What’s changing?
On Friday 12 December 2025, the Queensland Government amended the Planning Regulation 2017 with immediate effect to make standalone battery energy storage system (BESS) developments subject to the new renewables ‘social impact’ planning regime, pursuant to the Planning (Battery Storage Facilities) and Other Legislation Amendment Regulation 2025.
BESS developments that formed part of an overall solar or wind farm had already been caught by the new regime. However, until this recent amendment, standalone BESS developments had been excluded.
While the State Government had foreshadowed the possible inclusion of standalone BESS developments into the new regime, and some local governments had already started providing for such a change, the passing of the amendment regulation came with no further formal public consultation and only one day’s notice.
New requirements
This amendment means that standalone BESS development applications now join wind and solar farms under the new Planning Act 2016 renewables regime that was introduced earlier this year, and will be subject to the following:
1. Social impact assessment & community benefit agreements – For BESS developments above 50MW (maximum output), social impact assessment must be undertaken in accordance with the statutory guidelines and a community benefit agreement (CBA) entered into with each relevant local government before a development application for a BESS can be lodged as properly made (unless an exemption is granted by the chief executive).
2. Impact assessment by the State Government – For any BESS development above or below 50MW that is not accepted development, applications made under the Planning Act for a standalone BESS will now be:
(a) lodged with, assessed and decided by the State Government (via the State Assessment and Referral Agency as delegate for the chief executive), rather than the relevant local government
(b) assessed and decided against the new State Development Assessment Code 27: Battery Storage Facilities, rather than the relevant local planning scheme
(c) subject to mandatory impact assessment, which means that:
(i) any ‘relevant matter’, in addition to or despite of the State Development Assessment Provisions, can be relied upon in making a decision to approve or refuse the application
(ii) the expanded public notification requirements under the updated Development Assessment Rules will apply, such as notices to adjoining owners and those within 1500 m and on community notice boards (although this will only apply to above 50MW BESS developments)
(iii) any person has a right to lodge a properly made submission on the application and appeal the approval of the BESS for determination by the Planning & Environment Court.
3. Conditioning powers – In some circumstances, development approvals granted for standalone BESS above 50MW may be subject to the expanded conditioning powers relating to social impacts.
Transitional provisions
The transitional provisions for BESS developments under the Planning Regulation adopt the same approach that was previously taken to wind and solar farms, such that this new regime:
- will apply to any new applications for a standalone BESS (which is not accepted development) lodged from 12 December 2025
- will treat any existing applications (undecided or undecided (non-minor) change applications) as at 12 December 2025 for a standalone BESS as not properly made or accepted, therefore requiring re-lodgement under the new regime
- may apply to existing development approvals issued before 12 December 2025 for a standalone BESS, if either:
- a non-minor change application is required
- a currency period extension application is required
- will not apply to SDAs and other approval regimes i.e. standalone BESS developments under the State Development Area regime or other regimes like infrastructure designations or authorised under resources authorities. (Although the regime will apply to BESS developments in priority development areas, in the same way as the existing regime).
Implementation of the regime
Much of the new planning regime for renewables remains largely untested in practice.
However, some key local governments, like Western Downs Regional Council and Isaac Regional Council, have released local government policies concerning their intended approach to CBA negotiations that benchmark financial contribution formulae of $150 per MWh per annum for standalone BESS developments. These councils are currently processing a number of social impact assessment and CBA negotiation requests by wind and solar proponents.
What you should do
Proponents of standalone BESS developments will now need to consider the new social impact and CBA processes, guidelines and requirements well in advance of development application lodgement. This will require significant consideration of engagement processes with local government and community stakeholders.
For those proponents with existing BESS development applications that may require changes or currency extensions, careful consideration is needed regarding the relevant criteria, as these applications could, in some cases, trigger the new regime’s application to the development.
If you would like to know more or require advice regarding BESS developments, please contact a member of our experienced planning and environment team.
