First stage of Queensland windfarm planning amendments comes into effect

The reforms have, however, been criticised by some energy sector participants for increasing the timeframes for assessing wind farm projects and for the absence of any consultation with the energy sector.

The Queensland government’s changes to the Planning Act 2016 (Qld) (Planning Act) make all new development applications to authorise a ‘material change of use’ for a new wind farm impact assessable.

All new applications and ‘other change’ modifications for wind farm projects will now be subject to public notification and submission rights to ensure the community are formally heard in the planning process and enable community members who have made submissions to appeal to the Planning and Environment Court if they consider that development approval should be refused based on the impacts of a project.

Kirstie Richards, an expert in environmental and planning law at Pinsent Masons, said: “It is important that the proponents of new QLD wind farms update their approval strategy and timelines to address the additional social and agricultural assessments now required for QLD wind farms and to reflect the possibility of merit appeals to minimise the approval risks arising from the reforms.”

Previously, development applications for wind farms were able to be assessed as code assessable under the Planning Act provided that all wind turbines were located at least 1500 metres from any houses or other sensitive locations, or the owners of the house or sensitive use agreed with the wind farm to reduced setbacks.

This meant that wind farms could be assessed within six months, and while wind farm developers typically carried out extensive community consultation, there was no formal requirement for submissions by the community to be considered and no rights for community members to bring merits appeals based on the impacts of a project.

The Crisafulli government, ahead of the 2024 election, promised to reform the planning process to ensure that community and local government were able to make submissions and lodge appeals for renewable energy projects.

The current reforms only apply to wind farm projects, but it is expected that a similar approach will be implemented for solar farms in the future.

Florence Riviere, an expert in environmental law at Pinsent Masons, said: “While the reforms will bring Queensland into conformity with the general approach to wind farm assessment, community engagement and appeal rights which apply to wind farm projects in most other Australian States and Territories, they will cause some delays to new wind farm projects and the clean energy transition.”

“This contrasts markedly with the approach being taken in some other jurisdictions, such as Victoria which, in March last year, amended the Victorian regime to enable all new large scale renewable projects in Victoria to be treated as significant economic development, making them eligible for an accelerated development facilitation pathway by removing the planning panel process and third-party merit appeals,” she said.   

The reforms have now mandated that all new wind farm applications and modifications to an approved wind farm project will be subject to public notification requirements and must allow for formal submissions on the project, and allowed for community members who have made submissions to appeal to the Planning and Environment Court if development approval is granted for the project.

As part of the reforms, the Queensland government has also amended State Code 23: Wind Farm development to clarify that its purpose includes ensuring wind farm projects meet minimum assessment requirements to demonstrate that impacts have been mitigated, that no unacceptable adverse impacts on individuals, communities and the environment arise and to ensure that community and local government engagement is considered in the assessment.

The amendments also introduce new performance outcomes, including requiring applicants to demonstrate the proposal does not create a significant loss of high-quality agricultural land values, that the impacts to off-site workforce accommodation on surrounding communities and townships are managed, that  impacts on social infrastructure, communications networks and essential infrastructure are managed, mitigated and remediated, that adverse social impacts on community will be avoided, and requiring security mechanisms to ensure compliance with decommissioning plans.

The Queensland government has also released updated planning guidance (PDF 63-PAGE / 4.49MB) detailing the level of assessment required for wind farms, including for each of these new performance outcomes.

Co-written by Georgia Cassidy of Pinsent Masons.