Solar farms and wind farms – Queensland's new regulatory landscape

Karen Trainor, Ian Motti, Megan Duane and Aidan Bryant
05 Aug 2025
3 minutes

Your approvals strategy for wind or large-scale solar projects will need to take the new framework introduced by the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 (Qld) into account.

The new social impact and community benefit amendments proposed to Queensland's planning framework by the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 have now taken effect as of 18 July 2025.

Applicants for wind and large-scale solar development applications must now satisfy additional obligations before their development application can be lodged. The obligations also apply to change applications for existing developments approvals (except minor change). While the changes are intended to benefit communities where wind and solar projects are proposed, they will result in increased time, costs and complexity for project applicants. This article explains some key changes and consequences for wind farm and large-scale solar projects.

Community benefit system now in force

The new community benefit system requires development applications for a material change of use of premises for a wind farm or a solar farm with a maximum instantaneous electricity output of 1MW or more to include:

  • a social impact assessment (SIA) report, which identifies, analyses and assesses the social impact of the development and complies with the requirements prescribed by regulation. It must be prepared in accordance with, and include the matters listed in, the new Social Impact Assessment Guideline; and

  • a community benefit agreement (CBA) with the relevant local government/s about providing or contributing towards infrastructure or another thing for the community, or making a financial contribution to the community.

These requirements apply to new development applications, existing but undecided development applications and change applications (other than minor change applications). In particular, any development applications or change applications made before 18 July 2025 that have not yet been decided are taken not to be properly made and not accepted. In effect, an application for a development application or change application which requires an SIA must restart the application process, and comply with the requirements of the new community benefit system (including the requirement to prepare and provide a SIA report and CBA).

However, the Chief Executive of the Department of State Development, Infrastructure and Planning (SARA) may issue a notice to the applicant stating an SIA or CBA is not required. Additionally, a SIA may not be required in certain instances where the development has undergone an assessment process outside of the Planning Act 2016.

New rules apply even for a minor change to your approval

The Development Assessment Rules (DA Rules) have also been amended so that considerations relating to the social impact of a proposed change to a development are relevant in assessing whether the change is a minor change. Under the updated DA Rules, a change may be considered to be substantially different development if it introduces new social impacts or increases the severity of known social impacts.

Social impact is broadly defined as the potential impact of the development on the social environment of a community in the locality of the development, including the potential impact of the development on:

  • the physical or mental wellbeing of members of the community; and

  • the livelihood of members of the community; and

  • the values of the community; and

  • the provision of services to the community, including, for example, education services, emergency services or health services.

For example a wind farm that interferes with mobile reception and radio reception may result in a social impact involving a community service as referred to in (d) above.

Given the broad definition of social impact, the amendments increase the likelihood that a change application may not qualify as a minor change, and would therefore be required to include an SIA report and CBA.

Solar farms: impact assessable, developments codes

The Planning (Social Impact and Community Benefit) and Other Legislation Amendment Regulation 2025 also contains other amendments that support the changes:

  • Solar farms now impact assessable: development applications for a material change of use for a solar farm are now impact assessable. In effect, development applications for solar farms now require public notification, and are subject to third party submission and appeal rights, increasing the time and risks for obtaining approval; and

  • New solar farm development code: SARA must assess large-scale solar farms and solar farms in a priority development area against the new State Code 26: Solar Farm Development. Smaller scale solar farms will remain assessable by the relevant local government.

Next steps for your wind or large-scale solar project

  • New development applications for wind or large-scale solar projects will need to address the new social impact and community benefit assessment requirements.

  • Consideration of these requirements is also needed for change applications for existing wind farm and large-scale solar developments.

  • The drafting and negotiation of community benefit agreements needs to be considered in any approvals strategy for wind farm and large-scale solar development projects.

  • Legal advice may be needed to ensure that your application satisfies the new requirements for a social impact assessment and community benefit agreement.

Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.