![Better guidelines are required around who can provide legal advice to farmers on renewable energy project negotiation, says Lucy Knight. Better guidelines are required around who can provide legal advice to farmers on renewable energy project negotiation, says Lucy Knight.](/images/transform/v1/crop/frm/6PrrPicrXL4mBQz5vb3kqV/1ca68d91-c1c6-46ab-a097-966f4d9bb566.jpg/r0_404_2763_2089_w1200_h678_fmax.jpg)
THE tangled, complex labyrinth that is a renewable energy project negotiation is surely what was in mind when song writers for nineties rock band, The Cruel Sea, penned the words "You better get a lawyer son; you better get a real good one".
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But based on the level of regret among so many rural landholders who have had poor outcomes from renewable energy projects, it is obvious there is a general problem with poor legal advice in the renewable space.
There is also an urgent need for stronger guidelines about who can work in what should really be deemed a specialist field.
This is a new game with new rules, but quality legal advice for farmers negotiating renewables contracts has become a systemic challenge.
Renewable energy developments contain a raft of different easement contracts, options and access agreements within each project, as well as involving high-level commercial, compensation and construction matters.
The lawyers engaged need an intricate knowledge of just terms compensation, land tenure and associated structures, and perhaps most importantly, should possess commercial negotiation skills to help broker a deal between landowners and proponents.
In recent years, most lawyers working on land access agreements have, by default, effectively become the lead negotiator on major renewable energy projects in rural areas.
I'll qualify that there are great lawyers working in this space, especially in regional areas where they understand farming issues.
These are the lawyers highlighting problems and pitfalls in contracts and helping maximise compensation.
But they are not easy to find.
Just because your family lawyer has helped you with your wills or conveyancing matters doesn't necessarily mean they have the knowledge to help negotiate a powerline easement or solar farm development.
The legal industry, as well as farm sector and government, must push for stronger guidelines about what lawyers need to know before they can work in this space.
Farmers and the broader farm sector are too often being disadvantaged by poor legal advice.
They are left dealing with the financial hangover of poorly negotiated agreements which then rob them and their family of long-term security, rather than provide for it.
Poor advice and perverse outcomes which leave farmers worse off should be grounds for negligence, requiring stronger disciplinary action from the legal profession and those who insure lawyers for liability.
There is undoubtedly a case for increased government funding for education and university courses to help skill-up country lawyers.
Recently retired energy infrastructure commissioner, Andrew Dyer, arranged workshops for regional lawyers last year, identifying the knowledge gaps in the profession so crucial to farmers as they work through these major land access matters.
Government funding for more of these would be a good start, while funding for specialised training and degrees would be ideal.
As the renewable energy transition pushes through country Australia, fair and equitable treatment of farmers should extend to ensuring they are getting access to the right legal advice.
- By Lucy Knight, a woolgrower from the NSW Southern Tablelands and a former Press Gallery journalist.