1. Purpose and intent of the policy
The purpose of this policy is to ensure a consistent advocacy-based approach for council when it makes any submission to the Minister for Planning regarding planning permit applications for Major Energy Generation Facilities or Environmental Effects Statements (EES) within Moyne Shire Council or within close proximity to its boundaries.
2. Policy objective
- To ensure that council undertakes a consistent process when responding to planning permit applications and EESs being considered for a decision by the Minister for Planning for Major Energy Generation Facilities in or near Moyne.
- To ensure that council continues to advocate for its communities that may be impacted by Major Energy Generation Facilities.
- To clarify the respective roles of the Minister for Planning and council in relation to Major Energy Generation Facilities.
3. Who this policy applies to
Moyne Shire Council.
4. Definitions of key terms and acronyms used within this policy
Minister for Planning
The Minister for Planning is the responsible authority for new planning permit applications for energy generation facilities that are one megawatt or greater.
Major Energy Generation Facilities
Energy generation facilities, projects or developments (renewable and non-renewable) for which the Minister for Planning is the responsible authority.
This includes renewable energy and non-renewable energy facilities such as:
- wind
- solar
- pumped hydro
- gas
- waste-to-energy.
The Minister for Planning is also the responsible authority for new planning permit applications for utility installations, including:
- batteries with capacity of 1 megawatt or greater
- power lines and substations that connect energy generation facilities to the electricity network
- power lines with a capacity exceeding 220,000 volts
- substations exceeding 66,000 volts.
EES
Environment Effects Statement undertaken under the Environment Effects Act 1978.
DTP
Department of Transport and Planning
DFP
Development Facilitation Program. The Minister for Planning has established the DFP to make faster decisions for priority projects. The DFP is an accelerated assessment pathway under Clause 53.22 (Significant Economic Development) of the Moyne Planning Scheme designed for priority projects in identified sectors aimed at injecting investment into the Victorian economy. This includes renewable energy projects with an installed capacity of 1 megawatt or greater, as well as utility installation projects.
5. Policy details
Roles of the minister and council
The Minister for Planning is the responsible authority for planning permit applications in relation to Major Energy Generation Facilities. The Minister for Planning is also responsible for the decision as to whether an applicant must prepare an EES and for the final assessment of an EES.
Council is not the responsible authority for planning permit applications in relation to Major Energy Generation Facilities and does not have a decision-making role in relation to an EES that may be developed for Major Energy Generation Facilities.
However, council may become aware of a planning permit application or EES for Major Energy Generation Facilities, including where the Minister for Planning or the applicant give council notice of:
- a planning permit application that applies to or may materially affect land within council’s municipal district; or
- an EES or proposed EES as part of the scoping, preparation, or public review of the EES.
Council may make a submission
Council may make a submission on a planning permit application or EES for proposed Major Energy Generation Facilities.
If council makes a submission, council will follow the process set out in the Major Energy Generation Facilities Procedure. This process does not provide for community consultation, which reflects that submissions must be prepared within the compressed timeframes that apply to approvals for Major Energy Generation Facilities.
However, council submissions will advocate for the best possible outcomes for its community. In a submission, council will advocate regarding key themes that have been raised by the community in relation to Major Energy Generation Facilities, including:
- cumulative impact
- landscape and visual
- biodiversity, flora and fauna
- setbacks from townships and neighbouring dwellings
- impact on prime farming land
- proliferation of overhead transmission lines
- and other issues of concern by exception.
Council has delegated to the Chief Executive Officer the power to approve council submissions on planning permit applications and Environment Effects Statements relating to Major Energy Generation Facilities for which the Minister for Planning is the responsible authority.
6. Relevant legislation / references
Planning and Environment Act 1987
Environment Effects Act 1978
Major Energy Generation Facilities Procedure
Amendment VC261
7. Gender impact assessment
N/A
8. Human rights commitment
It is considered that this policy is compatible with the rights protected by the Charter of Human Rights and Responsibilities Act 2006.
9. Policy owner
Manager Environment and Energy
10. Document history
Version 2
Reason for change:
- Amendment VC261 gazetted on 4 April 2024, changing the Victoria Planning Provisions and all Planning Schemes in Victoria by expanding the operation of the existing Development Facilitation Program planning provisions that fast-track the assessment of significant economic development by enabling applications for renewable energy facilities and associated utility installation to be assessed.
- The considerable amount of knowledge council has acquired since 2009 about potential energy project impacts on the community.
- Council’s informed advocacy position on major energy projects, developed over the past decade.