Ganging up on rural communities – through legislation: Victorian planning provisions 

The Victorian Government and the Wind Industry have got together to gang up on Rural Communities through legislation.

The Victorian Government and the Wind Industry know that Rural Communities will suffer at the hands of wind farms.

So, to prevent legal backlash, they have colluded to legislate against them.

Wind Energy Amendments – Victorian Legislation

Amendment VC261 (gazetted 4 April 2024) expands the operation of the existing Development Facilitation Program (DFP) planning provisions that fast-track the assessment of significant economic development by enabling an application for renewable energy facility, utility installation and associated subdivision to be assessed.

Amendment VC234 (gazetted 4 July 2023) improves the application requirements relating to pre-construction (predictive) noise assessment reports, including by better aligning the pre-construction requirements with the regulatory framework for operational wind turbine noise under the Environment Protection Act 2017.

Amendment VC199 (gazetted 3 February 2022) changes the Victorian Planning Provisions and all planning schemes to align existing provisions with current policy, guidelines and legislation, delete redundant content and correct clerical errors. This includes changing the mandatory noise assessment requirement for an environmental audit report at clause 52.32-4 to require a verification report.

Amendment VC212 (gazetted 13 October 2021) changes the Victorian Planning Provisions and some planning schemes to support the ongoing operation of wind energy facilities and increases the amenity protections for nearby accommodation uses.

Amendment VC206 (gazetted 3 August 2021) changes the Victorian Planning Provisions and all planning schemes by modifying the particular provisions at clause 52.32 to remove the mandatory condition requirement for post construction noise assessment reports, clause 66.03 to make the Environmental Protection Authority a recommending referral authority for an application to amend a permit for a wind energy facility and updated clauses 19.01-2S and 52.32-6 to reflect current policy.

Amendment VC195 (gazetted 11 March 2021) changes the Victorian Planning Provisions and all planning schemes by modifying the particular provision at clause 52.32 (Wind energy facilities) to alter the exemptions for an application to amend a planning permit for a wind energy facility made under section 72 and 97 of the Planning and Environment Act 1987.

Amendment VC192 (gazetted 16 November 2020) changes the Victoria Planning Provisions and all planning schemes to make the Minister the responsible authority for all large energy generation facilities and utility installations.

Amendment VC160 (gazetted 24 January 2020) changes the Victoria Planning Provisions and all planning schemes by clarifying that the mandatory noise assessment and conditions for wind energy facilities do not apply to applications to amend a planning permit where the changes will not alter the noise assessment of the wind energy facility.

Amendment VC161 (gazetted 17 September 2019) changes the Victoria Planning Provisions and all planning schemes to introduce new requirements for renewable energy facilities. The Minister for Planning is now the responsible authority for all new renewable energy facilities and utility installations that are 1 megawatt or greater, including battery storage.

Amendment VC159 (gazetted 8 August 2019) changes the Victoria Planning Provisions and all planning schemes to introduce and revise land use terms. This included amending the definition of ‘Utility installation’ to include transmitting, distributing or storing power, including battery storage.

Amendment VC157 (gazetted 15 March 2019) changes the Victoria Planning Provisions and all planning schemes so that a planning permit is required for a power line or substation required to connect an energy generation facility (including a wind farm) to the electricity network. This does not apply to generators that had planning approval prior to the gazettal of the amendment.

Amendment VC141 (gazetted 21 November 2017) changes the Victorian Planning Provisions and all planning schemes by updating Clause 19.01 and amending Clause 52.32 to reflect changes proclaimed through the Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017 in relation to an amendment to a planning permit for a windfarm. Clause 52.32-8 and 52.32-9 were added to specify that some amendments to called in planning permits for wind energy facilities are exempt from being referred to panel.