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Mission impossible? Teresa Ribera’s mission letter and the future of EU merger review
Executive Vice President Vestager’s momentous tenure as Commissioner responsible for EU competition policy is nearing its end.
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Australia | Publication | October 2024
This article was authored in collaboration with Sophia Dikolli.
Australia’s energy narrative is sounding a whole lot greener, as Western Australia’s Pilbara region unlocks new clean energy pathways on Australia’s road to net zero.
The Western Australian Government (WA Government) has been working to ensure it meets the national goal of achieving net zero carbon emissions by 2050. As part of this effort, WA is supporting decarbonisation in the Pilbara region, the globally significant mineral and energy resource hub of North West WA.
Western Australia is currently Australia’s most fossil fuel dependent economic region.1 The Pilbara accounts for more than 40% of WA’s emissions,2 with renewable energy accounting for less than 2% of the region’s total energy supply.3 However, the Pilbara’s green potential is finally being realised. Recently, the WA Government approved the Pilbara Energy Transition Plan (PET Plan). The PET Plan aims to transform the Pilbara into a renewable powerhouse by connecting major demand centres to the best wind, solar and storage resources. It establishes four priority common use infrastructure (CUI) corridors (two in the West Pilbara, and two in the East Pilbara).4
The PET Plan presents vast green opportunities for key stakeholders in the mining and energy resource industry and is likely to drive economic prosperity during the energy transition. In this article we identify the PET Plan’s key aspects and objectives, and next steps for project proponents, as well as the impact the plan will have on key stakeholders.
The Pilbara Industry Roundtable (the Pilbara Roundtable) which comprises key industry stakeholders and Government, is the driver behind the PET Plan’s implementation.5 The Pilbara Roundtable process commenced in August 2022, and was established to ‘discuss the unique opportunities and challenges for clean energy transformation in the Pilbara’.6 The Pilbara Roundtable was a catalyst for the PET Plan’s development, with its members coming to an agreement to implement CUI in the region after preparing future modelling and assessing the current framework.7
The PET Plan, led by Energy Policy WA (EPWA), will facilitate the development of the four CUI corridors which are intended to reduce environmental impact and enhance a strong, more interconnected electricity network.8 The PET Plan’s objectives include, accelerating decarbonisation through CUI, providing energy security through a diverse mix of renewables, driving private investment, and ensuring collaboration with Traditional Owners and local communities.9 It follows the recommendations made in the Climate Energy Finance’s 2024 Superpowering-Up report (CEF Report), which included developing a single CUI grid infrastructure plan in the Pilbara; working with the Pilbara Roundtable to identify CUI projects and unlock $3 billion of concessional finance from the Federal Government’s Rewiring the Nation (RTN) program; centring social licence and First Nations participation; and prioritising WA’s Pilbara region for strategic national-interest public investment.10
In the West Pilbara:
In the East Pilbara:
Image: Pilbara Energy Transition network modelling taken from DEMIRS Pilbara Energy Transition Request for Expressions of Interest for Priority Projects: Application Guidelines |
In mid-September, the WA Government launched an Expression of Interest (EOI) process, inviting project proponents to apply for Priority Project status for one or more of the four CUI corridors.15 Project proponents will only be awarded Priority Project status if they meet the eligibility criteria and the WA Government’s objectives prescribed under the assessment criteria, which require that the project: seeks to provide transmission infrastructure to service a priority corridor; is supported by the proponent’s organisation (and that support is evidenced); supports decarbonising the Pilbara; delivers or commits to deliver positive outcomes for Traditional Owners and the community; provides CUI; and ensures timely delivery and progress.16 Proponents who are awarded Project Priority status will then be invited to negotiate a Corridor Development Agreement with a State entity, and will receive a recommendation from WA Government to the Clean Energy Finance Corporation (CEFC), for the project to access finance from the RTN program.17
Those who have been awarded Project Priority status under the PET Plan will be able to access and benefit from the Rewiring the Nation (RTN) program including, potentially accessing funds.18 In August 2023, the Federal and WA Governments signed the RTN agreement to strengthen the state’s energy security by expanding and modernising electricity grids, including the North West Pilbara.19 The effect of the agreement is that the CEFC, partnered with the Federal Government will act as a ‘green bank’,20 providing $3 billion dollars through the RTN program by way of concessional loans (i.e. with below-market interest rates and sometimes grace periods) and equity investments.21 The RTN program intends to support new infrastructure and upgrades to WA’s electricity grids, including the Pilbara’s North West Interconnected System (NWIS).22 It is an additional initiative to the Pilbara Roundtable and subsequent PET Plan, which in conjunction, will aid economic development and accelerate decarbonisation in the Pilbara.23
The social licence to operate, has been, and will continue to be crucial for Australia’s decarbonisation, and the proposed priority projects under the PET Plan.24 The Pilbara holds archaeological and cultural significance, and is where one of the world’s greatest and most diverse rock art works is located.25 Relevant to the PET Plan, the Burrup SIA, located on the Murujuga peninsula, (which is part of the Burrup (Murujuga) Corridor), is a sacred place which exhibits thousands of ancient petroglyphs.26 Currently, 33 Traditional Owner groups are impacted by the PET Plan.27
The PET Plan signals Traditional Owner and local community participation as a priority. It does so through its objective to support Traditional Owners, their members, and communities to participate in the energy transition, to ensure meaningful and lasting benefits from the energy transition.28 Proponents can also only receive Project Priority status if they can demonstrate such commitment. It is therefore crucial that proponents ensure they design projects with minimal disturbance to Country and continue to engage with Traditional Owners directly impacted by their project (including in the design and development, during and after the project), to establish meaningful and shared benefits.29 These commitments follow from the Pilbara Roundtable’s agreement that all ‘electricity infrastructure development should support rights to self-determination and empower Aboriginal people to realise opportunities from the clean energy transformation’.30 The WA Government has already been consulting with Traditional Owners regarding the Burrup (Murujuga) Corridor, following concerns that the capacity of the line would lead to future duplication, and is addressing these concerns by seeking to increase the capacity of the project in collaboration with Traditional Owners and industry.31
Employment security is at the top of the minds of policy makers, and projects such as those under the PET Plan are expected to unlock new business and job opportunities in the Pilbara. The PET Plan aims to create new local job opportunities on the Burrup Peninsula, while simultaneously meeting the demand for renewable and reliable energy, and boosting economic growth.32 Relatedly, the RTN program is also expected to create new jobs in energy, mining and manufacturing industries, support approximately 1,800 construction jobs, and lead to the development of further projects in WA.33 Ensuring that people in the mining industry will continue to have job security during the energy transition and decarbonisation of the Pilbara is essential to sustaining economic growth, and empowering regional communities.
The Pilbara is the world’s biggest iron ore mining region, and a leading global producer and exporter of iron ore, which is Australia’s top export commodity by both in volume and earnings.34
According to the CEF Report, a single CUI in the Pilbara is the key to accelerating decarbonisation and unlocking more than $50-100 billion worth of new investment in ‘renewable energy generation and firming, grid transmission and value-added refining of critical minerals, strategic metals and energy transition materials’.35 Iron ore represents approximately 55% of metal and mineral exports.36 Between 2022-23, Australia earned $124 billion in revenue from 895 million tonnes worth of iron ore exports. With the new opportunities emerging from the PET Plan, Australia can redefine itself as a green exports superpower, with the potential to double its iron ore exports to $250 billion per annum by producing green iron.37
The CEF Report sees this opportunity as once in a century. Australia’s largest resource trading partner, China, is the world’s largest iron ore importer. Over the past 3 decades, Australia has exported over 13.9 billion tonnes of iron ore, making more than $1.35 trillion in export revenue.38 China is yet to lead on the green iron front, presenting an opportunity for Australia to act on this potential. This potential can only be realised if Australia acts quickly to decarbonise its mining industry, while prioritising key trade partnerships, to avoid missing out on pivotal export opportunities.39
For many decades, the Pilbara region has driven WA’s economic prosperity using traditional energy sources. However, as the Smart Energy Council points out, we can no longer continue down the ‘dwindling fossil fuel pathway’. The PET Plan is the path forward for WA to fulfill its potential as a ‘renewable and critical minerals superpower’ and bolster its economic growth.40 Stakeholders in the industry should act quickly to seize important investment and green export opportunities under the PET Plan.
Renew Economy, Australia’s most fossil dependent economy opens up to renewable energy highways (Web Page, 16 September 2024) (‘Renew Economy Article’) [https://reneweconomy.com.au/australias-most-fossil-dependent-economy-opens-up-to-renewable-energy-highways/].
Government of Western Australia, Pilbara Energy Transition Plan (Web Page, 16 September 2024) (‘Pilbara Energy Transition Plan’) [https://www.wa.gov.au/organisation/energy-policy-wa/pilbara-energy-transition-plan].
Renew Economy Article [https://reneweconomy.com.au/australias-most-fossil-dependent-economy-opens-up-to-renewable-energy-highways/].
Renew Economy Article [https://reneweconomy.com.au/australias-most-fossil-dependent-economy-opens-up-to-renewable-energy-highways/].
‘Pilbara Industry Roundtable Communique’ (Media Release, Pilbara Roundtable, 26 July 2023) pg 2 (‘Pilbara Roundtable Media Release’) *[https://www.wa.gov.au/media/40187/download?inline].
Pilbara Roundtable Media Release pg 3 [https://www.wa.gov.au/media/40187/download?inline]; Western Australia, Parliamentary Debates, Legislative Assembly, 10 August 2023, Hon. William (Bill) Joseph Johnston MLA, Minister for Energy) (Pilbara Roundtable Hansard) [https://www.parliament.wa.gov.au/Hansard/hansard.nsf/0/d3b7424651fd572f48258a0c00228dc1/$FILE/A41%20S1%2020230810%20p3645b-3645b.pdf].
Daily Cargo News, Pilbara industry players agree on clean energy development (Web Page, 2 August 2023) [https://www.thedcn.com.au/news/ports/pilbara-industry-players-agree-on-clean-energy-development/].
See Department of Energy, Mines, Industry Regulation and Safety Energy Policy WA, Pilbara Energy Transition Request for Expressions of Interest for Priority Projects Application Guidelines, (Guidelines, 13 September 20) (‘EOI Guidelines’) [https://www.wa.gov.au/media/49696/download?inline].
Pilbara Energy Transition Plan [https://www.wa.gov.au/organisation/energy-policy-wa/pilbara-energy-transition-plan].
See Climate Energy Finance, SUPERPOWERING-UP: Accelerating the electrification & decarbonisation of the Pilbara is key to unlocking Australia’s green export ambitions (Report, 13 August 2024) (‘CEF Report’) [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
EOI Guidelines pg 7-8 [https://www.wa.gov.au/media/49696/download?inline].
EOI Guidelines pg 8 [https://www.wa.gov.au/media/49696/download?inline].
EOI Guidelines pg 9 [https://www.wa.gov.au/media/49696/download?inline].
EOI Guidelines pg 9 [https://www.wa.gov.au/media/49696/download?inline].
Government of Western Australia, Designated Priority Corridors (Web Page, 17 September 2024) [https://www.wa.gov.au/organisation/energy-policy-wa/designated-priority-corridors].
EOI Guidelines pg 11-16 [https://www.wa.gov.au/media/49696/download?inline].
EOI Guidelines pg 2 [https://www.wa.gov.au/media/49696/download?inline].
Energy Magazine, Pilbara transmission line progresses (Web Page, 12 August 2024) (‘Energy Magazine Article’) [https://www.energymagazine.com.au/pilbara-transmission-line-progresses/].
Government of Western Australia, Joint media statement - $3 billion Rewiring the Nation deal to power WA jobs and growth (Web Page, 29 August 2023) (‘WA Government Media Statement’) [https://www.wa.gov.au/government/media-statements/Cook%20Labor%20Government/Joint-media-statement---$3-billion-Rewiring-the-Nation-deal-to-power-WA-jobs-and-growth--20230829].
CEF Report pg 63 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
CEF Report pg 62 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
WA Government Media Statement [https://www.wa.gov.au/government/media-statements/Cook%20Labor%20Government/Joint-media-statement---$3-billion-Rewiring-the-Nation-deal-to-power-WA-jobs-and-growth--20230829].
WA Government Media Statement [https://www.wa.gov.au/government/media-statements/Cook%20Labor%20Government/Joint-media-statement---$3-billion-Rewiring-the-Nation-deal-to-power-WA-jobs-and-growth--20230829].
CEF Report pg 31 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
Pilbara Energy Transition Plan [https://www.wa.gov.au/organisation/energy-policy-wa/pilbara-energy-transition-plan].
EOI Guidelines pg 7 [https://www.wa.gov.au/media/49696/download?inline].
Department of Energy, Mines, Industry Regulation and Safety Energy Policy WA, Pilbara Energy Transition Roundtable meeting 2 Port Hedland (Presentation, 13 September 2024) pg 21 [https://www.wa.gov.au/system/files/2024-09/prt-slides-13sept24-2.pdf].
Pilbara Energy Transition Plan [https://www.wa.gov.au/organisation/energy-policy-wa/pilbara-energy-transition-plan].
EOI Guidelines pg 13 [https://www.wa.gov.au/media/49696/download?inline].
Pilbara Roundtable Hansard pg 1 [https://www.parliament.wa.gov.au/Hansard/hansard.nsf/0/d3b7424651fd572f48258a0c00228dc1/$FILE/A41%20S1%2020230810%20p3645b-3645b.pdf].
Energy Magazine Article [https://www.energymagazine.com.au/pilbara-transmission-line-progresses/].
WA Government Media Statement [https://www.wa.gov.au/government/media-statements/Cook%20Labor%20Government/Joint-media-statement---$3-billion-Rewiring-the-Nation-deal-to-power-WA-jobs-and-growth--20230829].
CEF Report pg 9, 15 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
CEF Report pg 9 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
CEF Report pg 15 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
CEF Report pg 9 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
CEF Report pg 15 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
CEF Report pg 10 [https://climateenergyfinance.org/wp-content/uploads/2024/08/CEF_FINAL_Pilbara-Electrification-Report_13Aug2024.pdf].
Smart Energy Council, Powering Western Australia’s Future (Report, 14 August 2024) pg 2 [https://smartenergy.org.au/wp-content/uploads/2024/08/SEC-WA-Policy-Asks-2024_1.pdf].
Publication
Executive Vice President Vestager’s momentous tenure as Commissioner responsible for EU competition policy is nearing its end.
Publication
On November 28, 2023, the European Commission (EC) adopted its first list of Projects of Common Interest (PCIs), i.e., projects within the EU territory, and Projects of Mutual Interest (PMIs), i.e., projects connecting the EU with other countries, including 166 projects implementing the European Green Deal.
Publication
On 10 October 2024, the UK government published its long awaited response (the Response) to its January 2024 consultation on “Designing a policy framework to enable investment in long duration electricity storage” (the Consultation).
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