New social impact and community benefit requirements begin for large-scale wind and solar development

On July 18 2025, the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 (Qld) (Act) commenced in full, introducing a suite of major planning reforms designed to manage the social impacts of large-scale developments currently prescribed under the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Regulation 2025 (Regulation) (also commencing on 18 July 2025) as:

• a material change of use of premises for a solar farm that has a maximum instantaneous electricity output of 1MW or more; and
• a material change of use of premises for a wind farm.

Coinciding with these legislative amendments, a new version of the Development Assessment Rules also came into effect.

This article outlines key considerations for local governments and renewable energy developers when dealing with new or pre-existing development applications (i.e. those made but not decided before 18 July 2025), including change applications, for large-scale wind and solar farm developments.

It is important to note that additional large-scale developments that will have social impacts could be prescribed in the Regulation in the future to trigger the social impact assessment (SIA) requirements set out below.

What is a social impact?

A social impact, in relation to development that requires a SIA (i.e. a development prescribed by the Regulation), means the potential impact of the development on the social environment of a community in the locality of the development including the potential impact of the development on:

• the physical or mental wellbeing of members of the community;
• the livelihood of members of the community;
• the values of the community; and
• the provision of services to the community (e.g., education, emergency or health services).

Importantly, a social impact can be, positive or negative, direct or indirect or cumulative of the development and other uses.

 What must accompany a development application?

If a development triggers an SIA, the development application or a change application must include the following, unless the chief executive has given notice to the applicant that it is not required:

• an SIA report
• Community Benefit Agreements (CBA) with affected local government authorities.

These requirements are in addition to the usual requirements, such as the application being in the approved form, accompanied by the required documents, required fee and written consent of the land owner (where applicable).

What is a Social Impact Assessment report and Community Benefit Agreement?

Social Impact Assessment report

An SIA report is about the social impact of the development and must:

• identify, analyse and assess the social impact of the development; and
• comply with the requirements prescribed by regulation, including requirements about:
  • assessing the social impact of the development; and
  • consulting with the public in preparing the SIA report.

The Social Impact Assessment Guideline released in July 2025 provides further guidance on what must be included in an SIA report.

Community Benefit Agreement

A CBA is an agreement about providing a benefit to the community in the locality of the development requiring the SIA and how a developer will support local communities. It must be signed with the local government authority where the project is located and any adjacent Local Government Areas identified in the SIA as impacted.

The CBA must include information about the benefit to the community, this information could include benefits such as:

• providing or contributing towards infrastructure or another thing in the community such as a sports facility or library or a training program to upskill members of the community; or
• making a financial contribution to the community such as donating to a fund established for the benefit of the community.

It should be noted that a CBA does not constitute an infrastructure agreement, even if it relates to providing or funding infrastructure.

Where financial contributions are made to a community under a CBA, the relevant local government will be required to report on the receipt and expenditure of any funds received as part of its annual financial statement reporting.

To the extent of any inconsistency:

• a CBA entered into with a public sector entity applies instead of a CBA entered into with a local government (note: the public sector entity must give a copy of the agreement to the local government for the local government area to which the agreement relates); and
• a CBA that relates to a development approval for development requiring SIA applies instead of:
  • an infrastructure agreement that relates to the development approval; or
  • the development approval; or
  • an infrastructure charges notice that relates to the development approval.

When may the chief executive waive the SIA and/or CBA requirement?

The chief executive may give a notice to an applicant of a development application or change application stating that an SIA or a CBA is not required for the application if it is appropriate in the circumstances for the development application or change application to be made without a SIA report or a CBA. In particular, such a notice about a CBA may be given if a SIA report states that the development will not have a social impact or will have a minor social impact only.

When deciding whether to give such a notice, the chief executive may consider any matter they considers relevant and must consider the following matters:

• the location, nature and scale of the development requiring an SIA;
• any social impact assessment carried out by the applicant;
• whether the applicant has engaged with the local government and the community in the locality of the development about the development application or change application, including the outcomes of the engagement;
• whether the applicant and a public sector entity have engaged in a meditation process in relation to the development application or change application, including the outcomes of that process; and
• whether the chief executive has previously given, or been asked to give, a notice about an SIA report or CBA not being required for the application.

What if changes need to be made to an SIA or CBA before the application is decided?

At any time before a development application or change application is decided, the applicant may:

• for an SIA report:
  •  change the report for the application; and
  • provide a copy of the changed report to the assessment manager or responsible entity for the application.
• for a CBA:
  • the parties to a CBA may agree to amend the CBA; and
  • the applicant may give a copy of the amended CBA to the assessment manager or responsible entity for the application.

These changes (provided that they done before the application is decided) will not be considered a change to the application.

There is provision for the referral of the CBA negotiations to mediation at the request of either the local government or the developer, where both parties have agreed to enter negotiations for a CBA or changes to a CBA, but have not yet entered into a CBA or agreed on the changes, respectively.

Decisions and appeals

What cannot be grounds for refusal?

The following matters are not grounds for refusing the relevant application or a part of the relevant application (i.e. development application, change application, change representations and extension application):

• the omission of a CBA; or
• the CBA provided does not adequately managing, mitigating or counterbalancing the social impacts of the development.

Who has appeal rights?

The applicant retains the same appeal rights currently afforded under the Planning Act with respect to refusals and conditions.

Despite third party submitters having appeal rights with respect to certain decisions, it is expressly stated that no such rights are afforded with respect to the following:

• a condition of a development approval imposed which requires compliance with a CBA, relates to the management, mitigation or counterbalancing of a social impact of the development, the monitoring of a social impact of the development or the provision of, or a contribution towards, infrastructure or another thing for a community in the locality of the development (a community benefit condition); or
• a failure to impose a community benefit condition; or

a condition of a development approval imposed under a direction of the chief executive.

What has changed in the Development Assessment Rules?

The most substantive changes to the Development Assessment Rules (Version 3.0) relate to:

• application processes and timeframes for development prescribed by the Regulation as being subject to an SIA;
• tailored public notification requirements for development requiring an SIA, given the size and scale of the development; and
• expansion of what constitutes a ‘substantially different development’ with respect to a development that is prescribed by the Regulation as requiring an SIA. It will now be a substantially different development if it introduces new social impacts or increases the severity of known social impacts.

A summary document has been released to provide a quick overview of the changes.

Next steps for local governments and renewable energy developers

Local governments and renewable energy developers should familiarise themselves with the amendments, including the latest Development Assessment Rules that will now apply to new or pre-existing development applications or change applications made but not decided before 18 July 2025, for large-scale wind and solar farm developments.

If you have questions about how these amendments may apply to you or your renewable energy projects, please contact a member of our team below.

Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Wendy Evans

Nicole Besgrove

Jasmine Matthews

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