Environment and Sustainable Development 5 Minute Fix 48: renewable energy and targets, social and affordable housing

Climate change

VIC: Amendments to emissions reduction and renewable energy targets

The Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2023 was passed by the Victorian Parliament and received assent on 26 March 2024.

This Act, once fully commenced, will amend the Climate Change Act 2017 to change its title, amend emissions reduction targets and will amend the Planning and Environment Act 1987 to mandate consideration of climate change when making particular decisions under that Act.. Part 4 of the Act, which commenced on 27 March 2024, amends the Renewable Energy (Jobs and Investment) Act 2017 to increase the 2030 renewable energy target, introduce a new 2035 renewable energy target and introduce energy storage targets and offshore wind energy targets.

Energy

QLD: Government delivering on climate change action, renewable energy and jobs

On 19 April 2024, the Queensland Parliament passed two significant pieces of legislation which the Queensland Government introduced to deliver direct action on climate change and a clean economy future.

First, there is the Clean Economy Jobs Act 2024, which legislates an emissions reduction target of 30% below 2005 levels by 2030, 75% below by 2035 and net zero by 2050.

Second is the Energy (Renewable Transformation and Jobs) Act 2024 which enshrines into law key commitments from the Queensland Energy and Jobs Plan, including the three renewable energy targets of 50% renewable energy by 2030, 70% by 2032 and 80% by 2035. This Act also:

• enshrines public ownership of all transmission, distribution and deep storage assets, and majority (54%) of generation assets; and
• establishes frameworks to build the Queensland SuperGrid and for Renewable Energy Zones; and
• establishes governance and advisory functions in the Queensland Energy System Advisory Board, Energy Industry Council and Queensland Renewable Energy Jobs Advocate.

QLD: Queensland unveils renewable zone roadmap to connect 22GW of wind, solar, and transition from coal

The Queensland Government has unveiled a roadmap to connect 22 gigawatts of new wind and solar capacity to the grid, aiming to meet its 80% renewables target by 2035. The roadmap identifies potential Renewable Energy Zones (REZs) across 12 locations in the state, focussing on efficient development coordination. Queensland's coal-dependent status contrasts with its ambitious push for renewables. The Callide REZ in central Queensland is expected to be the first official REZ, signalling a significant step in Queensland's energy transition. Future expansions will align with the roadmap and meet rising electricity demand alongside green energy initiatives.

VIC: Region in Southern Ocean designated for use as offshore renewable energy

On 6 March 2024, the Minister for Climate Change and Energy determined that a site covering 1,030km in the Victorian Southern Ocean will be used as an area for generating offshore renewable energy. The Minister's determination was given effect by the Offshore Electricity Infrastructure (Declared Area OEI-01-2024) Declaration 2024.

This particular region is one of six priority locations designated for the development of offshore wind in Australian Commonwealth waters, which is considered suitable for generating wind energy due to:

• the strength and consistency of its winds;
• the area is close to high electricity demand areas and existing grid connections; and
• the existing coal-fired power stations in this area are expected to close in the near future.

It is understood that in considering the 3,285 public submissions, which were received during consultation between June and August 2023, the Minister ultimately declared a smaller section of land to be used for offshore wind than what was originally proposed at the beginning of the consultation process. The Minister also took into consideration other feedback received during the consultation process, such as the need to include buffer zones for the health of marine life, assess the visual impacts of the offshore site, and preserve major commercial fishing areas.

Feasibility licence applications in relation to this site will remain open until 2 July 2024. It is expected that there will also be additional opportunities for community feedback at some point in the future.

Resources

WA: Draft guideline for developing a mining development and closure proposal: have your say

The Department of Energy, Mines, Industry Regulation and Safety is seeking feedback on the draft guideline for developing a Mining Development and Closure Proposal (MDCP). This guideline outlines the content requirements of the MDCP to be established by the MDCP framework in the Mining Amendment Act 2022 (WA) once the operative provisions under that Act commence by proclamation. This framework seeks to reduce duplication and create efficiencies in assessment processes, approval document preparation and monitoring compliance with approvals.

The Mining Act defines a MDCP as a document that details the proposed mining operations to be carried out, the decommissioning and the rehabilitation of the land subject of the mining tenement, the closure outcomes and any other prescribed information which will be prescribed in regulations, along with the content requirements of a MDCP.

Submissions may be made on the draft guideline before Monday, 13 May 2024. See our 19 October 2022 5 Minute Fix for further information on the Mining Amendment Act 2022 (WA).

Sustainable development

The ACT State of the Environment Report 2023 highlights the pressing necessity to prioritise environmental protection in governmental choices. As the ACT's population is anticipated to increase by 70% by 2060, the Report highlights that:

• there is a considerable distance to cover in effectively managing the growth of the city in a sustainable manner; and
• it is imperative that additional residences within Canberra's be constructed within existing urban boundaries and that environmentally harmful repercussions of urban expansion be averted.

Planning

QLD: Strengthening MEDQ's powers for priority development areas: delivering social and affordable housing outcomes

On 20 March 2024, the Queensland Government introduced the Economic Development and Other Legislation Amendment Bill 2024, to strengthen the powers of the Minister for Economic Development Queensland (MEDQ) and make structural changes to EDQ focused on delivering social and affordable housing outcomes. If the bill is passed, MEDQ will gain compulsory acquisition powers for the purposes of providing infrastructure for the benefit of priority development areas (PDAs), or to implement a place renewal framework for a "place renewal area".

The Bill proposes the following key changes to the Economic Development Act 2012 (ED Act):

MEDQ power to acquire land: MEDQ will have reserve powers to acquire land for the purposes of providing infrastructure to service PDAs or provisional PDAs (PPDA). This power is intended to be used as a last resort where the infrastructure is critical for development within a PDA or PPDA to occur.

Place Renewal Areas: MEDQ will have the power to declare a Place Renewal Area where the planning and development of the proposed area involves or is likely to involve a State interest. Within 12 months after the declaration, the MEDQ must prepare a Place Renewal Framework which is a statutory document intended to guide the activities within the Place Renewal Area, alongside other planning instruments such as the development scheme. MEDQ will have the power to acquire land where the acquisition is necessary to give effect to a Framework for a Place Renewal Area.

Directions powers: MEDQ’s current directions powers under sections 127 and 128 of the ED Act enable MEDQ to direct government entities and local governments to accept, provide or maintain critical infrastructure. This Bill clarifies that these powers extend to directing distributor-retailers to support development within a PDA or PPDA.

Social housing: Social housing includes public housing as defined under the Housing Act 2003 and crisis accommodation.

Affordable housing: Affordable housing is housing that is affordable to a particular type of household under criteria prescribed by regulation for the particular type of household.

Development conditions and Housing Agreements: MEDQ's powers will be expanded in relation to development assessment to allow for conditions to require affordable and social outcomes in line with the relevant PDA/PPDA planning instrument. These conditions can relate to social housing, affordable housing or paying an amount in lieu of the supply of social or affordable housing. Housing agreements are another way that developers can offer an alternative solution which would override approval conditions.

The Bill is currently being considered by the Cost of Living and Economic Committee with a report due by 10 May 2024.

Environmental protection

NSW: New legislation to ban offshore drilling and mining passed

In a landmark move positioning NSW as the first state to enforce a prohibition on seabed exploration and mining, the NSW Government has passed legislation to ban seabed petroleum and mineral mining activities along its shores.

The Environmental Planning and Assessment Amendment (Seabed Mining and Exploration) Act 2024 which was passed on 14 March 2024 and upon its commencement it will amend the Environmental Planning and Assessment Act 1979 to prohibit:

• Seabed petroleum and mineral exploration and recovery within NSW coastal waters; and
• Any development within NSW intended for seabed petroleum and mineral exploration and recovery, regardless of location.

Exemptions are included for coastal protection initiatives such as beach nourishment and beach scraping. Beach scraping involves the removal of a layer of sand from the foreshore and its relocation to another area and is a practice utilised to strengthen beaches, dunes, and cliff systems against erosion.

Moreover, specified dredging activities unrelated to mineral exploration or extraction, which are deemed necessary for routine practices with both environmental and economic benefits (including laying pipelines or submarine cables), will be allowed to continue.