Updates proposed to Queensland wind farm development code

The proposed updates to ‘State Code 23’ (150KB / 5-page PDF) and the planning guidance (1.02MB / 62-page PDF) make a number of wide-ranging changes to the processes for constructing, operating and decommissioning wind farms in Queensland. Among those changes, and consistent with the regulatory trends in other Australian jurisdictions, is a requirement for wind farm proponents to ‘front load’ environmental assessments prior to approval.

Environmental and planning law expert Kirstie Richards of Pinsent Masons said: “Carrying out environmental assessments earlier during the project lifecycle can reduce uncertainty for project proponents and avoid unwanted surprises during construction. However, early assessment generally increases costs, and can also lock in engineering and design decisions. Accordingly, it is important that regulatory guidance sets the balance carefully to avoid adversely impacting on project assessment timeframes and costs.”

Queensland’s Department of State Development, Infrastructure, Local Government and Planning is seeking feedback on the proposed changes until 4 September.

“It is important that developers provide submissions to help ensure the final updates strike an appropriate balance which does not adversely impact on the assessment of wind farm projects in the state,” Richards said.

Updated performance objectives

To obtain consent, proposed wind farm developments in Queensland must demonstrate that they meet certain ‘performance objectives’ (POs). Some of the most significant changes in the updated state code and planning guidance are to do with the POs on flora and fauna; decommissioning; erosion and sediment control; workforce accommodation; transport networks; and acoustic amenity.

Flora and fauna

The draft state code and planning guidance require explicit consideration of how impacts on threatened species and other areas of high environmental value have been avoided in the project design, which is to be included in the ecological assessment report required to be prepared prior to a development application being lodged; and the conditions of approval to require detailed flora and fauna management plans to be prepared and submitted before starting construction.

Proponents must replant and restore areas of temporary disturbance following construction which are not required to remain cleared for wind farm operations, including all areas cleared for temporary uses.

Decommissioning

All conditions of approval for wind farms will now require the preparation of an end of operation decommissioning management plan to be submitted to Queensland’s State Assessment and Referral Agency (SARA) – the assessment manager for all wind farm development applications – before the wind farm is decommissioned.

Erosion and sediment control

The draft requires a new erosion risk assessment before submitting a development application. If the assessment identifies that parts of the proposed site layout pose an unacceptable risk during construction to receiving waterways and catchments, even if treated with erosion control devices, the proposed site layout must be modified to avoid these areas. The assessment will inform the conditions of approval, which will also require a detailed Erosion and Sediment Control Plan to be prepared prior to commencing construction as is currently the case.

Workforce accommodation

The draft requires the preparation of a ‘construction workers accommodation options report’ setting out how workers are to be accommodated onsite, and sets out a number of requirements for this. They include an assessment against selected key matters in the Queensland state government’s ‘Social Impact Assessment Guideline’; details of the proposed workforce accommodation; evidence of consultation with local government; and a preliminary management plan for how impacts from the workforce accommodation will be managed.

Transport networks

Applicants will be required to demonstrate during the assessment that a viable heavy haulage route can support project construction.

Acoustic amenity

The draft retains the current noise standards. Wind farms with a separation distance of less than 1,500 metres between a wind turbine and an existing or approved sensitive use on a non-host lot where a neighbour deed is not in place will remain impact assessable.