Policy framework for wind energy facility proposals

3.1 Decision-making framework for a planning permit application

The use and development of land for a wind energy facility requires a planning permit under clause 52.32-2 of the VPP.

In addition to the decision guidelines in clause 65.01 (Approval of an application or plan), planning schemes include provisions that apply to assessing proposals for wind energy facilities. These provisions include:

• the definition of a wind energy facility in clause 73.03 (Land use terms)
• state planning policy for renewable energy in clause 19.01-2S of the PPF
• relevant renewable energy regional policies under clause 19.01-2R of the PPF
• planning provisions and requirements for planning permit applications set out in clause 52.32
• planning permit exemptions for anemometers erected for less than three years set out in clause 62.02-1.

3.2 Who is the responsible authority?

Clause 72.01-1 specifies that the Minister for Planning is the responsible authority for a permit application or amendment to a permit related to the use and development of land for an energy generation facility (including a wind energy facility) with an installed capacity of 1 megawatt or greater and a utility installation used to:

• transmit or distribute electricity
• store electricity if the installed capacity is 1 megawatt or greater.

Refer to Section 6 of these guidelines regarding planning permit administration and enforcement.

3.3 Other statutory approvals

In addition to planning requirements for a wind energy facility, proponents should be aware that there may be other local, state and national regulatory requirements.

Some approvals must be obtained before a planning permit application can be determined. Early consideration of these matters can reduce delays in determining a planning permit application.

Other statutory approvals under the following acts may also be required:

• For Victoria:
  • Environment Protection Act 2017
  • Environment Effects Act 1978
  • Aboriginal Heritage Act 2006
  • Water Act 1989
  • Heritage Act 2017
  • Wildlife Act 1975
  • National Parks Act 1975
  • Livestock Disease Control Act 1994
  • Catchment and Land Protection Act 1994 (CaLP Act)
  • Road Management Act 2004
  • Mineral Resources (Sustainable Development) Act 1990
• For the Commonwealth:
  • Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  • Native Title Act 1993

The onus is on the proponent to contact the relevant agency to determine its requirements.

3.3.1 State environmental assessment

If an Environment Effects Statement (EES) is required for a wind energy facility, this process must be completed before the planning permit application can be determined.

The Minister for Planning is responsible for administering the Environment Effects Act 1978 and deciding whether an EES is required under that Act. If a proposal is likely to have a significant effect on the environment, the proponent should refer it to the Minister for a decision on the need for an EES.

The onus is on the proponent to refer a proposal to the Minister for Planning to determine whether an EES is required.

The Minister for Planning will require a preliminary landscape assessment to accompany a referral of a proposed wind energy facility. Should an EES be required, then it must include an independently peer-reviewed visual impact assessment by a suitably qualified and experienced person.
The ministerial guidelines for assessment of environmental effects under the Environment Effects Act 1978 provide guidance on EES processes. More information can be found at Environment assessment guides.

3.3.2 Commonwealth environmental assessment

A proposal may also need approval under the EPBC Act if it is likely to have a significant impact on matters of national environmental significance, for example a significant listed threatened or migratory species.

When a person proposes to take an action that they believe may need approval under the EPBC Act, they must refer the proposal to the Commonwealth Minister for Environment. If the Minister determines that an approval is required, the proposed action must be assessed under the EPBC Act.

Further information on the operation of the EPBC Act is available from the Australian Government Department of Climate Change, Energy, the Environment and Water, or for help in deciding whether an action should be referred, you should consult the EPBC Administrative Guidelines on Significance, including the Significant Impact Guidelines 1.1: Matters of National Environmental Significance (2013) and the EPBC Act Policy Statement 2.3 – Wind Farm Industry (2009).

If approval is required under the EPBC Act, the project may need to be assessed using an assessment process specified under that Act, or an accredited state impact assessment process may be able to be used.

Under the Bilateral Agreement (2014) between Victoria and the Commonwealth, the following Victorian processes can be accredited:

• EES process
• Advisory Committee process
• Planning permit process.

The Commonwealth Minister for the Environment will make the final decision under the EPBC Act, even if a project is assessed using an accredited state impact assessment process.

Page last updated: 13/09/23