Permits for solar and wind farms

Building a solar or wind farm requires a series of decisions. Planning law determines whether the project is acceptable in spatial terms, energy law whether it can be connected, and private law governs use of the land.

Legal basis

Since 1 January 2024 permits are granted under the Environment and Planning Act. Where the project does not fit the environment plan, an out-of-plan environmental planning activity is required, with the municipal council holding a right of consent in designated cases. Larger projects may require a project decision by the province or the State. An environmental impact assessment, or a screening decision, is often required. For wind farms the environmental standards for noise, shadow flicker and external safety are the sensitive point: in the Nevele ruling of 30 June 2021 the Administrative Jurisdiction Division held that the national standards had to be disapplied because no strategic environmental assessment had been carried out, after which new standards were prepared and municipalities set their own reasoned standards in the meantime. Nature protection under the Act also plays a part, including assessment of effects on birds and bats and, where there is nitrogen deposition, an appropriate assessment.

How it works in practice

Sequence is decisive: secure the land position first with a right of superficies, then apply for the grid connection so that the place in the queue is fixed, and only then start the permit process. Community participation is now a standard element; the Climate Agreement aims at fifty per cent local ownership, which is not a statutory requirement but often reappears as a condition in municipal policy.

Where it goes wrong

Developers start the permit process without a transport indication and find they must wait years for capacity. A second error is a weak nature assessment. Third, participation is organised too late, after which views and appeals delay the project.