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Described as ‘foundational in implementing the Queensland
Energy and Jobs Plan’, the Transport and Resources Committee is
soon to provide its report on the Energy (Renewable
Transformation and Jobs) Bill 2023.
Given this, it is timely to revisit the Bill, which was
introduced into the Queensland Parliament on 24 October 2023 after
weeks of consultation on an exposure draft issued in June 2023.
Main purposes of the Bill
The main purposes of the Bill are stated as:
increasing the amount of electricity generated in Queensland
from renewable energy sources
facilitating and supporting the efficient and coordinated
augmentation of the national transmission grid in Queensland to
accommodate the increased generation of electricity from renewable
energy sources in a safe, secure, reliable and cost-effective
way
providing for support and advocacy for workers in the energy
industry and communities affected by the increased generation of
electricity from renewable energy sources.
How the purposes are to be achieved
The Bill states these purposes will primarily be achieved
by:
setting renewable energy targets for electricity generation in
Queensland as:
50% by 2030
70% by 2032
80% by 2035
the Minister preparing a public ownership strategy setting out
the following targets:
100% ownership of transmission and distribution assets
100% ownership of deep storage assets (defined as pumped hydro
storage with a generation capacity of at least 1500MW)
a target equal to or more than 54% ownership of generation
assets
providing for the identification and construction of priority
transmission investments by introducing a statutory mandate for the
Minister to develop an infrastructure blueprint to identify and
plan significant electricity and infrastructure projects
providing for:
the declaration of renewable energy zones
the development and operation of transmission networks in
renewable energy zones
coordinated and streamlined connection and access to
transmission networks in renewable energy zones
establishing the Job Security Guarantee Fund for employees and
contractors at publicly owned coal-fired power stations and other
prescribed facilities to provide training for, or access to,
employment opportunities and other benefits as a result of changes
in operations
establishing the:
the Queensland Energy System Advisory Board to, among other
things:
prepare an annual progress statement
provide advice, or make recommendations, to the Minister
the Energy Industry Council to undertake consultation and
provide advice to the Minister
the Queensland Renewable Energy Jobs Advocate to, among other
things:
provide advice to the Minister
carry out research
consult with businesses and other entities.
Feedback to Committee
Over the submission period, which ended on 10 January 2024, the
Committee received 48 submissions from a wide range of entities,
including the Australian Sugar Milling Council, the Climate Council
of Australia and the Australian Law Society. The submissions raised
a number of significant concerns, including the following.
The Bill allows Powerlink and the Queensland Government to make
significant investment decisions. However, the new framework does
not deliver transparency and rigour to scrutinise these
decisions.
Once an area is declared a renewable energy zone, the changes
give unrestricted rights to power utilities and the Minister to
infringe upon property rights by giving privately owned energy
projects the ability to access the transmission network via
compulsory land acquisition.
Communities will suffer under this plan, with the majority of
job retention being met through relocation packages. This would see
the populations of affected communities in Queensland decline,
impacting on Council revenues, school enrolments, funding and
quality of education, and sporting and social clubs’
viabilities.
There has been a lack of consideration on the potential impact
on energy prices and affordability for consumers, particularly
low-income households. The changes will disproportionately increase
energy costs and increase the cost of living.
The social impact on communities, including visual impacts,
traffic disruptions, continuous noise and environmental destruction
has not had enough consideration.
The Bill specifically excludes certain communities and workers
by limiting the scope only to ‘workers in Queensland’s
publicly owned coal-fired power stations’ and ensuring that
only those workers have ‘a secure future, choices, and clear
employment pathways and opportunities’. By excluding the supply
chain from the definition of affected energy workers, the Bill
creates a disenfranchised and unsupported section of the coal
mining workforce.
The renewable energy targets in the Bill are still not
consistent with a path to limit global warming to 1.5°
In the Explanatory Notes, the Bill seems to acknowledge the
potential breach of fundamental legislative principles and that
this might be inconsistent with the Legislative Standards Act
1992 (Qld), but then seeks to justify the potential breach on
the basis that it is administratively inconvenient to return to
Parliament to amend it, including to update key definitions or
standards.
Committee report
The Committee’s report on the Bill is due on 1 March 2024.
It will be interesting to see what recommendations are made to
respond (or not) to the significant concerns from the diverse and
wide-ranging submissions. We will keep you informed of the changes
as they develop.
©
Cooper Grace Ward Lawyers
Cooper Grace Ward is a leading Australian law firm based in
Brisbane.
This publication is for information only and is not legal
advice. You should obtain advice that is specific to your
circumstances and not rely on this publication as legal advice. If
there are any issues you would like us to advise you on arising
from this publication, please contact Cooper Grace Ward
Lawyers.
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