The Queensland Government has released an updated version of State Code 23: Wind farm development (the Code) following community consultation and review of the existing Code and the associated Planning Guidance. Wind farm development applications will now be assessed against this new Code, which came into effect on 30 September 2024.1 Importantly, development applications currently being assessed may also be affected by the changes.
Key Changes
The amendments to the Code focus on strengthening community and environmental protections while providing a clearer framework for proponents in managing their obligations.2
Key amendments include:
- a new requirement for areas cleared for the construction of wind farms to be progressively rehabilitated to the maximum extent possible without impeding safe and efficient operations;3
- the removal of ‘acceptable outcomes’ for performance outcomes relating to acoustic impacts, which should provide greater flexibility for compliance with the Code;
- an increased emphasis on protecting wildlife and areas of high ecological value from adverse impacts;4
- the introduction of performance outcomes to assess the management of water quality, erosion control and natural hazards;5
- a new requirement for proponents to demonstrate that a safe, viable and practical haulage route can be secured for oversized vehicles during construction and maintenance;6 and
- a new requirement for proponents to upgrade transport networks to ensure construction activities and ongoing maintenance do not adversely impact transport networks where necessary.7
The Code applies during the design, construction, operation and decommissioning of wind farms.
Development applications lodged from 30 September 2024 will be subject to assessment against the new Code. Development applications currently being assessed may also be affected by the Code.
The Hamilton Locke team advises across the energy project life cycle – from project development, grid connection, financing, and construction, including the buying and selling of development and operating projects. For more information, please contact Amelia Prokuda or Matt Baumgurtel.
1Department of Housing, Local Government, Planning and Public Works, ‘Changes to State code 23: Wind farm development and the associated Planning Guidance’, Queensland Government (Web Page, 1 October 2024) <https://www.planning.qld.gov.au/planning-issues-and-interests/state-code-23-wind-farm-development-and-the-associated-planning-guidance>.
2Ibid.
4Ibid 1-2.
5Ibid 2.
6Ibid.
7 Ibid.
