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Keeping your dawn raid guidance current
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
Global | Publication | November 2018
The Victorian Government recently released the draft "Solar Energy Facilities – Design and Development Guidelines" (Guidelines) which outline the assessment and development process for large-scale solar energy facilities in Victoria.
The Guidelines were developed following a review of similar guidelines and best practice standards applied across Australia and internationally and on the basis of a recent recommendation of the Planning Panel appointed to consider four solar energy facilities proposed near Shepparton (Shepparton Planning Panel).1
The Guidelines are open for comment until 1 March 2019.
The Guidelines apply to large-scale facilities but not proposals for solar panel arrays that supply energy for an existing use of the land on which they are located.2
The purpose of the Guidelines is to assist proponents and regulatory authorities address the key considerations when planning and assessing solar energy facilities, including relevant government policy, appropriate site location, regulatory requirements, best practice design and development and ensuring effective community engagement to allow for meaningful participation by interested stakeholders.
The Policy, Planning and Legislative Requirements section of the Guidelines provides an outline of some of the important considerations at the pre-application stage of a development including:
The Guidelines note that the potential impacts of solar energy facilities on agricultural land should be considered in the site selection process. All Victorian planning schemes contain strategies to preserve productive agricultural land. The strategies are focused on:
While most rural land is not considered to be strategically significant, when making decisions on the appropriate location of solar energy facilities, the Guidelines suggest that Councils should request that applicants provide an assessment of:
Land serviced by modernised irrigation infrastructure is designated as strategically significant and Councils should refer to the rural water corporations planning applications for solar energy facilities in these locations. Proponents will need to demonstrate that the development will have limited impacts on irrigation infrastructure which supports agricultural production.
The Government is considering providing rural water corporations with a formal referral authority role for non-agricultural developments in areas serviced by the modern irrigation grid. This change would also be complemented by changes to the state planning policies to include a map of the modernised irrigation grid and guidance for decision makers when water corporations provide their input to Council on solar farm applications.
One of the key issues for the Shepparton Planning Panel (in which Norton Rose Fulbright acted for one of the permit applicants) was the appropriateness of four solar farms within the Farming Zone, where substantial parts of the land within this Zone are irrigated and used for agricultural production. The Panel concluded that the four proposed developments would not impact existing and future farming operations and/or the broader irrigation district. The soil types of the subject land were of a lower quality than other areas in the irrigation district with higher value agricultural production.
The local council is the responsible authority under the Planning and Environment Act 1987 (Act) for assessing planning permit applications and granting permits for solar energy facilities. Clause 53.13 Renewable energy facility (other than wind energy facility and geothermal energy extraction) under the VPP sets out the application requirements for proponents and the decision guidelines for the responsible authority to consider in an assessment of a planning permit application for a solar energy facility.
The Guidelines set out the steps for applying for a permit application to construct and operate a solar energy facility under the Act including:
Apart from a planning permit for the construction of a solar energy facility, other approvals and licences may be required under state and federal legislation to remove native vegetation or wildlife, to manage impacts on cultural heritage and matters of national environmental significance and to facilitate road access and utility connections.
The Best Practice Guidance section of the Guidelines provides proponents with suggestions to improve the quality of their applications and minimise impacts on neighbouring land during construction and operation.
Key areas for proponents to consider which are outlined in the Best Practice Guidance section include:
Written submissions on the draft Guidelines can be made via the website of the Department of Environment, Land, Water and Planning.
If you would like further information on the draft Guidelines, require assistance to draft a submission or would like assistance in progressing a planning permit application for a solar energy facility in Victoria, please contact a member of our planning and environment team.
Shepparton Solar Farms Permit Applications (PCI) [2018] PPV 72. Norton Rose Fulbright represented one of the applicants in this Panel hearing.
Victoria, Draft – Solar Energy Facilities – Design and Development Guidelines (2018) 5.
Publication
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
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