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AGENDA ITEM: 3.4

Application No: 010/0011/06 V1KNET Reference: 8646879Applicant: Lincoln Gap Windfarm Pty Ltd

(Wind Energy Solutions Pty Ltd)

Proposal: 1. Variation to previous consent to construct a 59 turbinewindfarm with associated infrastructure. The variation comprisesan increase in turbine height from 124m to 150m, an increase inthe power generation of each turbine from 2.0MW up to 3.3MW,alterations to the approved turbine locations (including anallowance to enable a micro-siting of up to 100m) with no morethan 59 turbines to be constructed; and the installation of two(2) additional 80m high meteorological and wind monitoringmasts on the site. The development is not to be staged.

2. Extension of Development Plan consent for DA 010/0011/06until 31 December 2017, with substantial commencement (of theamended proposal) by 31 December 2015 and a further twoyears to fully complete the development.

Subject Land: Eyre Highway, Lincoln GapRelevant Authority: Development Assessment CommissionRole of the Commission: Development Act 1993: Section 34 (1)(b)(iv): the proposed

development is to be undertaken in a part of the State that isnot (wholly or in part) within the area of a council for which theDevelopment Assessment Commission is the relevant authority.

Zone / Policy Area: Pastoral ZoneCategorisation: MeritNotification: Category 2Lodgement Date: 14 August 2013Council: Out of CouncilsDevelopment Plan: Land Not Within a Council Area (Flinders) Development Plan

(Consolidated 29 November 2012)

Referral Agencies: Mandatory:Environment Protection Authority, Commissioner of Highways,Port Augusta CouncilNon-Mandatory:Department of Defence, Civil Aviation Safety Authority, SACountry Fire Service, Native Vegetation Council

Officers Report: Simon NeldnerRecommendation: 1. Delegate to the Principal Planner - DAC, the authority to grant

Development Plan Consent to DA 010/0011/06 V1.2. Grant an extension to the existing Development Plan consentauthorised under DA 010/0011/06 until 31 December 2017.

1. BACKGROUND

On 6 March 2006, a Development Application was lodged by Wind Energy Solutions Pty Ltd withthe Development Assessment Commission to construct a wind farm comprising 59 wind turbinegenerators and associated infrastructure. This application identified turbines to be situated in thevicinity of Corraberra Hill, Old Man Hill, View Point and Goat Hill, arranged in a linear pattern on

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the western side of the plateau, north of the Eyre Highway at Lincoln Gap, approximately 15 kmswest of Port Augusta.

The application was assessed 'on merit' and underwent Category 3 notification. A total two (2)representations were received. The proposal was also forwarded to the following state agenciesor authorities: Department of Heritage, Native Vegetation Council, Transport SA, AboriginalHeritage, CASA, City of Port Augusta, Outback Area Trust, EPA, Native Title Section (CSO),Department of Administrative Services and the Commonwealth Department of Defence.

At its hearing of 22 June 2006, the Development Assessment Commission resolved to grantDevelopment Plan consent to the proposal, subject to eleven (11) conditions. Since this time, theapplicant has sought to extend this consent on six (6) separate occasions, with a Building Rulesconsent lodged in late 2012, however as there were inconsistencies in this documentation(namely the increased height and type of turbines proposed), a variation application was lodgedin 2013 and is the subject of this assessment report.

Excluding the host landowner, the only recent development authorisation on adjacent land wasgranted to Spencer Gulf Recyclers for consent to undertake a change in land use for the purposeof converting a decommissioned (water storage) tank site to use as a waste tyre recycling andprocessing depot (DA 010/U290/09). The site of this development is on the southern side of EyreHighway (between the Iron Knob turnoff and the entrance to the windfarm site). This landownerwas contacted directly by the Commission and no objection was raised.

The Development Plan consent for DA 010/0011/06 is still valid, having being extended for afurther period of 12 months until 30 June 2014. This application seeks to vary this consent, bothin terms of the nature of the turbines to be constructed, along with the time to commence andcomplete the development. A summary of the key changes are outlined in the following table.

2. APPROVED & VARIATION PROPOSAL

Previous consent Varied application Changes

Construction of a 59-turbinewindfarm development

Construction of a 59-turbinewindfarm development

The total number of turbineshas not changed - howevertheir arrangement across theplateau has been amended, ,with three distinct clusters inthe western, central andnorthern sections. Anadditional allowance of up to100m is also sought for micro-siting purposes.

Turbine height (base to tip):125m

Turbine height (base to tip):150m

Increase of 25m

Turbine height (base to hub):80m

Turbine height (base to hub):89m

Increase of 9m

Rotor Diameter:90m

Rotor Diameter:122m

Increase of 32m

Ground to blade clearance:35m

Ground to blade clearance:38m

Increase of 3m

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Turbine power generation:2.0MW

Turbine power generation:3.3MW

Note: the Alstom ECO1222.7MW model has beensubmitted for illustrativepurposes, as this has thelargest rotor suited for the siteand would have the largesttheoretical impact, howeverany model up to 3.3MW isbeing requested as long as theconditions imposed with thevariation application are met.

This allows the applicant tohave sufficient flexibility toutilise new technology andupdated model designs.

Increase of up to 1.3MW perturbine, with a consequentialincrease of overall poweroutput of 25% for the project(195MW of installed capacity).

The additional noise impactfrom the development isexpected to be 1dB(A). A post-construction noise report willstill be required to besubmitted to the EPA.

Estimated Noise impact atsource [approved: 104dB(A),and variation: 105db(A)].

Total installed capacity:118MW

Total installed capacity:195MW

Increase of 77MW

Native Vegetation clearance Foundation sizes and lay downareas will be slightly largerthan before to install the largermachines at each turbine site.

The applicant has alsoprovided an indicative roadlayout to meet relevant CFSrequirements.

Minor increase in clearanceimpacts, subject to relocationand micro-siting, with anyoffset determined by NativeVegetation Act requirementsand SEB.

Highway upgrades, erosioncontrol measures, siterehabilitation, cessation ofoperations, restrictions onwaste generation and disposaland storage of hazardousmaterials

No change Access to the site will continueto be via a private road (andconnecting service tracks)from the Eyre Highway. Thereis no public access to the site,although the applicant mayexplore an appropriate publicviewing area in the future.

Two meteorological mastswere previously approved andconstructed on the site (atlocations LG01 and LG02) -refer Drawing LGWF_MASTSdated 20 December 2013.

Construction of two (2)additional 80m highMeteorological Masts (atlocations LG03 and LG04)

Previously constructed -retrospective approval sought.

Electricity generated passesvia underground cable tosubstation then to grid

No change No change

Construction timeframe 10months from commencement

Construction timeframe 24months from commencement

Increase of 14 months

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The following documents were submitted in support of the variation planning application, andsupersede (or are additional) to previous technical reports:

Amended site plan, turbine locations and road layout by CATCON Revised Photomontages by OneWind Australia Obstacle Lighting Assessment by Aviation Projects Aviation Impact Statement by IDS Australasia.

A copy of the Decision Notification Form, approved plans and variation proposal are contained inthe ATTACHMENTS.

3. WINDFARMS DPA

On 19 October 2011, the Minister for Planning introduced amendments to fifty-five DevelopmentPlans (via Ministerial amendment) with a view to providing greater clarity and certainty forcommunities and investors about renewable energy development.

The DPA introduced new and amended policies for wind farms and ancillary development at thegeneral (council-wide) level and in zones where such facilities are appropriate and therefore morelikely to be located.

The initial policy changes were placed on interim operation and underwent extensive agency,Council and public consultation. The policies in the DPA recognized wind farm facilities as anenvisaged form of development in some zones of relatively low population densities – such asPrimary Production and Pastoral Zones.

It also recognized that wind farms may need to be located in prominent locations to takeadvantage of the wind required for effective operations.

Following this consultation process, the approved DPA sought to address community concerns:

designating wind farms a Category 2 development except where they include turbineswithin 2km of dwellings or towns and other zones that could be detrimentally affected(such as airfield zones), in which case they default to Category 3.

establishing visual impact management policies that should form part of wind farmdevelopments including, most notably, at least 1km separation between dwellings andturbines and 2km separation between townships and turbines

removing policy that allows wind farms in valuable environmental and scenic areasincluding the Clare Valley, coast and State coastal waters, Conservation Zones, theFleurieu Peninsula, the Flinders Ranges and the River Murray corridor

introducing policy that discourages wind farms in the Barossa Valley and McLaren Vale

adding policy that requires consideration of potential impacts of wind farms and ancillarydevelopment on low altitude aircraft movements associated with agriculture

adding policy that requires consideration of potential consequences of wind turbinegenerator failure

making it clear that wind farms and ancillary development (including wind monitoringmasts) are envisaged in sparsely populated zones such as general farming, primaryproduction and rural zones

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The Statewide Wind Farms Development Plan Amendment (DPA) was approved by the Ministerfor Planning on 12 October 2012. The current variation application was lodged after thefinalization of the DPA, and is being considered under the revised policies.

4. DEVELOPMENT PLAN POLICY SUMMARY

The subject site comprises two (2) allotments and is located within the Pastoral Zone of the LandNot Within a Council Area (Flinders) Development Plan (Consolidated 29 November 2012).

The application is neither complying nor non-complying and will be assessed on its merits.

Pastoral Zone

This zone seeks the preservation of the natural environment and rural character, where thepredominant activity is the grazing of livestock. The establishment of windfarms and ancillaryfacilities (OB3) are specifically envisaged within the Pastoral Zone. These facilities will need to belocated in areas where they can take advantage of the natural resource upon which they relyand, as a consequence, components (particularly turbines) may need to be:

(a) located in visually prominent locations such as ridgelines;(b) visible from scenic routes and valuable scenic and environmental areas;(c) located closer to roads than envisaged by generic setback policy.

This, coupled with the large scale of these facilities (in terms of both height and spread ofcomponents), renders it difficult to mitigate the visual impacts of wind farms to the degreeexpected of other types of development. Subject to implementation of management techniquesset out by general / council wide policy regarding renewable energy facilities, these visualimpacts are to be accepted in pursuit of benefits derived from renewable energy facilities.

General Policies

Region-wide policies of relevance to the assessment include: Form of Development, Movement ofPeople and Goods, Conservation, Appearance of Land and Buildings, Rural Development,Renewable Energy Facilities, Public Utilities, Preservation of scenic, heritage and other values.

Relevant planning policies are contained in APPENDIX ONE.

Public Notification

PDC5 The following kinds of development are assigned to Category 2 in the Pastoral Zone:

Wind farms and ancillary development such as substations, maintenance sheds, access roadsand connecting power-lines (including to the National Electricity Grid) where the base of allwind turbines is located at least 2000 metres from:

(a) an existing dwelling or tourist accommodation that is not associated with the windfarm;(b) a proposed dwelling or tourist accommodation for which an operable development planconsent exists;(c) the boundaries of any Airfield, Airport, Centre, Community, Fringe, HistoricConservation, Home Industry, Living, Mixed Use, Residential, Settlement, Tourist,Township or Urban Zone, Policy Area or Precinct or any Heritage Area (including within thearea of an adjoining Development Plan)

Wind monitoring mast and ancillary development

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The nearest non-host dwelling is located 8.5km from the closest turbine and there is no zoneboundary (on the nominated list) within 2km of the nearest turbine. The development is thereforea Category 2 form of development within the Pastoral Zone.

Copies of the relevant zoning maps are contained in the ATTACHMENTS.

5. DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located next to the Eyre Highway at Lincoln Gap, approximately 15km to thewest of Port Augusta, and is described as follows:

Section / Hundred Road Locality Hundred CT ReferenceS2, Hd of Handyside Eyre Highway Lincoln Gap Handyside CT 6066/920S4, Hd of Handyside Eyre Highway Lincoln Gap Handyside CT 5270/320S18, Hd Handyside* Eyre Highway Lincoln Gap Handyside CR 5761/992

* This land provides access to the site, an undeveloped Crown reserve with telecommunications and fueltransfer infrastructure (under registered easements).

The site measures 17,000 hectares, with the turbines arrayed on a large, relatively flat plateau,varying in elevation from 260m to 304m. Although a single large plateau, it is dissected intothree “arms” by steeply sloping valleys descending into alluvial plains.

The site is used for grazing and, although uncleared, this activity has impacted on the remnantnative vegetation. A network of farm tracks resulting from previous and current grazing activitiesexist on the land.

The site is characterised by a number of steep strike ranges that rise from the plain and compriseplateaus edged by steep escarpments (with deep gullies) and long footslopes. The plateaussupport sparse Chenopod shrubland (mainly Saltbush and Bluebush), whilst the slopes supportMallee and Sheoak woodlands. Red Gum woodland occurs along the gullies and creeklines.

The Eyre Highway and existing gas and water pipelines, railway line and high voltage power linestraverse the Lincoln Gap to the south of the plateau.

An existing 74m high radio communications tower is located on the southern most bluff of theplateau. The tower is owned and operated by the Australian Rail Track Corporation, but also hostsother telecommunications providers: Telstra and Vodaphone.

The plateau is a visually dominant landform which is clearly visible from, and frames the westernskyline of, the town of Port Augusta which lies at the head of Spencer Gulf, 15kms to the east ofthe site.

The nearest host house (uninhabited) is 2.2km from the closest turbine, the nearest host house(inhabited) is 11.5km, and the nearest non-host house is 8.5km (respectively).

No existing easements are affected by the proposal.

Locality and site photographs are contained in the ATTACHMENTS.

6. AGENCY COMMENTS

SA Country Fire Service

No objection. The original proposal was not referred to the SACFS, with the subject land beingwithin a High Bushfire risk area. A number of recommendations have been made in respect toroad construction, turnaround areas, vegetation clearance, fire fighting equipment, emergencyservices information and windfarm staff training. These requirements have been recommended asconditions, noting that the applicant has taken these comments into account in terms of the

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design of the internal road network. One exception, is that the requirement for an additional 10mbuffer on either side of the 5m internal roadway has not been recommended, due to the nature ofthe existing vegetation and the impracticability of this on the steeper terrain – particularly therecommendation to undertake ‘slashing’ to a height of 100mm.

Civil Aviation Safety Authority (CASA)

CASA provided advice on the original application, and with the increase in the overall height ofturbines to 150m and the windfarm being located 13-14 kilometres from Port Augusta Aerodromea new aeronautical assessment was requested. CASA has no specific authority to mandateobstacle marking and lighting of tall structures, located away from certified, registered or certainother aerodromes (regulated), however there is a duty of care to aviators that should beexercised by windfarm operators. Aircraft are permitted to fly as low as 500ft (152m), withturbine heights of 150m creating a potential hazard, whilst wake vortices may also createconditions hazardous to other aircraft. The applicant commissioned updated reports (AviationImpact & Obstacle Lighting) to address these issues - please refer to the assessment section.

Outback Communities Authority (OCA)

No objection.

Department of Defence

No objection: The Commonwealth Government was contacted in respect to potential impacts tomilitary flying operations as well as potential interference to Defence communications and radar.The existing Cultana Training Area is located to the south of the subject land, extending from PortAugusta to Port Bonython, with a large expansion area to Iron Knob in the west.

The windfarm development will not intrude into any areas under the Defence (Areas Control)Regulations (DACR), however tall structures do present a hazard to flight safety for low-levelflying operations. The proposal was also assessed as having only a negligible impact on existingdefence communications and radar facilities in the region.

Following a review of the amended plans, there is no objection to the windfarm proceeding, onlythat final details of the development be forwarded to the Royal Australian Air Force AeronauticalInformation Service (RAAAF AIS) both prior to and following construction. This has beenrecommended as a condition.

Environment Protection Authority (EPA)

Formal written comments are to be provided.

Transport SA (DPTI)

No objection - arterial roads leading to the windfarm site are considered adequate for alltransport needs associated with construction phase of the project, however a junction upgrade(leading into the property) may be required. Additional requirements - in terms of permits,access and aviation safety - should also be reviewed and actioned where appropriate. Twoconditions and five advisory notes have been recommended.

Native Vegetation Council (NVC)

In 2006, the advice of the NVC was received after the original proposal was approved, and sowas not taken into account during the assessment process. The NVC has advised the Commissionthat it requires detailed vegetation surveys of areas to be impacted by the development, toinform decisions about micro-siting to avoid threatened flora and fauna species and minimisevegetation clearance. These surveys should be undertaken in spring and take into account suchanomalies as drought and flood circumstances (and meet regulatory requirements under the

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Native Vegetation Act 1991). Information on potential SEB offsets should also be provided. Theapplicant is supportive of further research for micro-siting and SEB purposes – this work will needto undertaken as part of a reserved matter. Rehabilitation requirements are a condition.

Technical Regulator - Not required

A signed Electricity Declaration Form has been provided by the applicant

SA Emergency Services Radio Network (AGD)

No objection. The nearest network sites are located at Iron Knob, Horseshoe Range and MountLaura. SAGRN requirements include that turbines or other structures do not infringe into the 100Metre (200 Metre wide corridor) along a microwave path. The microwave paths between thesesites – which also rely upon a 1km radius exclusion zone around each site – are not impacted bythe Lincoln Gap windfarm development. Refer to the ATTACHMENTS for DPTI map mark-up.

Minerals and Energy Division (DMITRE)

There are no exploration licences in the area, but an exploration licence application (CurrieResources) covers the south-east portion of the site - however this is still 1.5km from the nearestturbine. The northern portion of the land is covered by another Exploration Licence applicationheld by Areva Resources Australia PL. An Extractive Minerals lease (construction sand - EML5851)is also held by Nutt Brothers Nominees. DMITRE has recommended that the developer consultwith this leaseholder, whom is actually the owner of the land (and host of the windfarmdevelopment). The windfarm footprint also covers two existing Petroleum Exploration Licences,and is in the vicinity of the Moomba to Port Bonython Liquid Fuels Pipeline. Prior to thecommencement of construction, DMITRE has recommended a condition that requires thedeveloper to obtain a written determination from the pipeline operator. This has been included asan advisory note.

Other referrals

No additional information was sought from the Department of Environment, Water and NaturalResources, as the subject land has not changed - only the height and configuration of theturbines - and previous Aboriginal heritage issues has been addressed. Advice provided by theCrown Solicitors Office in March 2006 determined that Native Title rights had been extinguishedon the subject land (from the time perpetual leases were granted in 1892 and 1936 respectively)whilst all parcels have been held in fee simple since 1985.

A copy of the agency comments are contained in the ATTACHMENTS.

7. COUNCIL COMMENTS

The subject land is not within a Council area, however the Port Augusta Council were forwarded acopy of the application, as the eastern boundary of the subject land abuts the council boundary.No comments were received, however the Council previously advised that the wind farm shouldnot infringe on the Obstacle Limitations Surface for the Port Augusta Airport. This has beenconfirmed by the revised Aviation impact assessment.

8. PUBLIC NOTIFICATION

The previous proposal was notified as a Category 3 development, however following changesintroduced in the Statewide Wind Farms DPA (Ministerial) gazetted on 18 October 2012, anddetermining that the base of any wind turbine is at least 2km from an existing dwelling or touristaccommodation that is not associated with the wind farm (and not other operable developmentplan consent exists), this proposal was notified as a Category 2 development.

A total of four (4) representations were received.

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The main issue outlined by the Australian Rail Track Corporation (ARTC) response was toinvestigate potential interference to existing radio communications infrastructure and its twohosted telecommunications (Telstra and Vodaphone) facilities. Both carriers were individuallycontacted by DPTI and no objection was raised to the proposed variation proposal. This issue willbe covered in the assessment report.

The Minister for Transport reconfirmed DPTI's original advice dated 4 October 2013, and has noobjection to the proposal.

Crown lands (DEWNR) raised an issue in respect to a revised access point off the Eyre Highway(west of the Iron Knob turn-off). Access to the highway at this location would have crossedunalienated Crown Land (subject to native title issues), identified as Section 16, Hundred ofHandyside. On being made aware of this issue, the applicant amended the proposal, returning tothe previously approved access point, with. Dwg WAD110846 C01 amended to reflect thischange.

A copy of representations is contained in the ATTACHMENTS.

9. PLANNING ASSESSMENT

An assessment against relevant provisions of the Development Plan for those elementssubject of the variation proposal are provided below:

Land Use

The original consent to establish a 59 turbine windfarm and associated infrastructure on thesubject land is still valid - the use of the land for a windfarm has been approved. The gazettal ofthe Statewide Wind Farms DPA (Ministerial) on 18 October 2012, introduced a greater level ofcertainty for windfarm developers, with policies that are generally more supportive of renewableenergy facilities within defined parameters on the subject land.

These policies acknowledged that windfarms could be: (a) located in visually prominent locationssuch as ridgelines; (b) visible from scenic routes and valuable scenic and environmental areas;and (c) located closer to roads than envisaged by generic setback policy. The proposal isconsistent with these policies (Refer OB3 and PDC2 of the Pastoral Zone), whilst the developmentdoes not inhibit the continuation of low intensity grazing on the land (Refer OB2).

No specific details appear to have been provided in the original application for any substation,this will require a future application, although the site of the substation and constructioncompound has been identified - just to the north of the existing homestead and well within theboundaries of the site.

At the time of the original application, it was proposed that the windfarm development wouldconnect with the existing Davenport – Cultana 275kV line* (via a 275/132kV tee-off substationconnection). This transmission line is situated just to the south of the Eyre Highway alignment,and such is the close proximity, only requires a 2-5km (132kV) line from the wind farmsubstation to ElectraNet's infrastructure. Note: *ElectraNet has three transmission lines in thelocal area: 1x275kV and 2x132kV.

In 2005, ElectraNet provided a general estimate of these development costs (including thesubstations, connections and telecommunications links) of around $19.4m, where the proponentand/or a third-party provider would secure the relevant approvals.

In the original application, the proponent advised that all electrical connections between eachturbine and the on-site transformer compound would be via underground cable, with only anindicative site for the substation (Noted as C1 on Drawing Appendix B(ii), with a related planidentifying an underground connection to the existing electricity grid).

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However, as no detailed plans or documentation were ever submitted for this line or connectinginfrastructure, I have not considered this element in the assessment – the variation applicationand my report is confined the windfarm site. A future application will be required for theseelements. For development on the site, such as further details on the proposed substation andtransformer compound, this has been made a reserved matter (Refer Drawing WAD110846 CO1Rev B dated 5.3.14).

In summary, the proposal remains consistent with current policies that seek to establishrenewable energy facilities in appropriate areas (Refer Council-Wide PDC89-92).

Visual Amenity

There is no significant change to the number wind turbines (59), however the arrangement ofwind turbines on the subject land has been amended - with a greater spacing of turbines acrossthe site (around 0.5km), in a linear pattern (north to south) with three main 'strings' of turbineson the northern, western and central sections of the plateau. The eastern most section (closest toPort Augusta) remains undeveloped.

The general locality is sparsely populated, dominated by a series of mesa and butte landformswith a planted upper surface, to both the north and south of the Eyre Highway at Lincoln Gap.Given the change in turbine height and locations, a series of photomontages were re-produced,these are identified as Viewpoints 1-6 in the variation documentation.

The closet non-host dwelling is located 8.5km away from the nearest turbine, the closest hostdwelling (unoccupied) is located 2.2km away (on the subject site). There are no directly affectedresidents. This is a fundamentally different project – in terms of local population numbers andconcerns over potential impacts - than raised with similar developments at Keyneton and on theYorke Peninsula.

The main urban centre, Port Augusta, is located 15kms to the east, and whilst the turbines will bevisible from surrounding land, in the context of the landscape form and elevation are relativelymodest in terms of their overall scale and appearance. The wind turbines are not situated onopen farmland, such as the CERES project, but rather a complex geological area, characterisedby an imposing topography of mesas and faceted slopes, that effectively screen and reduce anperceptions of the turbine’s actual height, when viewed from public roads and vantage points.

Adjacent to the site, the distance of the nearest turbine to the Eyre Highway is approximately1.5km (Turbine 59), whilst their arrangement across the length of a 10.5km plateau, significantlyminimises the potential for driver distraction (i.e. shadow flicker) and any attendant risks fromblade throw or other hazard (as the windfarm itself is located on private land, not directlyaccessible by the public).

In summary, visual amenity issues - in the context of current policies which acknowledge thevisibility of such imposing mechanical structures - continue to be addressed with the amendedproposal. The arrangement of turbines, across an elevated and undulating landscape, act tominimise views - particularly for those passing through the site (or zone of influence) [ReferCouncil Wide PDC90-91].

Environmental

One of the deficiencies of the original consent was that the advice of the Department of Heritageand the Native Vegetation Council was not fully taken into account. The original applicationdocumentation, whilst providing an initial assessment of native flora and fauna issues, waspreliminary in nature, and further work was recommended – particularly detailed investigationsinto required offsets by the Native Vegetation Council.

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The applicant did respond to the concerns of Heritage, with respect to fauna issues (i.e. birdstrikes, cumulative impacts etc), but operational protocols should be documented in a formalisedConstruction, Environmental Management and Monitoring Plan (CEMMP). It is acknowledged,however, that surveys were undertaken to ensure that, where possible, existing tracks be usedand then redeveloped to project requirements, whilst grazing practices have significantly modifiedthe natural landscape over time.

As the landuse has been approved, there is only limited scope to revisit these matters, but thereare two areas where the Commission can seek additional information, if only to better inform anySEB / rehabilitation requirements and to ensure that micro-siting requirements are imposed thatlimit any additional environmental impact. It is also noted that as the turbines will be larger, andconstructed on a wider footprint, these details can be provided prior to final approval and thecommencement of construction.

As a result, the recommendation includes a reserved matter – that the final location of allturbines, route of all access tracks, and extent of all lay down and other cleared areas (includingfor the construction compound) – should only be determined after a further vegetation andcultural heritage survey has been undertaken to inform the final location of all windfarminfrastructure (i.e. micro-siting).

In addition, a comprehensive Construction, Environmental Management and Monitoring Plan(CEMMP) – to cover the construction and future management of the windfarm development -should be a required minimum. This has been recommended as a condition. This should alsoinclude post-construction monitoring in respect to raptor and other bird strikes and theimplementation of mitigation strategies (if required).

In respect to noise impacts, the EPA is still to provide its response to the Commission, this beingcontingent upon a baseline noise assessment from the applicant being provided. Whilstdiscussions have been held with the EPA, and a further information request issued, these detailsare still outstanding – although when balanced against the information provided to approve theinitial development and the relative remoteness of the site (from potential sensitive receptors),no issues are expected to arise from these investigations.

There are no existing or approved non-host dwellings within 2km of any proposed wind turbine.The closet non-host residence is 8.5km from the nearest wind turbine. In addition, the applicanthas estimated the potential noise difference between turbines – based on the approved (2.0KW)and preferred (2.7KW) manufacturer’s specification – is around 1dB(A) at the source; and atthese levels would meet current EPA requirements (i.e. absolute noise limit of 35dB(A) at a non-involved residence; 40dB(A) at a host residence). Refer to: Lincoln Gap Windfarm - Noise Study -ALSTOM dated 18 June 2014.

The EPA does not have a power of direction for windfarm developments under Schedule 8 (9A) ofthe Development Regulations 2008, but has requested that a noise assessment (incorporatingbackground noise measurements) be undertaken by an acoustic engineer – the previouslysubmitted reports not meeting their further information request from September 2013. Theapplicant has agreed to undertake this work, and then provide a full noise study to the EPA priorto the commencement of construction, along with pos-construction verification.

The EPA’s previous conditions (which were also for regard only), have been attached to the draftrecommendation, and are presented for administrative completeness, however these will beretained, amended or replaced in accordance with the final EPA advice for the variationapplication. The endorsement of the Commission is only being sought for all other planningconditions, on the basis that a delegated decision can be made when final EPA comments arereceived (and are supportive).

In summary, subject to environmental safeguards and operating procedures, the proposalremains consistent with current policies [Refer Council Wide OB20, PDC6, PDC30, PDC50,PDC91].

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Traffic and Access

The advice of the Transport Services Division (DPTI) is largely unchanged, restating arequirement to undertake the necessary roadworks and intersection upgrade at the entrance tothe site. This is the existing property entrance to the former homestead (unoccupied) and grazinglands beyond, with a series of internal dirt tracks to be upgraded to meet construction and SACFS requirements. These specifications and requirements have been incorporated into the revisedrecommendation. The upgrade of any internal roads will also improve access to the ARTC andassociated telecommunications providers located on the southern extent of the plateau.

Safe and efficient access is provided to the Eyre Highway (particularly for oversize vehicles). Theproposal remains consistent with Council Wide PDC14-15.

Aviation Safety

With the increase in wind turbine height to a maximum of 150m from ground level (or up to447m AHD when taking into account local topography), a revised assessment was undertaken inaccordance with potential Obstacle Lighting requirements and Aviation Impact issues.

The following key points are noted:

two (2) certified airports are within 30 nautical miles (nm) of the site (Port Augusta - 9 nmto the east, and Whyalla 27 nm). Quorn airfield is a non-certified airfield located 29 nm tothe east north east. Port Augusta and Whyalla have instrument approach procedures,Quorn does not (and is also not equipped for night flying);

other private airstrips and landing grounds are located within 30 nm of the windfarm site,but pilots operating from these airstrips are responsible for local conditions;

the wind farm will not: penetrate any OLS surfaces / PAN-OPS surfaces nor impact on anynearby designated air routes, but increasing the Lowest Safe Altitude for air route W501by 100 ft to 2500 ft AMSL should be considered;

the windfarm will not have an impact on prescribed airspace (being contained withincontained within Class G airspace - non-controlled), nor should it have an impact on localaviation activities but will require notification to the Civil Aviation Safety Authority (CASA)under Reporting of Tall Structure requirements.

the wind farm is located outside the clearance zones associated with Air Traffic Control(ATC) radar facilities and aviation navigation aids. The nearest ATC radar facility is 150 nmfrom the windfarm site;

CASA has previously advised that there is no regulatory requirement for lighting ofobstacles lower than 150 m AGL that are not within the vicinity of an aerodrome (for thoseobstacles over 150m AGL any requirements can be determined through preparation of anaeronautical study;

there is a relatively low rate of aircraft activity in the vicinity of the wind farm site; no known aerial agriculture operations are conducted at night near the wind farm site; the risk to aircraft from collision with wind turbines or monitoring masts was assessed as

being very low, and no obstacle lighting was required. However, consideration could begiven to marking the wind monitoring tower(s) according to the requirements set out inManual of Standards Part 139 Section 8.10 Obstacle Markings.

The proposed wind farm has been assessed as not having an impact on prescribed airspace and istherefore considered approvable in accordance with the relevant civil aviation regulations, subjectto the notification to CASA of the wind farm being a “Tall Structure”. An advisory note has beenrecommended with these requirements. In addition, the windfarm will not require obstaclelighting to maintain an acceptable level of aviation safety. The proposal meets PDC89(b) andPDC91(d). Note: There is a Department of Defence airfield 5.8 nm distant from the windfarmsite, however this was not taken into account with the aviation impact assessment as theCommonwealth had already advised of no objection to the proposal.

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Telecommunications

The subject land contains an existing 74m high radio communications tower which provides radiocommunications for the ARTC and also accommodates co-located Telstra and Vodaphoneservices. Each of these service providers was directly approached, prior to and during the publicnotification process, with confirmation sought as to any issues with the revised plans. Noobjection was raised by either Telstra or Vodaphone, whilst the ARTC restated their earlier advicefrom 2006, in that no interference should occur to existing radio communications (nor to itshosted providers). It is recommended that the original condition or similar, which requiredremedial action to be taken if an issue were to be identified, continue to be imposed on anyfuture consent, noting that any potential issue only concerns those turbines situated withinseveral hundred metres of the ARTC tower (i.e. Turbines 41, 48 & 55). Further investigationswere also undertaken in respect to the SA Emergency Services Radio Network and no issues wereindentified, as the windfarm does not infringe on existing microwave links [Refer DPTI Map ofcurrent locations of SAGRN stations in region in the ATTACHMENTS).

Mineral Claims and Energy Infrastructure

There are no proposed or working mine sites that will conflict with the operation of the approvedwindfarm development. DMITRE has recommended that the developer consult with thisleaseholder (Extractive Minerals lease [construction sand] EML5851), who is actually the owner ofthe land (and host of the windfarm development). The other exploration licences are within thegeneral vicinity of the development. As a result, no mine management plan has beenrecommended for this development.

The Moomba to Port Bonython Liquid Fuels Pipeline follows the alignment of the Eyre Highwayadjacent to the development site, then heads southwards towards Port Bonython from the IronKnob turnoff. The proposed windfarm infrastructure is well setback from the pipeline alignment,and the only possible conflict is the use of oversize / heavy vehicles during construction that willneed to traverse the registered easement (and over the pipeline) to access the site on theexisting entrance track. This is a construction management issue, and there being no change thatwould affect these assets from the original approval, DMITRE’s requirements have beenrecommended as advisory notes.

10. CONCLUSION

The application relates to a variation to an approved 59 turbine windfarm and associatedinfrastructure, previously approved by the Development Assessment Commission in June 2006.The revised plans and specifications will ensure the existing authorisation can take advantage ofimprovements in wind turbine technology - such as larger generators and rotors – without theconstruction of additional turbines.

The variation proposal seeks to increase overall turbine height from 124m to 150m, an increasein the power generation of each turbine from 2.0MW to a maximum of 3.3MW, alterations to theapproved turbine locations (to enable a micro-siting allowance of 100m); and the installation oftwo (2) additional 80m high metrological and wind monitoring masts on the site. The overallcapital investment is $330m.

The approved location has a number of advantages: (a) utilises land under a single ownership;(b) the closest existing (non-host) residence is 8.5km from the nearest turbine (in a sparselypopulated area); (c) turbines are well setback from allotment boundaries; (d) the site is easilyaccessible from the Eyre Highway; (e) a high voltage transmission line traverses the southernalignment of the Eyre Highway; and (f) the land is only used for low-intensity grazing (andtherefore no direct farming impacts or additional mitigation is required for aerial agriculturaloperations).

There is no special heritage, environmental or conservation matters of concern – subject toappropriate micro-siting, construction and operational safeguards. These have been re-framed as

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conditions of consent. In addition, project benefits include the mitigation of greenhouse gases(e.g. 16.2m tonnes of CO2 emissions per annum), contribution towards meeting the federallymandated Renewable Energy Target (RET) and increasing local construction activity andemployment.

The recommendation has three parts, first that the proposal is not seriously at variance with theDevelopment Plan, as a windfarm (and its ancillary components) is an envisaged land use withinthe Pastoral Zone. The applicant also has a valid consent to undertake these works. Therequirement of a planning authority to consider this matter pursuant to Section 35(2) of theDevelopment Act 1993 has therefore been satisfied.

The second is the recommended reserved matters, conditions and advisory notes if consent wereto be granted to the variation application. These include construction and operationalrequirements, which are standard matters for windfarm developers to address.

The final recommendation relates to a request from the applicant to extend the operative periodof their existing consent until 30 December 2017 (to enable all works to be completed). Thecurrent application – as a variation to the previous consent – does not automatically extend thetime to commence and complete the development.

A detailed discussion of the merits of this request (to extend the operative period of DA010/0011/06) is outlined in Appendix Two, but given the preliminary planning works undertaken,the applicant’s due diligence, supportive changes to planning policy, and the requirement toprovide sufficient time to undertake and complete the amended development, a further extensionto the current consent (which lapses on 30 June 2014) is warranted.

11. RECOMMENDATION

I recommend that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with the policies inthe Development Plan.

2) That subject to supportive Environment Protection Authority advice, the final decision togrant Development Plan Consent to Development Application 010/0011/06 V1 by LincolnGap Windfarm Pty Ltd, for a variation comprising an increase in turbine height from 124mto 150m, an increase in the power generation of each turbine from 2.0MW up to 3.3MW,alterations to the approved turbine locations (and to enable a micro-siting allowance of100m) with no more than 59 turbines to constructed; and the installation of two (2)additional 80m high meteorological and wind monitoring masts on the site; be delegated tothe Principal Planner - DAC, subject to the following reserved matters, conditions andadvisory notes (except where otherwise advised by the EPA):

Reserved Matters

1. Pursuant to Section 33 (3) of the Development Act 1993, the following matters shall bereserved for further assessment, to the satisfaction of the Development AssessmentCommission, prior to the granting of Development Approval:

a. the final design, specification and layout plan of all wind turbines, wind monitoringmasts, underground cables, internal access roads and ancillary infrastructure;

b. the final design, specification and layout of any temporary construction, transformerand/or control compound - including all buildings, infrastructure, fencing,landscaping, earthworks, and proposed access points to the arterial road network.

Note: The above details must be informed by a comprehensive flora and fauna study to enable the finallayout and siting of wind farm infrastructure to ensure environmental impacts are minimised and enable

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appropriate off-set and rehabilitation requirements to be considered and implemented in accordance withstate legislation and Planning Conditions 6, 7 & 8.

Planning Conditions:

1. Except where minor amendments may be required by other relevant Acts, or byconditions imposed by this application, the development shall be established in strictaccordance with the details and plans, including the amended plans as submitted inDevelopment Application No 010/0011/06 V1 including:

Amended Plans & Documentation

Met Mast Locations Drawing LGWF_MASTS dated 20 December 2013 Turbine Layout 1 of 3 Drawing WAD110846 C01 Rev B dated 5 March 2014 Turbine Layout 2 of 3 Drawing WAD110846 C02 Rev A dated 13 December 2013 Turbine Layout 3 of 3 Drawing WAD110846 C03 Rev A dated 13 December 2013 Photo Montage Index Map Project 13-005 dated 4 December 2013 View Points 1-6 Project 13-005 dated 4 December 2013 Lincoln Gap - Wind Turbine Noise Contours dated June 2013 Platform Crane Eco 122 Tower 89m Drawing 12000101 Mast Layout Project Drawing DRW130156-2 Rev 2 Mast Section Elevation Job No 130156-2 Issue P1 Mast Assembly Layout and Guy Anchor Footing Plan Job No 130156-2 Issue P1 General Mast Layout and Footing Sections Job No 130156-2 Issue P1 Lincoln Gap Windfarm - Schedule of Coordinates - Turbines and Met Masts Letter from Paul Stangroom (LGWF PL) to DAC dated 20 December 2013 Alstom ECO 122 - General Description and Specification dated 2 February 2012

Supplementary Reports

Obstacle Lighting Assessment prepared for Lincoln Gap Windfarm Pty Ltd - Aviation Projects- 12 May 2014

Aviation Impact Statement - Lincoln Gap Windfarm, South Australia - IDS Australasia DOCno. MA-001-FM4 - 9 May 2014

Lincoln Gap Windfarm - Noise Study - ALSTOM dated 18 June 2014

2. No wind turbine constructed on the subject land shall exceed a maximum height (fromground level to tip height) of 150 metres, with the maximum number of installedturbines being fifty-nine (59).

3. The total installed generating capacity of the windfarm development shall not exceed195 Megawatts (MW) and no individual turbine shall exceed 3.3 Megawatts (MW).

4. That clearance of or damage to native vegetation on the site or adjacent public roadsfor access during construction shall be minimised.

5. The wind farm shall be designed and operated in a manner so as to not interfere withexisting telecommunication facilities. This shall be confirmed by post-operationalmonitoring to be conducted by a qualified consultant within six months of wind farmcommissioning. If post-operational monitoring confirms a diminution of or interruptionto pre-development service levels, the implementation of any on or off-site mitigationmeasures for affected receivers shall be at the cost of the developer.

6. A Rehabilitation Plan for the site, including options for environmental offsets and amanagement program (to be undertaken during the operational life of the project) andend-of-project decommissioning works (to outline the extent of reinstatement andrestoration activities upon the removal of the wind-farm and associated infrastructure),shall be submitted for approval by the Development Assessment Commission prior tocommencement of construction. Note: The Native Vegetation Council should beconsulted in the preparation of this plan.

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7. A Construction, Environmental Management and Monitoring Plan (CEMMP) for theconstruction and operational phases of the development shall be prepared andapproved by the Development Assessment Commission prior to the commencement ofconstruction and include (but not be limited to) the following elements:

Air quality and dust management Flora and fauna management* Indigenous and non-indigenous heritage management Traffic and access Erosion and stormwater management Waste management Storage and handling of hazardous substances Weeds and pest management Water quality management Emergency and fire management Operational water usage Maintenance processes Emergency response planning

*This plan shall also include an on-going monitoring and mitigation protocol in respectto raptor and other bird species that may be impacted by the development.

8. Following the completion of construction works on-site, the tracks and disturbed areas(excluding those used for ongoing access and maintenance) must be rehabilitated andbare areas revegetated as soon as possible, taking advantage of natural rainfall, whichis mostly between May and September. If bare areas are still present at the end ofspring, they must be temporarily protected and stabilised by geotextile matting or othersuitable methods, until they can be effectively revegetated.

9. Prior to the construction of the approved turbine layout, a cultural heritage survey shallbe undertaken to ensure that no sites of indigenous heritage are damaged through theinstallation of the wind farm and associated infrastructure (including associatedearthworks and road construction).

10. The final design positions of all turbines and meteorological monitoring masts (includinglocation and height details) shall be provided to the Royal Australian Air ForceAeronautical Information Service (RAAAF AIS) prior to the commencement ofconstruction. Following construction, an 'as constructed' report shall be completed andforwarded to the RAAF AIS (www.raafais.gov.au/obstr_form.htm).

11. All state-agency or utility maintained infrastructure (i.e. roads, kerbs, drains,crossovers, cabling, pipe work etc) that is demolished, altered, removed or damagedduring the construction of the project shall be reinstated to state agency or utilityspecifications. All costs associated with these works shall be met by the developer.

EPA Conditions - Previous

12. That should any further variations to the assessed wind turbine layout or turbine modelbe made, a report must be prepared by a specialist noise consultant on behalf of theproponent and submitted to the Development Assessment Commission for approvalprior to construction commencing.

13. That post-construction measurement of noise levels shall be carried out by a specialistnoise consultant in accordance with EPA guidelines in place at that time. Confirmationof compliance with these guidelines shall be submitted to the planning authority withintwo months of the commissioning of the wind turbine installation. The report must alsodemonstrate compliance with the assessed sound power levels and confirm that tonalityeffects in accordance with IEC 61400-11are not present.

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14. That an erosion control plan must be prepared to the reasonable satisfaction of theDevelopment Assessment Commission prior to construction commencing on the site,and must be implemented as one of the environmental management measures for thesite.

15. That following construction of the wind farm and individual components thereof, all sitework areas, including access roads not required for on-going maintenance, shall berehabilitated including replanting with indigenous plant species or other suitable soilbinding species and by nurturing plantings at all times to the reasonable satisfaction ofthe Development Assessment Commission.

16. That upon cessation of the use hereby approved, the owner/operator must remove thewind turbines and other above and below ground infrastructure from the subject land,and all pad areas and access roads shall be reinstated and the land restored to thereasonable satisfaction of the Development Assessment Commission.

17. That there shall be no on-site burial of waste materials.

18. That fuels, chemicals, lubricants and any other dangerous/hazardous materials likely tocause environmental harm must be contained on-site in an appropriately designedcontainment facility.

Transport – DPTI Conditions

19. All road works shall be designed and constructed to the satisfaction DPTI, with allassociated costs to be borne by the applicant. Prior to undertaking the required roadworks, the applicant shall contact this DPTI’s Northern & Western Region, Planning UnitManager, Mr Bob Bemmerl on ph. (08) 8648 5234 or mobile 0417 815 703 (or emailbob.bemmerl@sa.gov.au) to discuss permitted hours of disruption to traffic flows andtechnical requirements for works on or adjacent to a DPTI maintained road.

20. All necessary over dimensional permits shall be obtained for the construction phase ofthe project.

SA Country Fire Service Conditions

21. The proponent/wind farm operator must engage with relevant Managers/Officers at CFSRegion offices, when designing, installing and operating the wind farm to ensure thatCFS response processes are not compromised.

22. The following SA Country Fire Service (SACFS) requirements shall be incorporated intothe design of the wind farm (and ancillary infrastructure) and shall be documented inthe final CEMP and implemented during the on-going operation for the development:

(a) Access will be necessary for fire-fighting vehicles at all times, including duringthe assembly and erection phases. Access roads on the project site will be builtto the following specifications:

Minimum width of 5 metres; Shall be all weather construction and surfaces Gradients shall not generally exceed 16º slope Crossovers on any water course shall be constructed to support a minimum

15 tonne vehicle. Curves shall have an inside radii of 9 metres minimum. Dead end access roads shall have a 25 metre diameter all weather

turnaround, or a “Y or T” shaped turnaround area with each leg being no lessthan 17 metres long.

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(b) Tower sites are to be cleared of all flammable vegetation for an area of 40metres by 40 metres during the construction phase, and maintained postconstruction phase during subsequent/each Fire Danger Season, to the samedimensions of 40 metres by 40 metres. This will allow an appropriate turnaround for vehicles at tower sites.

(c) During any Fire Danger Season whilst the wind farm is being constructed, thefollowing fire-fighting equipment at a minimum must be readily available at alltimes at each construction site, and mounted on an appropriate 4 x 4 vehicle:

2000 litres of firefighting water One 5hp firefighting pump 2 x 30 metre x 19mm fire hose reels with spray/jet nozzles 4 x firefighting knapsacks 4 x rakehoes 4 x long handled shovels 2 x 9 litre stored water pressurized extinguishers 2 x 9kg dry powder extinguishers

This equipment shall then be maintained and replaced (as required) for the lifeof the project and available for deployment (at all times) during the Fire DangerSeason.

(e) During the construction phase and ongoing maintenance processes into thefuture, the local emergency services must be provided with:

Tower identification mapping Security gate numbers and key sets Wind Farm Company all-hours emergency contact telephone numbers

(f) All company staff that are likely to respond into the project area, must beprovided at a minimum with the following equipment:

Reliable radio or telephone (mobile) communications to enable contact fromsite to emergency services.

Crews receive bushfire and other emergency reporting training, and haveavailable at all times a contact and procedures manual.

A working knowledge of and be compliant with SA Country Fire Servicelegislation (use of tools during the Fire Danger Season) and contacts for fireban advice (CFS and local government).

Advisory Notes:

a) You have a right of appeal against the conditions which have been imposed on thisDevelopment Plan Consent or Development Approval.

b) Such an appeal must be lodged at the Environment, Resources and Development Courtwithin two months of the day on which you receive this notice or such longer time asthe Court may allow.

c) Please contact the Court if you wish to appeal. The Court is located in the Sir SamuelWay Building, Victoria Square, Adelaide, (telephone number 8204 0300).

d) The applicant is reminded of its general environmental duty, as required by Section 25of the Environment Protection Act 1993, to take all reasonable and practical measuresto ensure that the activities on the whole site, including during construction, do notpollute the environment in a way which causes or may cause environmental harm.

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e) Any information sheets, guidelines documents, codes of practice, technical bulletins etc.that are referenced in this response can be accessed on the following web site:http://www.epa.sa.gov.au/pub.html

f) Please refer to DA 010/0011/06 for the operative period of planning consent - includingsubstantial commencement and project completion dates.

g) Development Approval will not be granted until all reserved matters are satisfied and aBuilding Rules Consent has been obtained. A separate application must be submittedfor such consents. No building work or change of classification is permitted until theDevelopment Approval has been obtained.

h) For the purposes of Conditions 12 and 13 a specialist noise consultant is taken to beone eligible for membership of both the Institution of Engineers Australia and theAustralian Acoustical Society.

i) The applicant is reminded of its general environmental duty, as required by Section 25of the Environment Protection Act, to take all reasonable and practical measures toensure that the activities on the whole site, including during construction, do not pollutethe environment in a way which causes or may cause environmental harm.

j) Prior to the commencement of construction, the developer is advised to:

Obtain a written determination from the operator of the Moomba to Port Bonythonpipeline as to (a) whether the development has the potential to impact complianceof the pipeline with AS 2885 and (b) where there is potential impact on pipelinecompliance, whether a Safety Management Study conducted in accordance with AS2885 will be required.

Participating in a Safety Management Workshop if such a workshop is required Reaching Agreement with the operator of the Moomba to Port Bonython pipeline to

address any actions resulting from the Safety Management Study to ensure thepipeline continues to comply with AS 2885

Complying with the conditions of the relevant easement.

k) Prior to the commencement of construction, a temporary Notice to Airmen (NOTAM) willneed to be issued to cover the construction of the windfarm. The AirservicesAeronautical Information Service (AIS) at docs.amend@airservicesaustralia.com mustbe advised of the location of turbines and height AHD data to enable all pilots to bewarned. A permanent NOTAM will need to be issued on completion of the windfarm.

l) The applicant should liaise with relevant aviation authorities to ensure that the LowestSafe Altitude for air route W501 be increased from 2400 ft AMSL to 2500 ft AMSL toallow for possible errors in ground elevation and physical survey errors. In addition, anote must be placed in the Port Augusta ERSA FAC entry indicating the proximity of thewind farm to the airfield.

m) If, during construction or operation of the development, the proponent discoversevidence of an aboriginal site or any aboriginal objects or remains, the proponent isrequired, pursuant to the Aboriginal Heritage Act, 1988, to report particulars to of suchdiscovery to the Minister for Aboriginal Affairs and Reconciliation and thereafter complywith any directions given by the Minister Aboriginal Affairs and Reconciliation.

n) The applicant is reminded of the Civil Aviation Safety Authority requirements in respectof aircraft safety associated with the turbine structures.

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o) The applicant is reminded of the requirement under the Native Vegetation Act 1991 toobtain permission under that Act for any clearance of native vegetation or otherwise tobring itself within an exemption under that Act.

p) The applicant is reminded of the requirement under the Environment Protection &Biodiversity Conservation Act 1999 to make a referral pursuant to the Act if any activityis likely to affect any matters of National Environmental Significance, such asthreatened communities or species of native vegetation and fauna.

q) The applicant should contact DPTI Vehicle Permits Team on telephone 1300 882 249 toidentify the requirements for the oversize vehicle permits for the construction phase ofthe wind farm.

r) The proponent should comply with the National Airports Safeguarding FrameworkGuideline D, “Managing the risk to aviation safety of wind turbine installations (windfarms)/wind monitoring towers”. The guideline is published on the web at;http://www.infrastructure.gov.au/aviation/environmental/airport_safeguarding/nasf/index.aspx

s) The proponent should provide details of the of the turbines, their locations and heightsto the Department of Defence in accordance with the CASA Advisory Circular AC 139-08(0) published on the web at;http://www.casa.gov.au/scripts/nc.dll?WCMS:OLDASSET::svPath=/rules/1998casr/139/,svFileName=139c08.pdf

t) The proponent should provide details of the location, dimensions and height of theturbines to the Aerial Agricultural Association of Australia on the following details:

Mail: PO Box 353MITCHELL ACT 2911Phone: 02 6241 2100 or 02 6241 2500Fax: 02 6241 2555Email: admin@aerialag.com.au

u) Further to the previous information provided in relation to Civil Aviation SafetyAuthority (CASA) notifications, due to the potential increase in height the proponentmust notify CASA of the proposed height and location of the proposed wind farmturbines, where the turbines are more than 110m high. Additional requirements may berequired by CASA.

3) RESOLVE that the operative date of planning consent for Development Application010/0011/06 be extended until 31 December 2017, with substantial commencement (onthe site) not later than 31 December 2015, with the project fully completed by 31December 2017.

…………………………………………………............Simon NeldnerPRINCIPAL PLANNING OFFICERSTATUTORY PLANNING BRANCH (DPTI)19 June 2014

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APPENDIX ONE - PLANNING POLICIES

The Objectives and Principles of Development Control in the Development Plan most relevant tothe assessment of the application are outlined as follows. These are contained in the Land NotWithin a Council Area (Flinders) Development Plan (Consolidated 29 November 2012).

PASTORAL ZONE

Objective 1: The preservation of the natural environment and character of the zone.

Objective 2: A zone in which the predominant activities are those which relate to the grazing oflivestock.

Objective 3: Accommodation of wind farms and ancillary development.

Wind farms and ancillary development such as substations, maintenance sheds, access roads andconnecting power-lines (including to the National Electricity Grid) are envisaged within the zoneand constitute a component of the zone's desired character. These facilities will need to belocated in areas where they can take advantage of the natural resource upon which they rely and,as a consequence, components (particularly turbines) may need to be:

(a) located in visually prominent locations such as ridgelines;(b) visible from scenic routes and valuable scenic and environmental areas;(c) located closer to roads than envisaged by generic setback policy.

This, coupled with the large scale of these facilities (in terms of both height and spread ofcomponents), renders it difficult to mitigate the visual impacts of wind farms to the degreeexpected of other types of development. Subject to implementation of management techniquesset out by general / council wide policy regarding renewable energy facilities, these visual impactsare to be accepted in pursuit of benefits derived from increased generation of renewable energy.

PRINCIPLES OF DEVELOPMENT CONTROL

The principles of development control expressed in this section are additional to those whichapply in the whole of the land not within the area of a council.

1 Development should not impair the natural or scenic features of the Pastoral Zone.

2 Wind farms and ancillary development should be located in areas which provide opportunity forharvesting of wind and efficient generation of electricity and may therefore be sited:

(a) in visually prominent locations;(b) closer to roads than envisaged by generic setback policy.

5 The following kinds of development are assigned to Category 2 in the Pastoral Zone:

Wind farms and ancillary development such as substations, maintenance sheds, accessroads and connecting power-lines (including to the National Electricity Grid) where thebase of all wind turbines is located at least 2000 metres from:

(a) an existing dwelling or tourist accommodation that is not associated with thewind farm;(b) a proposed dwelling or tourist accommodation for which an operabledevelopment plan consent exists;(c) the boundaries of any Airfield, Airport, Centre, Community, Fringe, HistoricConservation, Home Industry, Living, Mixed Use, Residential, Settlement, Tourist,

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Township or Urban Zone, Policy Area or Precinct or any Heritage Area (includingwithin the area of an adjoining Development Plan)

Wind monitoring mast and ancillary development

FLINDERS

Form of Development

Objective 1: Orderly and economic development.

Objective 2: A proper distribution and segregation of living, working and recreational activitiesby the allocation of suitable areas of land for those purposes.

Movement of People and Goods

Objective 12: A road network of a standard that enables safe and comfortable travel betweenmajor centres and gives access to popular resorts.

Objective 13: The maintenance of the natural and scenic qualities of the region by having specialregard to the location of roads and the accessibility they provide.

Objective 14: The protection of the amenity and environment of the ranges by the managementof recreation activities.

Objective 15: The free flow of traffic on roads by minimising interference from adjoiningdevelopment.

Conservation

Objective 17: The conservation of the quality of the environment within the Flinders Ranges.

Objective 18: The conservation, preservation and enhancement, of scenically attractive areas,including land adjoining water or scenic routes.

Objective 19: The preservation of trees of historical, ecological, or particular visual, significance.

Objective 20: The preservation of buildings or sites of architectural, historical or scientificinterest.

Objective 21: The retention of environmentally significant areas of native vegetation.

Objective 22: The retention of native vegetation where clearance is likely to lead to problems ofsoil erosion, soil slip and soil salinization, flooding, or a deterioration in the quality of surfacewaters.

Objective 23: The retention of native vegetation for amenity purposes, for livestock shade andshelter, and for the movement of native wildlife.

Appearance of Land and Buildings

Objective 25: The amenity of localities not impaired by the appearance of land, buildings andobjects.

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Rural Development

Objective 26: The retention of rural areas for agricultural and pastoral purposes and themaintenance of the natural character and rural beauty of such areas.

COUNCIL WIDE

Renewable Energy Facilities

Objective 18: Development of renewable energy facilities that benefit the environment, thecommunity and the state.

Objective 19: The development of renewable energy facilities, such as wind farms and ancillarydevelopment, in areas that provide opportunity to harvest natural resources for the efficientgeneration of electricity.

Objective 20: Location, siting, design and operation of renewable energy facilities to avoid orminimise adverse impacts on the natural environment and other land uses.

PRINCIPLES OF DEVELOPMENT CONTROL

89 Renewable energy facilities, including wind farms and ancillary development, should be:

(a) located in areas that maximize efficient generation and supply of electricity; and

(b) designed and sited so as not to impact on the safety of water or air transport and theoperation of ports, airfields and designated landing strips.

Wind Farms and Ancillary Development

90 The visual impacts of wind farms and ancillary development (such as substations,maintenance sheds, access roads and wind monitoring masts) should be managed through:

(a) wind turbine generators being:(i) setback at least 1000 metres from non-associated (non-stakeholder) dwellingsand tourist accommodation(ii) setback at least 2000 metres from defined and zoned township, settlement orurban areas (including deferred urban areas)(iii) regularly spaced(iv) uniform in colour, size and shape and blade rotation direction(v) mounted on tubular towers (as opposed to lattice towers)

(b) provision of vegetated buffers around substations, maintenance sheds and otherancillary structures.

91 Wind farms and ancillary development should avoid or minimise the following impacts onnearby property owners / occupiers, road users and wildlife:

(a) shadowing, flickering, reflection or glint(b) excessive noise(c) interference with television and radio signals and geographic positioning systems(d) interference with low altitude aircraft movements associated with agriculture(e) modification of vegetation, soils and habitats(f) striking of birds and bats

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92 Wind turbine generators should be setback from dwellings, tourist accommodation andfrequently visited public places (such as viewing platforms) a distance that will ensure that failuredoes not present an unacceptable risk to safety.

PRINCIPLES OF DEVELOPMENT CONTROL

Form of Development

1 Development should be orderly and economic.

6 Development should not:

(a) cause or promote erosion;(b) cause or promote the silting of watercourses;(c) create any unstable embankment or cutting; or(d) create a major alteration to surface or sub-surface hydrology.

10 All roads, tracks, pipelines and power supplies should, as integral parts of a development,conform to the same principles.

Movement of People and Goods

14 Development and associated points of access and egress should not create conditions thatcause interference with the free flow of traffic on adjoining roads.

15 Development should include appropriate provision on the site to enable the parking, loading,unloading, turning and fuelling of vehicles.

Public Utilities

17 Buildings associated with the supply and maintenance of public utilities should be sitedunobtrusively and landscaped.

18 The routes of electricity transmission lines and other public utilities should be designed toensure minimal adverse environmental impact.

Conservation

26 Development in areas which are scenically attractive or of natural significance should enhancethose areas or assist in their conservation or preservation.

28 Native vegetation should not be cleared if it:

(a) provides important habitat for wildlife;(b) has a high plant species diversity or has rare or endangered plant species and plantassociations;(c) has high amenity value;(d) contributes to the landscape quality of an area;(e) has high value as a remnant of vegetation associations characteristic of a district orregion prior to extensive clearance for agriculture;(f) is associated with sites of historical, scientific, archaeological or cultural significance; or(g) is growing in, or is characteristically associated with, a wetland environment.

29 Native vegetation should not be cleared if such clearance is likely to:

(a) create or contribute to soil erosion;(b) decrease soil stability and initiate soil slip;

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(c) create, or contribute to, a local or regional soil salinity problem;(d) lead to the deterioration in the quality of surface waters; or(e) create or exacerbate the incidence or intensity of local or regional flooding.

30 When clearance is proposed, consideration should be given to:

(a) retention of native vegetation for, or as,(i) corridors or wildlife refuges;(i) amenity purposes;(iii) livestock shade and shelter; or(iv) protection from erosion along watercourses and the filtering of suspendedsolidsand nutrients from run-off;

(b) the effects of retention on farm management; and(c) the implications of retention or clearance on fire control.

31 Development should not impair the character of bushland areas and wildlife habitats.

32 Development should not lead to or result in either the over-exploitation of pollution of a watersource.

33 Development should not impair the character or nature of buildings or sites of architectural,historical or scientific interest, or sites of natural beauty.

34 Buildings and sites of architectural, historical of scientific interest should be preserved.

Appearance of Land and Buildings

35 The appearance of land, buildings and objects should not impair the amenity of the locality inwhich they are situated.

Preservation of scenic, heritage and other values

50 Development should not result in the disturbance or the devaluation of sites of heritage,cultural, scientific or educational significance.

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APPENDIX TWO - REQUEST FOR AN EXTENSION OF TIME - DA 010/0011/06

BACKGROUND

On 10 June 2014, Dr Paul Stangroom (on behalf of Lincoln Gap Windfarm Pty Ltd) wrote to theDevelopment Assessment Commission requesting an additional extension of time to their planningconsent under DA 010/0011/06 which will lapse on 30 June 2014. A further 2½ year period hasbeen requested, which substantial commencement by 31 December 2015 and project completionby 31 December 2017.

The approved development was for the construction of 59 turbine windfarm with associatedinfrastructure adjacent to the Eyre Highway at Lincoln Gap.

The original approval was granted on 22 June 2006 and a total of six (6) additional extensionshave been granted under delegated authority. The current extension lapses on 30 June 2014.

The original approval was subject to eleven (11) conditions

Legislative Provisions

The legislative provisions outlining the power of a relevant planning authority to extend aplanning consent or approval are outlined in Section 40(3) of the Development Act 1993 andRegulation 48 of the Development Regulations 2008.

s.40 - Determination of application

(2) A development authorisation under this Division remains operative for a period prescribedby the regulations.

(3) A relevant authority may, on its own initiative or on the application of a person who hasthe benefit of any relevant development authorisation, extend a period prescribed undersubsection (2).

r.48—Lapse of consent or approval

(1) Subject to this or any other regulation, any consent or approval under Part 4 of the Act(whether subject to conditions or not) will lapse at the expiration of-

(a) subject to the operation of paragraph (b)—12 months from the operative date ofthe consent or approval;

(b) if-(i) the relevant development has been lawfully commenced by substantial

work on the site of the development within 12 months from the operativedate of the approval—3 years from the operative date of the approval,unless the development has been substantially or fully completed withinthose 3 years (in which case the approval will not lapse); or

(ii) if the relevant development involves the division of land and anapplication for a certificate under section 51 of the Act has been lodgedwith the Development Assessment Commission, accompanied by theCertificate of Approval Fee under Schedule 6, within 12 months from theoperative date of the relevant consent—3 years from the operative date ofthe consent.

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(2) A period prescribed by subregulation (1) may be extended by a relevant authority-

(a) when the relevant consent or approval is given; or(b) at such later time as may be appropriate.

(3) If an approval is given, any consent which was necessary for that approval will not lapseunless or until the approval lapses.

(4) In this regulation-

operative date of a consent or approval means-

(a) the date on which the consent or approval is given; or(b) if the decision to grant the consent or approval has been the subject of an appeal

under this Act, the date on which any appeal is dismissed, struck out orwithdrawn, or all questions raised by any appeal have been finally determined(other than any question as to costs),

whichever is the later.

From the Commission's perspective, the decision to extend a consent or approval is frequentlymade under delegated authority, mostly due to an applicant’s financial and contractualcircumstances which have prevented the timely commencement of works or the submission offinal plans. However the requested extension period is generally confined to 12-24 months andonly infrequently applied beyond that period (but dependent on individual circumstances).

The current approval has already been extended on six (6) previous occasions for periods ofapproximately 12 months. The current request seeks a further extension of time - this time for afurther 2½ years and would extend the operative date of consent until 31 December 2017.

Case Law - Extensions of consent / approval

The interpretation and application of the above legislative provisions has been extensivelyreviewed by the ERD Court and the Supreme Court: Simpson v City of Burnside [2001] SAERDC73; Hall & Anor v City of Burnside & City Apartments P/L [2005] SASC 343; Parry & Anor v City ofHoldfast Bay [2007] SAERDC 23; and more recently in Reffold v Development AssessmentCommission (no.2) [2012] SAERDC 52.

The judgement in Hall & Anor v City of Burnside & City Apartments P/L [2005] SASC 343 (9September 2005), Justice Bleby provides specific guidance:

The granting or withholding of the extension is discretionary. If there has been a materialchange in the planning legislation or in the relevant Development Plan such that consent tothe development could not then be given, or if there has been some other material change ofcircumstance affecting the granting of consent, those may be relevant factors in the exerciseof that discretion, to be weighed carefully against the diligence with which the applicant haspursued the development and against other circumstances which may have frustrated thatactivity.

And again, in Parry & Anor v City of Holdfast Bay [2007] SAERDC 23, Judge Trenorden reaffirmedthe key principles or "tests" to be considered by a relevant planning authority:

Clearly, the matter will have to be considered in light of any material changes to thelegislation and the relevant Development Plan or plans. Whether it is in the public interest willbe a relevant factor. The public interest is likely, but not necessarily, to be addressed byhaving regard to any material change to either the legislation or the Development Plan. Thereasons for the need for an extension and the prospects that the development will be

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substantially commenced within any extended period may also be relevant factors. Theremay be other factors. As the Supreme Court has said, it is difficult to be determinative wherethe Court has a discretion and the legislation gives no guidance for the exercise of thatdiscretion.

and more significantly:

It is not for the Council or this Court on appeal, to actually carry out an assessment againstthe relevant provisions of the appropriate Development Plan. It is not for the relevantauthority to decide whether the proposal would "have enough merit to warrant consent" inthe context of the appropriate Development Plan, if that means it has assessed the proposal.

Nevertheless, each request still needs to be considered on its merits against a range of factors:timeliness of the extension request vis-a-vis lapse date; reasons for the extension; changes inlegislation; changes in the Development Plan; changes in material circumstances; extent ofcommunity prejudice; and the diligence of the applicant to pursue / complete the works. It wouldalso be relevant to consider previous extensions to the operative date of consent.

Applicant’s correspondenceThe applicant has provided a rationale for favourable consideration to further extend theirconsent. The main points in support of the request are as follows:

changes required to the original development - subject of a variation application that isconsidering amendments to the approved turbine layout and configuration.

uncertainty surrounding the Federal Government's review of the Renewable Energy Target(RET), which is unlikely to be concluded before the end of 2014.

a total of $300,000 has been expended this financial year to upgrade wind measurementinstallations on the site, revise assessment and technical reports and continue negotiationswith ElectraNet to determine the optimal grid connection strategy.

The applicant's correspondence is contained in the ATTACHMENTS.

Council adviceNot relevant - the proposal is not within the area of a Council.

Extension of consent feeThe relevant fee has been paid.

DISCUSSION

Timeliness of the extension requestThe project time have been in regular contact with DPTI staff, and have sought extensions priorto the effective lapse date.

Reasons for the extensionThere are two (2) main reasons for the further extension of time: (a) changes to turbinetechnology and the requirement to update the original consent has required the applicant toundertake a formal lodgement and assessment process through the latter half of 2013 and 2014;and (b) there remains considerable uncertainty about the future of the Federal Government'sreview of the Renewable Energy Target (RET).

The Renewable Energy Target (RET) scheme is designed to ensure that 20 per cent of Australia’selectricity comes from renewable sources by 2020. Further details on the scheme can be foundhere: http://www.environment.gov.au/climate-change/renewable-energy-target-scheme. On 17February 2014, the Federal Government announced a review of the RET, with a report to beprovided by mid-year, which will in turn contribute to an Energy White Paper.

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Changes in legislationThere have been various amendments to planning legislation (both the Development Act andRegulations) since 2006, however there has been no substantive change to referral requirementsor public consultation procedures for windfarm developments. The Development AssessmentCommission remains the relevant authority for the assessment of development applications in Outof Council areas.

Changes in the Development PlanThe original application was lodged with the Development Assessment Commission on 6 March2006 and assessed under the provisions of the Pastoral Zone within the Land not within a councilarea (Flinders) Development Plan (Consolidated 23 September 2003). The only changesintroduced to the Development Plan since this time is the Statewide Wind Farms DPA (Ministerial)– [18 October 2012], and prior to that the interim DPA, which introduced new and amendedpolicies for wind farms and ancillary development at the regional level and in zones where suchfacilities are appropriate and therefore more likely to be located.

The policies in the DPA recognized wind farm facilities as an envisaged form of development inzones of relatively low population densities – such as Primary Production and Pastoral Zones. Italso recognized that wind farms may need to be located in prominent locations to take advantageof the wind required for effective operations. On this basis, the introduced policies were moresupportive of windfarm developments in general, and in locations such as Lincoln Gap which isused for low intensity grazing but sparsely populated. In addition, public notification requirementswere altered, whereby the proposal - originally notified as a Category 3 development - now meetsthe setback criteria to be a Category 2 development (adjoining owners only).

Reserve MattersThe original consent contained no reserved matters.

Extent of community prejudiceThere would be no community impact if the existing authorisation was not extended – noting thatthe windfarm site is under a single (private) ownership, and the most recent public notificationprocess undertaken in February / March 2014 attracted four (4) representations - none of themopposed to the development. The original proposal attracted two (2) representations.

Diligence of the applicant to pursue / complete the worksThe proponent has advised that an additional $300,000 has been expended in 2013/14, whilstDPTI staff have also met the project team and toured the site. Since the project was approved in2006, the applicant has previously advised that approximately $5.2m has been invested toadvance the project up until December 2012 (for land access, consultancies, permitting etc).

RecommendationThe Development Act envisages the timely assessment, determination and – where approved –the construction of a development. It is noted that the applicant was already been granted aseries of 12-month extensions, and has now requested a further 2½ year period to commenceand then complete the amended scheme. This is a significant period of time, and would generallyresult in a negative recommendation.

However the following critical factors are noted: a variation application has been lodged (and isclose to a decision), significant budgets have been allocated to progress the development andrevise plans, current planning policies are more supportive of windfarm developments inappropriate areas - such as Pastoral Zones, and considerable uncertainty surrounds the FederalGovernment's review of the Renewable Energy Target (RET) - which has precipitated requests forextensions to other windfarm projects across the state (including the Hornsdale project).

Based on the information provided, there appears to be sufficient justification to extend theconsent for the period sought by the proponent, with any RET changes unlikely to be knownbefore late 2014/early 2015.

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There are two options: (a) decline the extension; or (b) grant a further extension to enable thevariation application to be approved, a building rules consent to be granted and the revisedscheme commenced not than 31 December 2015.

It is therefore recommended that the applicant be advised that the Development Plan Consent forDA 010/0011/06 be extended until 31 December 2017, with substantial commencement on thesite not later than 31 December 2015 and project completion by 31 December 2017.

…………………………………………………............Simon NeldnerPRINCIPAL PLANNING OFFICERSTATUTORY PLANNING BRANCH (DPTI)19 June 2014