Transitioning from PDI to HRE licensing
Transitional provisions provide a streamlined process for existing projects to continue operating and transition to the new licensing framework under the HRE Act. This avoids unnecessary duplication and costs for existing renewable energy operators and applicants who have completed and/or are already engaged in the assessment process under the Planning, Development and Infrastructure Act 2016 (PDI Act) or Development Act 1993.
Transitional provisions are set out at Schedule 1, Part 5 of the HRE Act and regulations 50 and 51 of the HRE Regulations.
Management of existing projects after HRE Act commencement
Existing operators lawfully operating renewable energy infrastructure, or a facility will not require a licence or permit under the HRE Act during the 12 months after the Act commences. They will need to apply for a licence or permit (as relevant) during this period.
New operators who have already applied for or obtained a development authorisation or who otherwise have lawful authority to establish and operate a relevant infrastructure or facility - but have not yet started operating - will not require a HRE licence or permit to complete the development. This includes new operators who have already received endorsement by a State agency under section 131 of the PDI Act to undertake essential infrastructure development prescribed in Schedule 13 of the Planning, Development and Infrastructure (General) Regulations 2017, but have not yet started operating. However, these new operators will require an HRE licence or permit before commencing operation of the relevant infrastructure or facility.
For new operators who have already applied for a infrastructure or facility development when the Act commences, the application will continue to be dealt with under the PDI Act. If the development application is granted, the operator will then be brought under the HRE Act and will need to obtain a licence or permit before commencing operation.
Transitional provisions applying to new operators on designated land (pastoral land, state waters or other prescribed Crown land) only apply if:
- the operator has secured a sufficient right or interest in the land to complete the establishment and operation of the relevant infrastructure on designated land on or before the HRE Act commences; or
- if at HRE Act commencement, the land on which the infrastructure is to be established or operated ceases to be designated land. For example, if land is excised from a pastoral lease and becomes freehold land.
Energy storage systems
The construction and operation of all energy storage systems with a storage capacity of 5MW or greater, and which are connected to the transmission or distribution network, will require a licence as an ‘associated infrastructure activity’ upon commencement of the HRE Act. This includes battery energy storage system (BESS) facilities, as well as pumped hydro, solar thermal and compressed air / water storage facilities.
Existing energy storage projects will be able to make use of the transitional provisions in the HRE Act and Regulations, as set out above. This includes new operators who have already received State agency endorsement for a BESS project under section 131 of the PDI Act and Schedule 13 of the PDI Regulations (and have been exempted from the requirement to obtain development approval), but have not yet started operating. These projects will not require a HRE licence to complete the development, but will require a licence before commencing operation.
Licensing process - transitioning projects
For projects subject to the transitional provisions, a modified licensing process will apply.
To apply for the relevant licence, existing/new operators will need to provide the following:
- a licence application
- an operational management plan (OMP)
- the prescribed fee
Refer to the relevant provisions in the Act and Regulations for guidance. The transitional provisions exclude the need for an approved statement of environmental objectives (SEO).
An OMP must specify:
- the authorised operations proposed to be undertaken
- how proposed authorised operations will be managed, including details of the management systems and controls that will ensure compliance with the Act
- any other information and comply with any other requirements as prescribed by the HRE Regulations.
DEM will consider an approved ‘safety, reliability, maintenance and technical management plan’ under the Electricity Act 1996 and relevant documents required by condition under a development authorisation under the PDI Act to form part of OMP requirements under the HRE Act.
Conditions and compliance
Operational conditions of consent imposed on a development authorisation under the PDI Act, including decommissioning, must be reflected in an OMP or equivalent plan submitted as part of the transitional requirements under the HRE Act.
DEM will assess compliance with these operational conditions under the HRE Act. The remaining conditions for planning and construction will continue to be assessed by Planning and Land Use Services (PLUS) under the PDI Act.
Requirement waivers
Certain notice provisions, work programs and bond/security requirements under the HRE Act are waived for licenses granted or renewed under transitional provisions.
