Key takeaways
The Draft Renewables Regulatory Framework sets out current and proposed initiatives in renewable energy regulation.
Initiatives in the Discussion Paper include a more comprehensive review of the planning framework for renewables, enhanced community participation and exploring project notification requirements.
The Government is creating a mandatory Code of Conduct for renewable energy developers.
The Queensland Government has been consulting on the regulatory framework for renewable energy, with an emphasis on ensuring that energy infrastructure is developed responsibly and supports strong, sustainable energy communities across regional Queensland.
Discussion Paper
The Draft Renewables Regulatory Framework (Framework) sets out current and proposed initiatives in renewable energy regulation. A Discussion Paper was originally released on 30 September 2024, the day before the Miles Government went into caretaker mode. The new Crisafulli Government released an updated Discussion Paper in December 2024, with minor amendments, and extended the period for public consultation until 1 February 2025.
The Framework identifies initiatives in five key areas: enhanced environmental outcomes; effective community participation; easy access to information; ensuring landholder protections; and efficient industry facilitation.
We have set out some of the most significant initiatives proposed under the Framework below.
Improving environmental assessments
A key focus of Government policy is ensuing that assessments for renewable energy projects follow a structured process to evaluate the potential environmental, social, and economic impacts.
The Discussion Paper notes the previous review of the Wind Code, and the updates that took effect from 30 September 2024. It proposes a phase two review of the planning framework, with an emphasis on protecting communities and the environment, including exploring giving the Department of Environment, Tourism, Science and Innovation an expanded role in assessing renewable energy projects.
Not mentioned in the Discussion Paper (but relevant to understanding how the planning framework may be updated) is that one of the key deliverables in the Premier’s Charter Letter to the Planning Minister (the Deputy Premier), is to “amend laws to ensure renewable energy projects are impact assessable with approval processes consistent with other land uses like mining and agriculture.”
Strategic planning
The Framework promotes strategic land use planning to balance the demand for renewable energy against other land interests and the need for environmental conservation. This will be guided by statutory regional plans, and the Government has committed to reviewing all plans that are older than five years.
Other initiatives set out in the Discussion Paper include undertaking proactive planning and investigating strategic advanced offsets in REZs and conducting early cumulative impact analysis in REZ planning.
Mandatory Code of Conduct for renewable energy developers
The Energy (Renewable Transformation and Jobs) Act 2024 introduced amendments to the Electricity Act to give the Minister for Energy power to make a Code of Conduct for the social licence criteria to be considered for the grant of a generation authority. The Discussion Paper notes the Government’s progress in developing this Code of Conduct and emphasises the role this will play in enhancing community engagement.
Exploring minimum standards for community benefits
The Government is exploring setting a minimum contribution for community benefits and requiring public reporting of contributions and outcomes. This will be considered as part of the development of the Code of Conduct. This includes investigating different models for community benefits, including community ownership and the pooled Community Legacy Fund for the Callide REZ.
Improving transparency of the renewable energy pipeline
To address concerns from communities and local governments regarding the lack of transparency and awareness of planned developments, the Government is investigating a notification scheme for renewable energy projects. This could include a requirement for project proponents to engage earlier in the development process and provide some minimum standard of information about the project, used to underpin notification to relevant stakeholders.
The Government is also exploring the need for a comprehensive online portal with project mapping and is seeking views from stakeholders on the merits of the online portal and the type of information this should include.
Supporting independent, trusted information about the energy transition
The Government is:
- exploring ways to increase energy literacy and education; and
- supporting independent analysis of emerging issues in energy transformation, including through academic institutions to combat the spread of misinformation about renewable energy.
Increased protections for landholders
The Framework notes the existing initiatives in providing the Queensland Renewable Energy Landholder Toolkit, the telephone Energy Information Service for Landholders, and the Queensland Ag Energy Hub website.
For transmission infrastructure, initiatives directed at landholders include delivering Powerlink’s SuperGrid Landholder Payment Framework and investigating a statutory land access code for transmission providers.
Other initiatives to provide protections for landholders are:
- Investigating a requirement for financial support for landholders to access advice.
- Exploring the need to develop model contracts for landholder agreements.
- Creating clearer complaint and dispute resolution pathways, through both the Australian Energy Infrastructure Commissioner and by investigating the expansion of the Energy and Water Ombudsman Queensland.
Enforcing comprehensive end-of-life planning and protections
The Discussion Paper acknowledges the issues under the current Planning Act framework where any legal obligations for decommissioning a renewable energy project remain with the landowner, rather than the project proponent. This means that landowners can seek contractual protections in landholder agreements, but there is no statutory regime to reduce their risk exposure to decommissioning liabilities.
The Government is:
- exploring new requirements for life cycle planning for renewable developers, as part of the Code of Conduct; and
- investigating models to provide financial assurance for end-of-life activities for renewable energy projects.
The Draft Renewables Regulatory Framework is available here.
