Queensland increases regulation for wind farm developments
The Planning (Wind Farms) Amendment Regulation 2025 (Amendment Regulation) took effect in Queensland on 3 February 2025.
The Amendment Regulation requires all wind farm developments to be subject to impact assessment against the revised State Development Assessment Provisions, State Code 23: Wind farm development (version 3.2) (Revised Code).
Previously, all wind farm developments were code assessable (apart from developments proposed in proximity to sensitive land uses), which meant wind farm developments were approved if they demonstrated an ability to comply with, or condition compliance with, the outcomes of the code.
These significant changes create new standards for windfarms under the Revised Code that require additional assessment and consultation, including if it has already occurred.
Proponents now also need to consider the risks of third party appeals, as any person can make a submission and bring a merits appeal.
At this stage the reforms do not apply to large-scale solar; however, proponents should closely follow these reforms.
Background
In October 2024, the now elected Crisafulli LNP Government made an election commitment to ensure all renewable energy projects are impact assessable and subject to rigorous approvals processes. The reforms are the first stage of the Government’s election commitment.
In December 2024, the Government revised the Draft Renewable Regulatory Framework (which was initially released in September 2024) and extended public consultation to 1 February 2025.
In January 2025, before the announcement of the reforms, the Government:
- issued a proposed call-in notice for the Moonlight Range Wind Farm, which was approved in December 2024 under code assessment. If the development application is called-in, it will allow the Government to reassess and re-decide the application; and
- took steps to halt the assessment of three material change of use applications for wind farms for a period of four months. These applications were being code assessed under the previous version of State Code 23: Wind farm development.
The reforms
The reforms, which were announced by the Government on 31 January 2025, are set out in the following documents:
- The Planning (Wind Farms) Amendment Regulation 2025 (the Amendment Regulation).
- The Amendment Regulation Explanatory Notes (Explanatory Notes).
- Revised State Code 23: Wind farm development (the Revised Code).
- Revised Planning Guideline - State Code 23: Wind farm development (Revised Guidelines).
The reforms apply to any new wind farm application or other change to an existing wind farm approval (apart from a minor change to an existing wind farm approval).
The reforms came as a surprise to the renewable energy sector, given that the Amendment Regulation was not consulted outside of Government agencies. However, the Government advised the reforms were progressed as a matter of urgency to ensure a timely delivery of the Government’s election commitment.
The Revised Code
Applications for wind farms are assessed by the State Assessment and Referral Agency (SARA) against the Revised Code.
The Revised Code contains changes to the purpose statement, how the code is to be used and includes a number of new performance outcomes, to enhance assessment benchmarks for wind farm applications.
Relevantly, compliance with both the purpose statement and performance outcomes are required to comply with the Revised Code. There are no acceptable outcomes for the code.
The revised purpose statement is to:
- set out minimum parameters for assessment to demonstrate the proposal can satisfactorily mitigate any unacceptable impacts on individuals, communities and the environment.
- ensure impacts arising from design siting, construction, operation and decommissioning does not result in unacceptable adverse impacts on individuals, communities and the environment.
- ensure the assessment of wind farm developments are informed by community and local government engagement.
The new performance outcomes and additional guidance provided by the Revised Guidelines are:
New Performance Outcome | Requirements | Additional guidance |
|---|---|---|
| PO5 – Agricultural Land | Development is located and designed to ensure there is no significant loss of high-quality agricultural land values. | Applicants are required to submit an ‘Agricultural Land Assessment Report’ that addresses the requirements of the Revised Guidelines. |
| PO17 – Off-site work accommodation | Off-site work accommodation does not result in adverse impacts on surrounding communities and townships, such as overburdening services, housing supply and community facilities. | Applicants are required to submit a ‘Workforce Accommodation and Infrastructure Report’ that addresses the requirements of the Revised Guidelines. The conditions of approval will require implementation of the mitigation measures, timings and thresholds identified in the report. |
| PO23 – Infrastructure | The impacts of the development on infrastructure and services (including social infrastructure, communications networks and essential infrastructure) are identified, and measures to manage, mitigate and remediate any impacts are undertaken:
| The ‘Workforce Accommodation and Infrastructure Report’ should also include analysis and recommendations demonstrating compliance with PO23. The conditions of approval will require implementation of the mitigation measures, timings and thresholds identified in the report. |
| PO26 – Community impact | The impacts of the development on communities and individuals are identified, addressed and mitigated to avoid any adverse impacts. | Applicants are required to submit a ‘Community Engagement Report’ that addresses the requirements of the Revised Guidelines. SARA may condition implementation of aspects of the report, where deemed relevant. A Complaint Investigation and Response Plan (CIRP) will also be conditioned. The CIRP requirements are identified in the Revised Guidelines. |
| PO30 – Decommissioning | Decommissioning plans are secured by bonds or financial guarantees or other measures to safeguard timely compliance. | Applicants are required to submit a ‘Decommissioning Security Report’.’ A condition of approval will require implementation of the proposed financial securities. |
Implications
The change in assessment of wind farm applications from code to impact assessment has significant implications for the proposed wind farm developments.
Some of the key issues are:
- Public consultation – impact assessable development applications require compulsory public notification and consultation, compared to code assessable development which does not involve public consultation. Although many developers carried out informal consultation for proposed wind farm projects, there are now formal requirements for applicants to carry out public consultation and take into consideration submissions made by the community during the consultation process.
- Third party appeal rights – Any third party that made a submission during the consultation process will be eligible for third party appeal rights to the Queensland Planning & Environment Court, if the relevant development application is approved. Any such appeal would be merits based on the impacts of a project. If an appeal is lodged, it may take an additional 12 to 18 months to be resolved and the development application cannot be processed during this time. This adds both time and cost implications to the planning process.
- Enhanced benchmarks for assessment – the enhanced assessment benchmarks for impact assessment are set out in the Revised Code and Revised Guidelines (summarised above). The revised assessment requirements require applicants to carry out additional assessments and prepare additional reports for agricultural land, off-site workers’ accommodation, infrastructure, community impact and decommissioning.
- Time implications – the reforms will increase assessment timeframes. Impact assessment is a more rigorous planning process, which can take up to 12 months to complete, compared to code assessment development, which can be completed in approximately four to six months. The increase in assessment timeframes is due to increased assessment and reporting requirements, public consultation process and planning appeals (if applicable).
- Cost implications – the increase in planning approval requirements and assessment timeframes increases the cost in obtaining approvals for proposed wind farm projects.
- Increased discretion –- SARA has increased discretion and flexibility to determine impact assessable applications, compared to code assessable applications.
Next steps
Developers of proposed wind farms in Queensland should familiarise themselves with the reforms and new assessment requirements to ensure all planning applications for wind farms comply with the revised requirements.
Developers should also monitor for further changes in the renewable energy sector in Queensland and consider any potential impacts to projects. It is likely that further reforms will be announced by the Government in 2025 that will impact on the sector.
In the next phase of reforms, the Government will focus on making other renewable energy projects undertake impact assessment, such as large-scale solar farm developments, as well as introducing a community benefit framework for renewable energy developments, which is aimed at bringing the planning approval process for renewable energy projects in line with other major development projects.
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