Changes mean new challenges for project proponents 6 min read
Recently commenced changes to the planning regime in Queensland will bring social benefits to communities in which wind and large-scale solar projects are constructed, in terms of infrastructure and other outcomes. These benefits will, however, come at a cost to proponents of new and changed wind and solar projects, such as navigating process complexity, dealing with increased timeframes and incurring additional costs.
In this Insight, we explain the key changes and their implications.
Key takeaways
- The foreshadowed changes to the planning regime for wind and solar projects began on 18 July 2025, with the commencement of provisions of the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 (Qld).
- All material change of use development applications for a solar farm are impact assessable.
- The chief executive of the Department of State Development, Infrastructure and Planning is the decision maker for all material change of use development applications for large-scale solar farms, and for all material change of use development applications for solar farms in a priority development area.
- All material change of use development applications for wind farms and large-scale solar farms must be accompanied by a social impact assessment report and a community benefit agreement, unless exempted.
- All material change of use development applications for existing wind farms and large-scale solar farms made but not decided before 18 July 2025 are deemed not to be properly made, unless subject to a Ministerial call in or direction.
- New and amended codes, guidelines and rules apply to the preparation and assessment of material change of use development applications for wind farms and solar farms.
- Similar rules apply for applications to change development applications and development approvals.
New and changed definitions
There are changes to the definition of 'wind farm', and the creation of new definitions for 'solar farm' and 'relevant solar farm'.
The definitions of 'wind farm' and 'solar farm' refer to a related or ancillary use for a device for storing and releasing energy (such as a Battery Energy Storage System (BESS)). Where a BESS is related or ancillary to a solar farm or wind farm, it will be assessed in the same way as the solar farm or wind farm.
The new definition of 'relevant solar farm' is for a solar farm that has a maximum instantaneous electricity output of 1MW or more, or a solar farm in a priority development area. The chief executive of the Department is the decision maker for a relevant solar farm, and the relevant local government is the decision maker for other solar farms.
Solar farms are impact assessable
A development application for a material change of use for a solar farm is impact assessable, which is the same level of assessment as applies to a wind farm. The impact assessment process is a long one, which requires an application to be publicly notified, and exposes it to third-party submissions and appeals (which can further increase the time and heighten the risk of obtaining an approval).
SIAs and CBAs for wind farms and large-scale solar farms
A material change of use for a solar farm that has a maximum instantaneous electricity output of 1MW or more and a material change of use for a wind farm are both described as development requiring social impact assessment (SIA).
A development application for development requiring SIA must be accompanied by an SIA report and a community benefit agreement (CBA), unless a notice has been given by the chief executive of the Department stating that either is not required. An SIA report may also not be required if the development application is accompanied by an SIA under other identified legislation.
A similar regime applies to a change to an application and a change to a development approval relating to a development requiring SIA, unless the change is a minor change. In the former case, there is no ability to obtain a notice from the chief executive if there is an existing SIA report or CBA for the development application being changed. The parties may, however, agree not to amend the CBA.
An SIA report is about the social impact of development requiring SIA and must comply with the requirements set out in the new Social Impact Assessment Guideline. These are detailed, and require mandatory notices to be given to a local government, inviting it to participate in the scoping of the SIA study, and in any relevant community and stakeholder engagement activities.
A CBA is an agreement about providing a benefit to a community in the locality of the development requiring SIA. It must be entered into with the local government for the area in which the premises are located, and the local government for any other area in which the SIA report identifies a social impact. This may result in a proponent entering into more than one CBA. The proponent may also enter into a CBA with the Department of State Development, Infrastructure and Planning.
If a proponent and a local government cannot agree on a CBA or a change to a CBA, the chief executive may, at the request of the parties, refer them to mediation. The mediation process is voluntary; either party may withdraw from the mediation and it does not guarantee an outcome.
A proponent may apply to the chief executive of the Department for a notice that an SIA report or a CBA is not required. The chief executive may only give a notice if satisfied that it is appropriate in the circumstances. There are matters that the chief executive must consider in making this decision, but the chief executive may also take into account any other matters that the chief executive considers relevant. The chief executive's decision is not subject to appeal.
Importantly, a proponent who is not able to reach agreement about a CBA or obtain a notice from the chief executive that a CBA is not required will be unable to make an application for development requiring SIA, other than an application for a minor change. A proponent seeking to change a development application for which there is an existing CBA will not be able to make the change unless the parties agree to amend the CBA, or agree that no amended CBA is required. The CBA may become an obstacle to making an application for development requiring SIA.
New conditioning rules and powers
There are also new conditioning rules and powers for development approvals for development requiring SIA.
A development condition may require compliance with a CBA; relate to the management, mitigation or counterbalancing of a social impact of the development, including the provision of, or a contribution towards, infrastructure or another thing for a community in the locality of the development; or relate to the monitoring of a social impact of the development.
If the chief executive gives a proponent a notice that an SIA report or CBA is not required, and the chief executive is not the decision maker for the development application or change application, the notice may also direct the decision maker to impose a community benefit condition on any development approval given for the application.
Pre-existing applications impacted
The changes impact both future and pre-existing applications for development requiring SIA.
An existing development application or change application (other than for a minor change) (both called a pre-existing application) for development requiring SIA that has been made but not decided before 18 July 2025 is deemed not to be properly made or accepted. Therefore, if the proponent wishes to proceed with the pre-existing application, it will need to restart the process and comply with the new regime.
If the pre-existing application was called in by the Minister before 18 July 2025, or the Minister gave a direction before 18 July 2025 and the direction is extant on that date, the pre-existing application process is paused and restarts on the day the proponent gives the decision maker an SIA report and a CBA, or a notice given by the chief executive stating that an SIA report or CBA is not required.
New and amended supporting documents, and other changes
The new regime introduces many changes with which proponents and their consultants will need to become familiar.
There are changes to the decision-making process, and to appeal and declaratory rights for parties in relation to development requiring SIA, which will need to be considered by all parties (decision makers, proponents and submitters) before commencing proceedings.
There are also a large number of new documents and changes to existing documents that support the community benefit system, including new and amended state codes, amended development assessment rules, and new and amended guidelines.
We have been actively monitoring these important changes, and are available to discuss their implications and provide support to proponents navigating the new regime.