Changes to QLD Wind Farm Development Applications

For Renewable Energy developers, attaining developmental approval (DA) from the local State Authority and local council is arguably one of the greatest hurdles faced in the realisation of a renewable energy project. In Queensland (and the process is generally similar in other Australian States), each local government carries out development assessment through their own local planning scheme. Sometimes however, additional assessment is required if certain proposed development thresholds are met. The state then becomes involved as the referral agency through the State Assessment and Referral Agency (SARA).

Recent changes by SARA removed the specific endorsement requirements from ‘CASA, Airservices Australia and the district aerodrome supervisor’ for Wind Farm projects.

SARA uses specific criteria from the State Development Assessment Provisions (SDAP); where SDAP defines the state's interest in development assessment and includes the assessment benchmarks.

SDAP is a performance-based code that regulates specific outcomes, rather than regulating development through prescription. Applicants are required to address criteria to demonstrate the way in which development manages impacts on a matter of state interest. In making a development application to SARA, applicants need to respond to the relevant provisions of the applicable state codes in SDAP.

State code subjects range from 1 – 23 and cover a wide range of scenarios. For example, State Code 23 specifically relates to Wind Farm development.

Performance outcomes (PO) set the benchmarks for achieving the purpose statement of the code. POs define what may constitute an acceptable or tolerable impact on a matter of state interest, or the minimum standards required to manage the impacts of development on a matter of state interest. If a development application does not comply with one or more POs, then SARA will determine, on balance, whether the purpose statement is complied with. (The purpose statement covered in detail below).

Acceptable outcomes (AO) identify one way a performance outcome (PO) can be met. An application that complies with all applicable AOs is considered to satisfy the corresponding performance outcome. AOs are provided for some, but not all POs.

In recent versions of State Code 23 (version 2.6 and below), the POs of ‘Aviation safety, integrity and efficiency’ and ‘Electromagnetic interference’ had specific AOs attached to them. This has been recently amended to version 3.0 to include the statement ‘No acceptable outcome is prescribed’. What this means is that the PO requires SARA determination, on balance, that the development complies with the purpose statement of State Code 23.

The purpose statement of State Code 23, is:

…to protect individuals, communities and the environment from adverse impacts resulting from the construction, operation and decommissioning of wind farm development. Wind farms should be appropriately located, sited, designed, constructed and operated to ensure:

1.       the safety, operational integrity and efficiency of air services and aircraft operations;

2.       risks to people, property and quality of life are minimised by providing acceptable levels of: a. amenity and acoustic emissions at sensitive land uses; and b. resilience to natural hazards;

3.       development minimises adverse impacts on the natural environment, vegetation and associated ecological processes;

4.       development in an area identified by a local government as having high scenic amenity appropriately manages impacts on the character, scenic amenity and landscape values of the locality;

5.       the safe and efficient operation of transport networks and road infrastructure

Remember, the SDAP rules are periodically amended without notification. The QLD Development Assessment rules both current and previous can be found here.

Aviation Projects is highly experienced in assisting developers meet their obligations for successful development approval. Contact us here to see how we can help.

Image source: State Development Assessment Provisions, Version 3.0