Powering the transition: Hamilton Locke’s Australian chapter lands in Lexology’s In-Depth Renewable Energy Law publication

Hamilton Locke’s New Energy team has contributed the Australian chapter to the ninth edition of Lexology’s In-Depth: Renewable Energy Law, a leading international publication providing jurisdiction-by-jurisdiction analysis of the laws, policies and market conditions shaping renewable energy development around the world.

From shifting investment patterns to wide-ranging regulatory reform, our chapter unpacks the forces reshaping Australia’s energy transition. Here is what you need to know:

No. Topic Key Takeaways
1. Market overview
  1. Renewables accounted for 42.7 per cent of total electricity generation in 2025, exceeding fossil fuels in the final quarter for the first time.
  2. Only 2.3GW of new large-scale generation capacity reached financial close, reflecting rising costs, regulatory bottlenecks, and slow transmission delivery.
  3. However, 9.1GW of new generation and storage reached full output in FY2025-26 – more than double the prior year.
  4. A record 75.4GW of capacity sat stranded in the grid connection pipeline as at June 2026, marking a clear sign that connection has not kept pace with the volume of projects seeking to connect.
2. Policy & regulatory

 

  1. The CIS transitioned to a one-stage tender process, reducing assessment periods from approximately nine to six months.
  2. In 2026, five further tenders have been announced, with Tenders 9 and 10 already open, and from Tender 9 a dedicated First Nations equity and revenue sharing set-aside has been introduced.
  3. The Hydrogen Production Tax Incentive passed the Senate in February 2025, offering eligible renewable hydrogen producers a refundable tax offset of A$2 per kilogram for production between 1 July 2027 and 30 June 2040.
  4. The Guarantee of Origin Scheme has expanded to cover biogas, biomethane, and additional hydrogen production pathways following the approval of the first REGO certificates in April 2026.
  5. The 2026-27 Budget withdrew A$1.3 billion in uncommitted ARENA funding from programs focused on solar manufacturing, battery manufacturing, and renewable hydrogen.
3. Financing

 

  1. Financial commitments for new utility-scale renewable generation fell by approximately 46 per cent year-on-year to A$4.4 billion in FY2025-26.
  2. Large-scale battery investment reached a record 4.3GW of new capacity worth A$4.8 billion, up 10 per cent on the prior year.
  3. In FY2025-26, the CEFC committed a record A$9.1 billion across 45 new and follow-on transactions, bringing its lifetime investment commitments to A$27.1 billion.
  4. Corporate PPA volumes fell to approximately 1.3GW in 2025 as LGC prices collapsed from approximately A$30 to A$6.50.
4. Batteries & storage

 

  1. Total installed large-scale battery storage exceeded 8,000MW by end of Q1 2026, more than doubling total installed NEM battery capacity within 12 months.
  2. 2GW of new large-scale battery capacity was commissioned in FY2025-26 – a 233 per cent increase year-on-year – making Australia the third-largest utility-scale battery market globally.
  3. Battery storage set prices in 32 per cent of NEM trading intervals during Q1 2026, displacing hydro as the most frequent price-setting technology.
  4. Australia’s first 8-hour battery system commenced full operations in May 2026.
5. Rooftop solar & distributed energy resources (DER)
  1. Rooftop solar and household batteries together supplied a record 46.5 per cent of NEM electricity in Q1 2026, peaking at 92.2 per cent on 1 January 2026.
  2. From April 2026, A$50 million in incentives was made available ahead of virtual power plants and aggregated batteries competing directly in the wholesale market from May 2027.
  3. By end of 2025, Australia’s cumulative rooftop solar capacity reached 28.3GW across 4.3 million installations, surpassing the capacity of the entire coal fleet for the first time.
  4. Total home battery installations reached 454,753, with 268,675 units installed in 2025 alone.
6. M&A

 

  1. The M&A landscape continued to reflect a bifurcation between an exceptionally strong battery storage market and more subdued large-scale generation activity.
  2. Australia’s merger reforms, commencing 1 January 2026, introduced mandatory, suspensory ACCC clearance for acquisitions above defined thresholds, adding complexity and extending pre-completion timelines.
  3. In May 2026, NSW introduced legislation requiring mandatory decommissioning plans and financial security for large-scale solar and wind projects.
  4. Wind construction costs have nearly tripled to approximately A$4 million per MW, leaving an increasing number of wind projects in financial and operational distress and creating acquisition opportunities for well-capitalised investors.
7. Environmental framework
  1. The National Environmental Protection Agency (NEPA) and Environment Information Australia commenced on 1 July 2026, following a suite of EPBC reform bills passed by Parliament on 28 November 2025 – the most significant proposed overhaul of Australia’s environmental laws in over 25 years.
  2. The NEPA’s full enforcement powers, including stop-work orders and penalties of up to A$825 million, are expected to follow in August to September 2026.
  3. Remaining reforms, including streamlined assessment pathways for renewable energy projects, are expected to take effect on or before 1 December 2026.
8. Outlook

 

  1. AEMO’s 2026 Integrated System Plan confirms Australia’s 82 per cent renewable electricity target by 2030 remains achievable under its least-cost Optimal Development Path, with renewables projected to reach 98 per cent by 2050.
  2. Achieving the 82 per cent target requires approximately 38GW of new grid-scale solar and wind capacity in the NEM by 2030.
  3. EnergyConnect – Australia’s largest transmission project, comprising a 900km interconnector linking NSW, Victoria and South Australia – completed construction of its 700km NSW section and commenced energisation in June 2026.
  4. Large data centres are emerging as a significant source of new electricity demand, with AEMO and the AEMC commencing work on regulatory frameworks to manage their NEM integration.
  5. A projected shortage of 42,000 skilled energy workers by 2030 is already delaying construction and risks becoming one of the most significant constraints on Australia’s clean energy transition.

 

You can access our contribution and the full international publication through this link, which provides 30 days of complimentary access.


The Hamilton Locke team advises across the energy project life cycle – from project development, grid connection, financing, and construction, including the buying and selling of development and operating projects. For more information, please contact Matt Baumgurtel.