Property, Planning & Environment

Riding the winds of change: Tasmania’s new Major Projects approvals pathway for energy projects

20 March 2024

In a significant move aimed at bolstering Tasmania’s renewable energy sector, the Tasmanian Government has unveiled plans for a revamped Major Projects approvals process tailored specifically for renewable energy projects. We understand that it is the intention of the Tasmanian Government to require all renewable energy projects be assessed through this pathway. This initiative, dubbed the “Renewable Energy Approval Pathway” (REAP), will necessitate amendments to the Land Use Planning and Approvals Act 1993 (LUPAA), but is expected to essentially function as the existing Major Projects process.

Components of the REAP include:

  1. a dedicated case management officer for each project provided in the Renewables, Climate and Future Industries Tasmania (RECFIT) and a cross agency team to facilitate a more integrated and coordinated pre-assessment process;
  2. development of sector specific renewable energy information requirement guidelines for the Major Projects process;
  3. more resourcing for regulatory agencies including the Tasmanian Planning Commission, Environment Protection Agency and Aboriginal Heritage Tasmania; and
  4. coordinated pre assessment process, including consideration of the Reserve Activity Assessment and related assessment processes, in parallel to the Major Projects process.

The decision to implement the REAP comes amid some uncertainty surrounding the current Major Projects process. There has only been one project approved through the Major Projects process under LUPAA, being the Bridgewater Bridge. North East Wind and Whaleback Ridge Renewable Energy Windfarm (recently declared by the Minister) are both currently part-way through assessment. Broadly, concerns that have been raised about the current process include:

  1. it lacks accreditation under the Environment Protection and Biodiversity Conservation Act 1999 (Cth);
  2. involvement from local councils in decision-making processes is diminished; and
  3. it can be a lengthier and more time-consuming process.

Despite this, there is undoubtedly a need for a project assessment pathway for large, complex projects in Tasmania, many of which are renewable energy projects. The standard development assessment framework and resource strapped regional councils are not adequately equipped to assess such projects. While the specific amendments proposed to LUPAA are not known, the proposed components will assist proponents and consultants in navigating the regulatory landscape with enhanced guidance and understanding.

It is worth noting that the REAP appears separate from the Development Assessment Panel amendments proposed last year by the Tasmanian Government (see our previous article). These amendments were positioned as a mechanism to expedite the approval process for projects focussed on affordable housing and similar initiatives.

If the Tasmanian Government does require all renewable energy projects to be subject to the REAP, these amendments will be significant. It is imperative that renewable energy proponents and consultants keep abreast of developments and actively engage with relevant authorities for clarification and guidance.

More information on REAP can be found on the RECFIT website – click here