Key takeaways
There is greater emphasis in the revised Wind Farm Code on ecological protection and for managing the environmental and construction impacts of wind farms.
There are no longer any acceptable outcomes in the revised Wind Farm Code such that proposed wind farm development must now achieve compliance with all the performance outcomes, or satisfy the SARA that the proposed development complies with the purpose statement in the Wind Farm Code.
A new Planning Guideline offers guidance how to meet the updated purpose and performance outcomes of the revised Wind Farm Code, together with information on how to develop project layouts, what application material is required and the preparation of technical reports.
The State Development Assessment Provisions (SDAP) Version 3.1 dated 17 September 2024 was published and took effect on 30 September 2024. It contains a revised State code 23: Wind Farm Development (Wind Farm Code).
The SDAP provide assessment benchmarks for the assessment of development applications involving the State Assessment and Referral Agency (SARA). The revised Wind Farm Code will apply to development applications made under the Planning Act 2016 seeking approval for a material change of use for “wind farm” development.1
A Planning guideline with respect to the revised Wind Farm Code was also published in September 2024. This guideline is said to assist applicants in preparing development applications for new wind farms or changes to existing approvals. It contains detailed methodologies for the following technical assessments:
- Ecological assessment report
- Bird and bat methodologies in an ecological assessment report
- Noise impact assessment and noise monitoring
- Electromagnetic interference impact assessment
- Shadow flicker assessment.
The review of State Codes and planning framework in respect of renewables is a principal component of the Queensland Governments strategy to facilitate growth in the renewable energy sector.2
A draft of the Wind Farm Code and guideline was released for public consultation in August 2023. Amendments are said to strengthen protections for communities and the environment, while creating certainty and clarity for the industry.3
The revised Wind Farm Code expands upon the purpose statement and the performance outcomes for a wind farm development in Queensland. The revised Wind Farm Code introduces clearer benchmarks for managing the environmental and construction impacts of wind farms and includes a further 7 matters in the purpose statement and 10 additional performance outcomes.
Significantly, the acceptable outcome with respect to acoustic amenity (i.e. achieving the specified separation distance or with written agreement) has been removed so that proposed wind farm development must now achieve compliance with all the performance outcomes, or satisfy the SARA that the proposed development complies with the purpose statement in the Wind Farm Code.
Key changes
Key changes in the revised Wind Farm Code include:
- The increased focus on the protection of the environment is evident from the introduction of an additional purpose statement and performance outcomes associated with protected wildlife and areas of high ecological value (see PO1-PO3).
- New PO4 requires the progressive rehabilitation of areas cleared for the construction of the wind farm.
- The performance outcomes relating to protecting water quality have been fleshed out to include matters of erosion control (see PO6-PO8).
- There are new performance outcomes relating to natural hazards and extreme weather events (see PO9 and PO10), workforce accommodation impacts (PO15) and decommissioning (PO23).
- The performance outcomes relating to acoustic amenity (PO11 and PO12) have been amended through changes to the criteria tables. Including to adjust the definition of the outdoor (free-field) night time from ‘10pm to 6am’ to ‘8pm to 6am’.
- The performance outcomes with respect to electromagnetic interference (PO13) and shadow flicker (PO14) have been simplified with more detail being contained in the Guideline.
- There are additional performance outcomes relating to transport networks (see PO17-PO20), including to ensure that there are necessary upgrades to the existing transport network to guarantee the network can support construction activities and ongoing maintenance.
The revised Wind Farm Code will apply to development applications or change applications made on, and from 30 September 2024. Applications made prior to 30 September 2024 may also be impacted by the changes should SARA decide to give weight to the new Wind Farm Code in undertaking its assessment.
Detailed information about how to meet the purpose and performance outcomes of the revised Wind Farm Code are set out in the Guideline, together with information on how to develop project layouts, what application material is required and the preparation of technical reports.
It is important to note that compliance with the Guideline will not necessarily guarantee a favourable assessment outcome. HopgoodGanim can readily assist a wind farm project team in relation to the preparation of an application addressing the Wind Farm Code and how an application might be assessed and conditioned.
We're ready to assist
References
1. Wind farm is defined in Schedule 24 of the Planning Regulation 2017
2. The State of Queensland (Department of Energy and Climate), Queensland Renewable Energy Zone Roadmap (March 2024).
3. The State of Queensland (Department of Housing, Local Government, Planning and Public Works), Changes to State code 23: Wind farm development and the associated Planning Guidance (Web Page, 1 October 2024)