Out-Law Analysis 5 min. read
29 May 2025, 11:50 pm
A Queensland wind farm project west of Rockhampton has had its planning approval reversed on the basis of a lack of ‘supporting strategies’ to address the adverse social impacts on surrounding communities of workforce accommodation and ‘minimal and insufficient’ community engagement.
The Moonlight Range Wind Farm project is a proposed 88 wind turbine project and battery energy storage system (BESS) across six farming properties forty kilometres west of Rockhampton, with generation capacity to supply approximately 260,000 households.
The project has an estimated construction value of approximately A$1 billion (approx. US$644.3 million) and would support at least 300 jobs during construction and up to 10 permanent jobs on site during operation. The project was to have a community fund of A$100,000 per annum, operational for the lifetime of the project.
The Queensland State Assessment and Referral Agency (SARA), tasked with the assessment of development applications where a development application affects a ‘State interest’, approved the development permit for the material change of use for a wind farm and for the operational work for the clearing of native vegetation on 5 December 2024.
A ‘State interest’ refers to an interest that the Minister for State Development, Infrastructure and Planning considers to affect an economic or environmental interest of the state or affects the interest of ensuring the purpose of the Planning Act 2016 (QLD) (‘the Planning Act’).
On 16 January 2025, Jarrod Bleijie, the Minister for State Development, Infrastructure and Planning, issued a proposed call in notice for the Moonlight Range Wind Farm development application, pursuant to section 102(2) of the Planning Act. He invited submissions from the proponent, community and other interested parties over a forty-day consultation period, the representation period, as to whether the proposed development qualified as a 'State interest' and required re-assessment.
Following the issuing of the 16 January 2025 proposed call in notice, the Planning Act was amended by the state government. These reforms made all new development applications to authorise a ‘material change of use’ for a new wind farm impact assessable requiring statutory public consultation. 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.
On 8 April 2025, Bleijie issued a call in notice for the application pursuant to section 103 of the Planning Act. During the representation period, the Queensland government received 554 representations. 142 representations were received from local residents within the area of the site the subject of the application.
Section 104(1) of the Planning Act sets out the effect of a call in notice, including that when the minister gives a call in notice:
Bleijie called in the application as it ‘involves, or is likely to involve, the State interest of ensuring the purpose of the Planning Act is achieved’. This is on the basis that the application was subject to the code assessment under the previous Planning Act regime, though reforms by the state government, outlined above, were later made to the planning regime governing windfarms. He considered that the proposed development ‘requires a balancing of significant infrastructure, environmental and community considerations to ensure the responsible delivery of energy infrastructure that safeguards communities and the environment’.
A call in application entitles the minister to assess and decide, or reassess and re-decide, all or part of the application and in doing so anything the minister considers relevant may be considered, per section 105(5) of the Planning Act.
On 22 May 2025, Bleijie issued a decision notice refusing the application on the basis that "ensuring community and local government engagement in wind farm assessment and early identification and management of social and community impacts are of key importance in the assessment of wind farm development in the State".
In arriving at this decision, Bleijie found that the 5 December 2025 approval was in relation to outdated assessment benchmarks which did not "take account of broader matters of interest for the state". He noted that during the intervening period following the approval, reforms to Queensland’s planning regime governing windfarms were introduced. These reforms seek to ensure that adverse impacts of development on individuals and surrounding communities, including on services, housing supply and community facilities do not arise.
He adopted the assessment that the application did not support strategies to address workforce accommodation and the associated social impacts on surrounding communities and that the community engagement undertaken by the applicant had been "minimal and insufficient to understand and address any community feedback…relating to community impacts including the impact of insufficient workforce accommodation, increased pressure on community infrastructure (schools, childcare providers and health care providers) and that there is no infrastructure upgrades proposed to be delivered by the applicant". He also noted that the applicant had not demonstrated its commitment to the establishment of a community benefits fund.
Bleijie’s decision notice states a person may not appeal against the decision on a call in under the Planning Act.
For the project to have a chance to go ahead, it would need to be re-designed, with further impact assessment conducted in compliance with the new requirements in relation to community benefit and social impact assessment expected to be introduced once the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 (QLD) (Bill) is passed. The bill was introduced into the Queensland Parliament on 1 May 2025, and referred to the State Development, Infrastructure and Works Committee for public hearings on 2 June 2025. A final report will be handed down by the committee on 20 June 2025.
On 16 January 2025, Bleijie issued directions to pause the assessment of the three other Queensland wind farm applications, the Bungaban, Wongalee and Theodore wind farms, for a period of four months, until 16 May 2025.
On 5 March 2025, Bleijie issued a further direction to the Chief Executive of the Planning Act to determine the wind farm application within 20 business days, and in doing so was satisfied that extensive consultation had been undertaken with community, local governments and stakeholders. The Bungaban application was approved by SARA on 21 March 2025.
On 4 April 2025, Bleijie issued a further direction to the Chief Executive of the Planning Act to determine the wind farm application within 26 business days, and in doing so was satisfied that adequate consultation had been undertaken. The Wongalee application was approved by SARA on 13 May 2025.
The pause of the assessment of the Theodore wind farm expired on 16 May 2025, it is currently being assessed by SARA.
On 13 March 2025, another proposed call in notice was issued by Bleijie in relation to the Middle Creek Energy Hub, a proposed development with 183 turbines, BESS and ancillary infrastructure, with capital investment of over A$1.76 billion near Wandoan. The forty-day representation period closed on 19 May 2025. A decision in relation to whether the Middle Creek Energy Hub will be called in is expected in the coming months.
Bleijie’s decision sends a clear message that the goalposts have shifted for the assessment and approval of renewable energy projects in Queensland.
The new framework defines the Community Benefit System (the Social Impact Assessment and Community Benefit Agreements) and sets clear expectations about the approach required for approval to be obtained. For example, agreements will need to be entered into prior to the lodgement of development approval application.
Developers need to invest in gaining strong ongoing community support for a proposed project well before construction by meaningfully engaging with community stakeholders, including local councils, First Nations groups, and community members. Clarity is welcome but the new requirements will add to approvals timeline.
The decision raises the questions surrounding if existing development approvals for other projects safe. This is a difficult question to answer and approval holders may be prompted to commence works where approvals are in place.