A wind energy facility is defined in clause 73.03 (Land use terms) of the Victorian Planning Provisions (VPP) as:

Land used to generate electricity by wind force. It includes land used for:

1. any turbine, building, or other structure or thing used in or in connection with the generation, of electricity by wind force
2. an anemometer.

It does not include turbines principally used to supply electricity for domestic or rural use of the land.

A wind energy facility requires a transmission or distribution system of power lines, including substations, converter installations, and other works to connect the wind energy facility to the electricity network. While the transmission or distribution system is generally off-site and distant from the wind energy facility, proponents often seek sites close to existing distribution systems.

A planning permit is required to construct any power line or substation connecting the generator to the electricity network if the generator was granted planning approval after 15 March 2019. This applies to all energy generation facilities, not just wind energy facilities.

Wind energy facilities are typically located on sites with steady winds throughout the year, good road access, proximity to the electricity grid and the grid’s capacity (existing and planned). They can vary considerably in size and scale depending on the physical features of the land, the wind resources available, and the grid capacity available.

A wind energy facility typically includes:

• a series of wind turbines
• one or more substations
• power lines to connect to the electricity network
• a temporary construction compound
• wind monitoring equipment, which can include an anemometer
• access tracks, and
• underground cabling connecting the wind turbines to the on-site metered output point from the converter station where the generated electricity will enter the distribution system. This includes connections from the wind turbines to the onsite substations (i.e. an electricity generation, transmission and distribution system where voltage is transformed from high to low, or the reverse, using transformers).

A larger facility may also include:

• a quarry
• concrete batching plant(s)
• an operations and maintenance facility
• a battery energy storage system.

Wind turbines in new wind energy facilities are typically large, rotating, three-bladed machines that produce more than 4.0 MW of electrical output.

Most wind turbines have a generator and rotor blades mounted on top of a steel tower. The rotor blades rotate horizontally, and the turbine’s total site can be as high as 220 to 250 metres.

The Minister for Planning is responsible for administering the Environment Effects Act 1978 and deciding whether an Environment Effects Statement (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.

If an EES is not required the planning permit process will need to be followed. Clause 72.01-1 of the VPP specifies that the Minister for Planning is the responsible authority for considering and determining planning permit applications for the use and development of land for a:

• energy generation facility, which includes a wind energy facility with an installed capacity of 1 megawatt or greater, and

• utility installation used to:
  • transmit or distribute electricity
  • store electricity if the installed capacity is 1 megawatt or greater.

If an EES is required for a wind energy facility, this process must be completed before the planning permit application can be determined. Many wind energy facilities are not required to be considered through the EES process and are assessed through the planning permit processes.

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.

An EES would consider the whole proposal including the wind energy facility and electricity network connection. This approach is preferred as it enables all aspects of the proposal to be considered by the responsible authority and communities.

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.

Consideration is also given to the:

• Amenity of the surrounding area including noise, blade glint, shadow flicker, electromagnetic interference
• Landscape and visual impact
• Flora and fauna
• Aircraft safety
• Construction impacts and decommissioning

A single planning permit application can include the wind energy facility and electricity network connection. This approach is preferred as it enables all aspects of the proposal to be considered by the responsible authority and communities.

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
  • Aboriginal Heritage Act 2006
  • Water Act 1989
  • Heritage Act 2017
  • Wildlife Act 1975
  • National Parks Act 1975
  • Livestock Disease Control Act 1994
  • Flora and Fauna Guarantee Act 1988 (FFG Act)
  • 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.

Here are some useful links for landholders who are considering entering into commercial agreements:

• Australian Energy Infrastructure Commissioner
• Queensland Farmers' Federation Landholder Checklist