NSW Planning Renewable Energy Development. July 2017

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1 NSW Planning Renewable Energy Development July 2017

2 Contents 1. Overview of the renewable energy industry 2. Legislative framework for development 3. Development assessment framework 4. New guidelines for wind and solar developments 5. Community consultation and social licence

3 Strategic context Renewable energy developments are growing rapidly. The NSW Government is establishing greater consistency in regulation and assessment of wind and solar developments. Renewable energy provides opportunities for government and community to reduce emissions, improve energy security and put downward pressure on energy bills. Renewed interest in renewable energy development at Commonwealth level. Outcomes of recent strategic signals will be important. 3

4 Snapshot of renewables in NSW Over the last five years, the share of renewables in NSW energy mix has more than doubled. Renewables now make up 19.6 per cent of electricity supply. In the last year alone, five SSD wind projects and five SSD solar projects were approved. More in the pipeline : 23 operational or approved wind projects, 8 under development; and 11 operational or approved solar projects, 19 under development. Equates to around 9,600 MW of large-scale renewable energy projects around $13.6 billion in investment. 4

5 Regulatory framework for renewable energy Development is regulated by the Environmental Planning and Assessment Act 1979 which supports ecologically sustainable development. Other relevant regulation: o Environmental Planning and Assessment Regulation 2000; o State Environmental Planning Policy (State and Regional Development) 2011; and o State Environmental Planning Policy (Infrastructure)

6 Pathways for renewable energy development CIV and output criteria CIV > $5M; Output >30MW CIV $5-30M; Output >30MW CIV > $5M; Output 30MW+ CIV $5-30M; Output 30MW+ Environmental Planning Instrument Infrastructure SEPP Infrastructure SEPP Schedule 4A, EP&A Act Infrastructure SEPP Schedule 3, EP&A Reg Infrastructure SEPP Schedule 4A, EP&A Act Schedule 3, EP&A Reg Consent Authority Local council Joint Regional Planning Panel Local council Joint Regional Planning Panel CIV $30M+ SRD SEPP Minister/PAC CIV $30M+; Output 30MW+ SRD SEPP Schedule 3, EP&A Reg Minister/PAC 6

7 Assessment of State Significant Development Benefits are weighed against costs and the consent authority determines the project. Most wind and large scale solar will be SSD. Assessment by the PAC will have additional processes. Scoping EIS Application Site selection, issue identification, consultation Project design Dept issues SEARs, on request Proponent develops EIS in response to SEARs Further community consultation may be required Development application submitted Application is exhibited for public comment 7

8 Community consultation is critical to a streamlined process. New guidelines on the EIA process currently on exhibition until 1 September at Response Assessment Decision Submissions are collated Applicant prepares a formal response to submissions Dept consults expert agencies Dept assesses application Consent authority considers assessment report and response to submissions. Determination made. Consent issued with conditions. 8

9 Key assessment issues SEARs are issued to guide the development of the Environmental Impact Statement and ensure key issues are considered. Standard issues include socio-economic impacts, heritage, and transport access, construction noise, and visual amenity. Key issues include: o Wind: operating noise, biodiversity (bird and bat strike); and o Solar: land use conflict (agricultural land), biodiversity (vegetation). EIS quality for renewable energy could be more succinct, better focused on key issues and better clarify and justify the chosen design. 9

10 Wind energy development guidelines The NSW Government released the Wind Energy Guideline: For State significant wind energy development in December The guideline aims to provide clear and consistent guidance on assessment, facilitate better outcomes and support better community and stakeholder engagement. 10

11 Solar energy development guidance NSW Govt is now considering guidelines for large scale solar energy. The current focus is on optimal site selection, to minimise impacts. o topography; o suitable and compatible land (biodiversity and land use conflict); o proximity to the existing network; o project design. For an optimal site, assessment timeframes may shorter with scope for greater flexibility in consent conditions. The aim is to exhibit the draft guidelines before the end of

12 Obtain a social licence to operate It is vital that a proponent obtain a social licence from the community. Community support can streamline assessment processes, reducing timeframes and costs. A recent solar project in NSW received around 30 objections from the public, in addition to the local council. Issues cited were construction noise, visual amenity and Aboriginal heritage impacts. The consistent theme of the objections was that the community felt it was not adequately consulted. 12

13 Quality public consultation Begin local community consultation early. Where feasible, adjust the project s design to community input. This can reduce impacts and grow social licence. Consider the community perspective. Outline the benefits to the local community and innovate to become a part of that community. Work with local communities and councils to work out what is the community needs and wants and what will be best received. Ensure close consultation with local councils. In some communities councils can have a big impact of community perceptions. 13

14 Quality consultation is in everyone s interest Quality local community consultation can have significant benefits beyond social licence. It can reduce project risks and costs, rather than having to react to new impacts or issues. Done well, it can enhance the reputation of the proponent and the industry as a whole, which will support future developments. Consultation should start early in the scoping stage, but continue through assessment and operational phases, to keep the community informed. 14

15 Felicity Greenway Acting Executive Director Resources and Industry Policy

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