The NPS-HPL and Solar Farms
Author: Claire Kelly, Planner and Senior Principal, Boffa Miskell Limited
In 2011, the Government gazetted the National Policy Statement for Renewable Electricity Generation (NPSREG). The outcome sought is clear: amongst other matters, generate more energy from renewable resources in locations where it can efficiently connect into the local distribution network. This has been reinforced with the Climate Change Response (Zero Carbon) Amendment Act 2019, which sets a new domestic emissions reduction target to be achieved by 2050.
Over the subsequent years, there have been changes to the type of renewable energy sources that have been pursued, with solar becoming the latest growth area. Large-scale hydro has become harder to consent due to its often significant environmental impacts (battery projects notwithstanding). Further, there are a myriad of projects (especially wind farms) that have been consented and not constructed, although there appears to be renewed interest in these.
However, one more challenge has been added to the mix: the gazetting of the NPS for Highly Productive Land (NPS-HPL) in October 2022, which seeks to limit activities, other than primary production, on highly productive land (HPL). In essence, it seeks to prioritise and support the use of highly productive land for land-based primary production. Consequently, highly productive land is sought to be protected from inappropriate use and development. The NPS-HPL provides for the maintenance, operation, upgrade, or expansion of specified infrastructure (which includes renewable energy generation), if it can be proved that there is a functional or operational need for it to be on HPL. However, the exclusion (deliberate or otherwise) of the terms ‘new’ or ‘establish’ has led to issues in consenting solar farms on HPL.