The Queensland Government has advised that from Monday, 3 February 2025, the Planning (Wind Farms) Amendment Regulation 2025 (Amendment Regulation) will take effect.
The Amendment Regulation follows the 16 January 2025 Ministerial direction under section 95 of the Planning Act, which instructed the chief executive administering the Act not to decide on three development applications for wind farms that were under assessment for a period of four months.1
The Amendment Regulation will:
- Make all development applications for material change of use for wind farms subject to impact assessment under the Planning Act 2016 (Qld) (Planning Act), dramatically changing the risk profile of wind farm projects in Queensland; and
- Give effect to the latest version of State Code 23: Wind Farm Development (version 3.2) in the State Development Assessment Provisions, ensuring wind farm applications satisfy updated planning criteria.
We understand that there are proposed further changes to take effect shortly, including:
- Making other renewable energy projects impact assessable, such as large-scale solar farm developments.
- Introducing a community benefit framework for renewable energy developments that is similar to the requirements that other major development projects delivered in regional communities.
Background: LNP wins Queensland election
The Queensland election on 26 October 2024 saw the Liberal National Party come to power. The State Government’s policy emphasises cost control, energy reliability and coal preservation, with Premier Crisafulli claiming that the current renewable energy targets were ‘fanciful’ and will be repealed. Since their election, Premier Crisafulli has already announced the discontinuation of the Pioneer-Burdekin pumped hydro energy storage project and committed to allocating $1.4 billion to keeping coal generators online.
Direction to suspend assessment of development applications for wind farms
The State Government’s intention to cut back on renewable energy efforts was again made clear with its recent decision. Following the direction issued on 16 January 2025, the 1.4 GW Wongalee Wind Farm near Hughenden, the 1.4 GW Bungapan Wind Farm in Gladstone and the 1.1 GW Theodore Wind Farm near Biloela are in limbo, awaiting further consultation.2
The direction power enables the Minister to review the assessment framework for the subject applications to ensure they align with the Planning Act and its purpose of developing an integrated and efficient planning system.3 The State Government also issued a proposed ‘call-in’ notice on the state development approval for the 450 MW Moonlight Range Wind Farm, which had already received approval late last year.4 While the call-in notice has not been issued yet, a 40-day consultation period has commenced to allow for fresh consultations by community members, local governments and other stakeholders to determine whether the development relates to a state interest.5 At the end of the consultation period on 14 March 2025, the State Government will take further time to decide whether or not to call-in the development application.6
Under the Planning Act, decisions to issue Ministerial direction notices are not matters that are appealable to the Queensland Planning and Environment Court. Instead, affected parties must apply to the Supreme Court of Queensland for a statutory order for review of the relevant decision.
Clean Energy Council briefing
The Clean Energy Council (‘CEC’) released its response to the State Government’s direction to not decide the development applications for the projects on 20 January 2025.7 According to the CEC, the policy shift is not part of a campaign to shut down the wind energy industry in Queensland – it is rather a decision to improve community consultation in the impact assessment process for wind farms, such that it aligns with other sectors including mining and agriculture.8 The CEC is, however, concerned about the nature in which the policy changes were communicated, suggesting that it may put investment in Queensland, which has been a national hub for renewable energy investment, at risk.9 As the decision was not made with industry consultation, the CEC has committed to work with the new State Government to create a comprehensive assessment process that continues to attract substantial investment across Queensland.10
Implications of the Amendment Regulation
The amendment dramatically changes the development approval pathway for wind farm projects in Queensland and increases their risk profile.
Impact assessable development applications are required to be publicly notified for a period of at least 15 business days, during which time any person may make a submission about the development application. Any eligible submitters have the right to appeal against a decision on the development application to the Planning and Environment.
The amendment (and proposed future amendments) means that renewable energy developers must invest in proactive community engagement as early as possible and be prepared to comprehensively address any concerns held by members of the local community. Otherwise, developers risk significant delays and costs associated with obtaining the necessary development approvals.
We will continue to monitor for further regulatory changes affecting the Queensland renewable energy industry.
You can view the relevant regulatory documents here:
- Planning (Wind Farms) Regulation Amendment 2025
- New State code 23: Wind farm development
- New Guideline to support State 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.
1Queensland Government, Department of State Development, Infrastructure and Planning, ‘Minister’s directions and notices’, <https://www.planning.qld.gov.au/planning-framework/legislation/ministers-powers/ministers-directions-and-notices> (‘Minister’s Direction’).
2S Vorrath, ‘Brookfield-backed wind farm in limbo, three others on pause as LNP overhauls state approval process’, RenewEconomy (Online, 20 January 2025) <https://reneweconomy.com.au/brookfield-backed-wind-farm-in-limbo-three-others-on-pause-as-lnp-overhauls-state-approval-process/> (‘Vorrath 2025’).
3Minister’s Direction (n 2).
4Vorrath 2025 (n 6).
5Ibid.
6Ibid.
7Clean Energy Council, ‘Briefing Note: Response to Queensland Government Decision to Pause Approval Process for Wind Farms’, < https://cleanenergycouncil.org.au/getmedia/7526c641-32ea-48ee-a648-3d8fef6802b8/briefing-note-pause-on-approval-process-for-wind-farms.pdf> (‘CEC’).
8Ibid.
9Ibid.
10Ibid.
