Renewable energy

Questions and answers

• How can the community be involved during the preparation of a SIA?

  Community and stakeholder engagement is required to inform the preparation of a Social Impact Assessment (SIA). The community and stakeholder engagement process expected to inform a SIA is identified in the Social Impact Assessment Guideline (SIA Guideline).

• How can the community be involved during the assessment of the development application?

  A development application for a wind farm or a solar farm is subject to public notification, as these developments are impact assessable under the Planning Act 2016. As part of the impact assessment process, the public is notified of the application and persons can make a submission that must be considered by the assessment manager.

  Appeal rights are available to persons who have made properly made submissions. There are some limitations on the ability for submitters to appeal conditions that relate to social impacts or community benefit agreements.

• What are the new public notification requirements for wind farms and solar farms?

  The Development Assessment Rules (DA Rules) outline how public notification is required to be undertaken. The DA Rules have recently been amended to provide new public notification requirements for development requiring a social impact assessment, which includes wind farms and solar farms.

  The new public notification requirements for wind farms and solar farms include:

  • A public notice is required on a community notice board (e.g. Town Centre Library, Community Centre Notice Board, Town ark Toilet Block) in each township in the affected local government areas.
  • Notice given to be given to all adjoining lot owners and lots within 1500m of the property where the development is located.
  • Notice given to all local governments identified as being affected by social impacts from the development.
  • Notice given on the Department of State Development, Infrastructure and Planning website.

  Proponents of wind and solar farms are encouraged to undertake other public notification measures in any other way they see fit, in addition to the above requirements. For example, local radio broadcasts, sharing in online community group pages, placing advertisements in local print publications and providing information via their company or project websites.

• Who is the assessment manager for a solar farm development application?

  The State Assessment Referral Agency (SARA), as the delegate of the Chief Executive of the Planning Act 2016, is the assessment manager where a solar farm is defined as a relevant solar farm. A relevant solar farm means:

  • A solar farm that has a maximum instantaneous electricity output of 1MW or more; or
  • A solar farm in a priority development area.

  Local Government is the assessment manager for a solar farm that has a maximum instantaneous electricity output of less than 1MW.

• Who is the assessment manager for a wind farm development application?

  The State Assessment Referral Agency (SARA), as the delegate of the Chief Executive of the Planning Act 2016, is the assessment manager for a wind farm.

• What happens if a solar farm or wind farm is proposed in a Priority Development Area declared under the Economic Development Act 2012?

  The State Assessment and Referral Agency (SARA) will be the assessment manager for all development applications for a solar farm or wind farm in a Priority Development Area (PDA).

  Solar farm and wind farm in a PDA is impact assessable. Both the relevant State Development Assessment Provisions (SDAP) and the development instrument of the PDA under the Economic Development Act 2012 will apply.

• What if a solar farm development includes battery energy storage systems (BESS)?

  The new solar farm definition includes the use of premises for ‘facilities or devices for storing and releasing energy’ - where ancillary or related to the solar farm. Where a battery energy storage is related to, or ancillary to, a solar farm it will be considered as part of a development application for a solar farm.

  This means that a solar farm and its ancillary uses as per the solar farm definition, should be considered in a social impact assessment, as well as a development application.

  Where an application is for a standalone BESS that is not ancillary to a solar farm, which is defined as either a battery storage device or battery storage facility in the Planning Regulation 2017, there is no change to the existing development assessment process.

  Local government will continue to be the assessment manager for these development applications.

• What happens to existing wind farm and solar farm applications?

  Existing development applications for solar farms above 1MW and wind farms that have not been decided on the commencement of these planning reforms are referred to as ‘pre-existing applications’ in the Planning Regulation 2017.

  At commencement of changes on 18 July 2025, pre-existing applications are taken to be not properly made, unless the application is already subject to a call-in or direction notice under the Planning Act 2016. As a result, these development applications are required to be remade to the relevant assessment manager and are subject to the new community benefit system.

  The community benefit system requires a social impact assessment report and an executed community benefit agreement to be lodged with a development application for it to be properly made.

  Existing development applications for a solar farm less than 1MW and have not yet been assessed will continue to be assessed by local government with no change to the development assessment process.

• What happens to the application fees paid to Council for an existing solar farm development application?

  Any potential refund of development application fees for pre-existing applications for a solar farm will be determined on a case by case basis by the relevant local government, subject to the fee refund policy of that local government.

• How will solar farms be defined in local planning schemes?

  A solar farm use is no longer a part of definition of renewable energy facility in the Planning Regulation 2017.

  The new land use definition of solar farm may be adopted by local planning schemes to regulate solar farms. The land use of solar farm is included and must be adopted under schedule 3 of the Planning Regulation 2017 as a use term for local planning instruments.

  Under Chapter 2, Part 2 of the Minister’s Guidelines and Rules (the MGR) an amendment to a local planning instrument that is consistent with regulated requirements (such as adopting use terms under schedule 3 of the Planning Regulation 2017) is considered a minor amendment.

  The new solar farm land use definition includes uses that relate to, or are ancillary to, the use such as temporary workers’ accommodation and facilities or devices for storing and releasing energy.

• What happens if a change to an existing development approval for a wind or solar farm is proposed?

  To make a change to an existing development approval for a wind farm or solar farm, it may be necessary to make a change application.

  If the change application is for a minor change, it must meet the definition for a minor change in Schedule 2 of the Planning Act 2016. This includes determining that the change would not result in a substantially different development as identified inSchedule 1 of the Development Assessment Rules (DA Rules).

  If the change application is for a change that is ‘other than a minor change’, and relates to development requiring social impact assessment as defined by the Planning Act 2016, the development application must be accompanied by a social impact assessment (SIA) report and a community benefit agreement (CBA) to be properly made, unless the chief executive has provided a notice that a SIA and/or a CBA is not required.

• What if a Social Impact Assessment has already been done?

  Where a social impact assessment (SIA) for a project has already been completed an applicant should discuss the SIA with the relevant local government to determine if it meets the criteria for a SIA under the Planning Act 2016.

  If the previously prepared SIA does meet the criteria for a SIA under the Planning Act 2016, the proponent and local government, and any other identified relevant parties, can proceed to negotiating community benefit agreement (CBA).

  If the previously prepared SIA does not meet the criteria for a SIA under the Planning Act 2016, the proponent and local government will need to determine if a new SIA will need to be undertaken, or if there are suitable grounds to make a request that the Chief Executive of the Planning Act 2016 give notice that a SIA is not required for the development.

• What does the chief executive consider when deciding if a SIA or CBA is required?

  A request can be made to the Chief Executive of the Planning Act 2016 to not require a Social impact Assessment (SIA) and/or a Community Benefit Agreement (CBA) - in exceptional or unusual circumstances.

  In considering a request the Chief Executive may consider any matters they consider relevant including:

  1. the location, nature and scale of the development requiring social impact assessment
  2. any assessment of the social impact carried out by the applicant
  3. whether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement
  4. whether the applicant and a public sector entity have engaged in a meditation process in relation to the development application or change application, including the outcomes of the mediation process
  5. whether the chief executive has previously given or been asked to consider if social impact assessment or community benefit agreement is required.

  The Chief Executive may seek further information to support a request, and has 30 days from the request, or from the provision of requested information, to decide whether to issue a notice that a SIA and/or a CBA is not required.

• What is the Social Licence Toolkit, and when is it being released?

  A Social Licence Toolkit is being developed by the Department of State Development Infrastructure and Planning to provide local governments with additional tools, resources and knowledge to support community engagement for large scale projects, such as wind farm and solar farm development.

  The toolkit is being developed to be complimentary to these recent planning reforms and is anticipated to be released later in 2025.