Wind Farm Code
The Queensland Government is currently reviewing proposed amendments to State code 23: Wind farm development (Code) and its accompanying Planning guidance: State code 23: Wind farm Development (Guideline).
The Code provides the benchmarks for the assessment of wind farm developments in Queensland. The Guideline assists developers in preparing development applications that respond to the assessment benchmarks set out in the Code. These assessment benchmarks are applied by the State Assessment and Referral Agency in determining the outcome of development applications.
Review of the Code and Guideline
The review of the Code and Guideline will take into account the feedback from stakeholders. Some stakeholders indicated that Australian renewable energy projects would be at risk if the renewables sector does not do more to secure community support.
The key proposed amendments to the Code and Guideline include:
Placing performance outcomes for biodiversity front and centre by:
- protecting areas of high environmental value;
- introducing a strong onus to avoid impacts and if unavoidable ensure impacts are minimised and mitigated - dovetailing the proposed reforms to Federal legislation under the Nature Positive Plan; and
- including more explicit protections for flora and fauna.
Addressing erosion risk by:
- ensuring that wind farm developments avoid areas of high erosion risk; and
- implementing rigorous erosion controls and management during construction.
Addressing traffic and transport requirements by:
- requiring proponents to identify viable haulage routes upfront; and
- increasing engagement with local government and the Department of Transport and Main Roads to improve road infrastructure that is not up to scratch to transport heavy vehicles.
Strengthening acoustic criteria by:
- bringing acoustic criteria into line with current best practice approaches; and
- requiring proponents to show evidence of compliance with the Code.
Strengthening rehabilitation requirements and expectations by:
- requiring proponents to explain and justify both the constructions and operations footprint; and
- requiring the larger temporary construction footprint to be rehabilitated.
Circumventing impact assessable material change of use for onsite accommodation by introducing an accommodations option assessment under the Code (for more than 50 beds) provided proponents:
- establish that there are no adverse impacts on communities and townships;
- consult with local governments.
Outstanding issues not addressed by the reforms
Stakeholders have raised the following matters which have not been addressed by the Code reforms and are opportunities for further improvement:
- current erosion compliance technology is not up to scratch. Ensure compliance with additional erosion control requirements as devices fail regularly;
- overhead transmission structures still remain outside of the scope of the Code;
- temporary concrete batching plants still remain outside the scope of the Code; and
- updates are still required to the Significant Residual Impact Guidelines.
The review was open for public consultation until September 4, 2023. The Queensland Government is reviewing consultation comments and revising the draft Code and Guideline. It is expected that the finalised Code and Guidelines will be published by early 2024.
MinterEllison's Brisbane Environment and Planning team has extensive experience with the Queensland planning framework for wind farm developments. We can help current and future stakeholders navigate the regulatory framework applying to these projects and to seize an array of development and investment opportunities the renewables sector presents.
