equivalent to one of the worlds 10 largest countries.
The excision of land from the Crown estate and conversion into Freehold or some other form or land right is time-consuming and challenging the process can be, even for a smallest of changes or grant of new rights. We've been there for more than 10-years in some occasion waiting for a change despite the the substantive passion, efforts and commitment of the staff within the Lands department.
The experiences we've had make us wonder if there is an adequate human resources and budget allocation to manage the vast area efficiently and effectively, and to maximize the benefits for state and its community as we transition to net zero.
I feel like like at the minute its like putting just one man on 'The Wall' despite the inevitable onslaught.
getting regional economic development right
Date: March 2023
There have been large announcements recently about billions of dollars of possible job-creating investments for an industrial green revolution in the Pilbara region (see https://lnkd.in/dnMSwEdj)
Nothing followed though committing a cent to investing in building strong, vibrant communities to support this massive economic growth opportunity.
Without a long-term bipartisan policy commitment to building the necessary infrastructure and amenities, alongside personal investment incentives, it will be difficult to attract people to live in the area and meet the employment demands of a net-zero fuels sector. Strong leadership and effective planning are needed to build new regional centers alongside the green transition.
Perhaps we are just starting to treat the economic powerhouse of the Nation like 'The Wall'. Only those who have no other choice or have been committed by historical connections are those who must endure 'the North' to ensure that our own Kings Landing is kept strong and wealthy....I hope we have better foresight then that and announcements are just around the corner.....
net zero fuel land allocation cont…
Date: January 2023
The states land allocation in the Boodarie and Ashburton North Strategic Industrial Areas (SIA’s) for net zero fuel production has another interesting aspect to it. Whilst these land allocations might allow the development of processing infrastructure, there stills needs to be land allocation, of a much larger scale, to create stable wind and solar energy to supply to feed these facilities.
But, what if the nominated proponents for the SIA's are not able to successfully reach financial close for the renewable energy generation aspects of their project? What if other companies without land allocations in the SIA's secure the larger land requirements for green electron production? Will they be locked of from our SIA’s, or forced to sell the energy to the companies that have been allocated the land?
First nations opportunities
Date: 19th November 2021
I barely got much sleep last night thinking about all the amazing opportunities for First Nations in WA which could be created after reading the WA State Government's media release "State Government to unlock land for renewable energy and economic diversification" (https://lnkd.in/gMe2tPNx).
The legislation and changes if done properly could really place First Nations in the drivers seat to power the WA economy into the Net Zero economy, on the provision they are granted first right of refusal or an exclusive option to the proposed new form of tenure. An alternative would be, as some current green energy proponents put it yesterday, will be the "triggering future act processes under the Native Title Act", potentially just 'right to object' or 'right to negotiate' process - the same processes mining proponents follow to 'deal with Native Title' that avoids Free, Prior and Informed Consent. Native Title is not a process, its a property right.
Just to be safe, I thought it would be great for First Nations to consider getting on the front foot and writing to the relevant Minister for Lands requesting exclusivity ASAP. After all, it aligns with the State's Aboriginal Empowerment Strategy. I whipped up a draft template letter for those who might be keen. Its attached. Feel free to share.
I'd think such an approach would have the full support of the responsible and ethical investment community and those developers committed to the principles of Free, Prior and Informed Consent.
Green energy land rights
Date 19th October 2021
Eliza Borrello published a story about the challenges developing green hydrogen in WA yesterday. It included the following the following:
Ms MacTiernan said the WA Government was working on a new form of land tenement to accommodate green energy by the end of the year.
In the context of regional development for Western Australia, this has to be one of the most significant pieces of new legislation contemplated this century. It could mean, in certain areas five different rights exist over the same bit of dirt to different people:
- someone can generate green energy
- someone can mine the land
- someone can run cows or sheep on the land
- someone can extract oil or gas or make geothermal energy from the land
- some people can practice their culture on the land.
Talk about complicated. Who's rights are to prevail over the others? Currently mining does. Will this remain the norm? Will green energy be the new usurper of others rights?
Will this new 'right' require the free, prior and informed consent of First Nations, or will there just be a requirement to have a crack (i.e. negotiate) to obtain consent?
We all must get on the green energy wagon. Its so important to future generations. I just hope we can do it in a way that does not perpetuate a a historical concept that seeks to diminish the rights and interests of First Nations. Circumventing Traditional Owners shouldn't be the goal. Creating a pathway for prosperity, empowerment and self-determination will deliver the best financial outcomes with the strongest ESG credentials.
Workforce accommodation refusal
Date: 7th March 2022
The Town of Port Hedland refused to grant approval for a 220-person for workforce accommodation to meet MGM bulk workforce accommodation demands last week. At the same time median house prices in Hedland are rocketing, new housing supply is at a snails pace and the West End Buy-Back is going incredibly well, removing product from the market. So we are probably seeing a net reduction in housing supply in Hedland.
The State Government released plans to ensure the Port Hedland Port will now continue to grow to annual output of 660 million tonnes per annum (https://lnkd.in/gRgC4cZX) and the concept of a Hydrogen Hub at Boodarie has been floated by the State now too (https://lnkd.in/gAxirfsw). All this activity means more jobs on top of the surging demand from current operations.
There seems to be a position that housing and accommodation must be market-based. Its not the State’s job to interfere even though the State owns all the land and demands a premium for it. On the other hand, its totally fine to for the State to offer $100 million + to support an emerging the hydrogen sector.
So ‘market led’ solution it is, which is workforce accommodation. This is simply because it’s led by businesses who desperately need workers on the ground, not by governments or developers trying to build communities. And the cheapest way to do that is workforce accommodation. You get a better return on your capital p/m2 based on occupancy (i.e. 1 worker p/room rather than 1 worker p/ 3 -4 rooms).
We know though workforce accommodation doesn’t sit well with local communities and some serious social challenges have emerged in the last few years as well like mental health, sexual harassment, and safety.
We need some leadership on building regional communities to support this continued regional economic growth. Maybe starting with a whole of state settlement strategy with population targets linked to economic expansion. This would provide a basis for continued public investment to make these communities more liveable, encouraging people to invest in their own workforce accommodation (otherwise known as housing).
Anyway, at least we know now the Pilbara will be More Than Mining thanks to hydrogen, and some people are at least trying to move the dial on policy that could actually deliver, Brendon Grylls.
residential market failure
Date: 12th June 2021
We have market failure in the residential property sector in many regional communities....
There is just no reason for our conventional property developers to invest in regional areas...Western Australia's sector is focused on land development with the purchaser building the house...that doesn't work in many regions where a response to demand requires both land and house build; and a return from the rent....that's requires a lot more capital and much more construction risk
Add in demographic figures which show huge population churn and low home ownership, it probably just seems all too hard, particularly when our metro markets are performing so well....
We need to develop incentives to drive homeownership and create a more conventional, stable property market - encourage regional entrepreneurs to invest into their communities rather than relying on the white knight developer to arrive and solve the problem...
Until we can, it will fall to government and the resources sector to underwrite new supply by bulk purchasing accommodation for their workforce, something I imagine is a particularly lamentable decision on a board room when you are looking at circa $750k - 900k p/new residential employee just for housing....
Regional rents surge as mining and domestic tourism booms put pressure on vacancies- ABC NEWS