Somerset · Assessment and Management Pty Ltd (LRAM) dated 17 January 2018. Kilcoy Solar Farm Visual Amenity Assessment for Sunshine Energy Australia dated August 2018, prepared by

SomersetREGIONAL COUNCIL

Officer: Julie Bertsos, Senior PlannerPhone: (07) 5424 4000Application reference: DA17650Applicant reference: 17- 6138

15 November 2018

Sunshine Energy Australia Pty LtdC/- Ethos UrbanLevel 1, 356 St Pauls TerraceFORTITUDE VALLEY QLD 4006

Email: [email protected]

Attention: Morgan Randle, Senior Urbanist Planner

Dear Mr Randle,

Decision Notice - Approval (with Conditions)Given under section 63 of the Planning Act 2016

Somerset Regional Council as the Assessment Manageracknowledges receipt of theabove application on 4 May 2018 and confirm the following details:

RE: Development application for Material Change of Use for a Renewable EnergyFacility (solar farm - 1500MW Facility) - Staged Development, on land described inthe Site Schedule below:

Lot description Address Land owner Area

Lot 42 on SP218812 D'Aguilar Highway, Harlin Graham McPherson 179.2 Ha

Lot 32 on SP203488 D'AguilarHighway, Harlin Graham McPherson 115.4 Ha

Lot 41 on SP218812 D'AguilarHighway, Harlin Graham McPherson 199.5 Ha

Lot 120 on CG2692 65 Holland Road, Harlin Peter Cooper 64.719 Ha

Lot 1 on RP28556 Holland Road, Harlin Peter Cooper 89.985 Ha

Lot 2 on SP210633 Unnamed #3095 Road, Peter Cooper 246.978 HaHarlin

Lot 65 on CG463 Holland Road, Harlin Peter Cooper 7.537 Ha

ABN 50 138 958 249CouncilChambers- 2 Redbank Street, Esk QLD 4312

Address all correspondence to - ChiefExecutiveOfficer,SomersetRegional Council,PO Box 117, EskQLD 4312P 0754244000 F 0754244099 E [email protected] www.somerset.qld.gov.au

Lot 1 on SP276622 6383 D'Aguilar Highway, Scott and Jane 68.376 HaHarlin Smith

Lot 135 on CG4460D'Aguilar Highway, Harlin

Scott and Jane 1.773 Ha

Smith

Scott and Jane 94.537 HaLot 10 on SP236175D'AguilarHighway, Harlin

Smith



Lot 144 on C311563 Unnamed #3089 Road, Graham McPherson 94.590 Ha

Gregors Creek


Gregors Creek


Gregors creek


Lot 127 on D'Aguilar Highway, HarlinGraham McPherson 91.300 Ha

SP218812

I wish to advise that, on Wednesday 14 November 2018, the above developmentapplicationwas approved in full with conditions. The conditions of this approval areset out in Attachment 1.

Approval under s64 (5) - deemed approvalThe application has not been deemed to be approved under section 64 (5) of thePlanningAct 2016 (PA).

1. Detailsof the approvalThe following approvals are given:

DevelopmentPermit Material Change of Use for a Renewable Energy Facility (solarfarm - 1500MW Facility) - Staged Development

2. Further development permitsThe following development permits are required to be obtained before the developmentcan be carried out:

- Building Permit- Plumbing Permit- OperationalWorks

3. Referral agenciesThe referral agencies for this application are:

For an application Name of referral Advice Addressinvolving agency agency or

concurrenceagency

Material Change of Use Department of State Advice SEQ West Ipswichfor a Renewable Energy Development' PO Box 129Facility (solar farm -

Manufacturing,Infrastructure and ipswich Old 4305

1500MW Facility)- Planning [email protected] Development

Powerlink Queensland Advice PO Box 1193

Virginia Old 4014

[email protected]

SEQWater Third Party PO Box 328Advice Ipswich Old 4305

[email protected]

4. Approvedplans and/or documentsplans and/or documents for this development approval are listed in the following

table:

Plan/Document number Plan/Document name Date

- DA17650 - DevelopmentArea of Solar 15 August 2018Farm - prepared for Sunshine Energy-Kilcoy and prepared by Ethos Urban.

- DA17650 - Site Plan of proposed 17 August 2018Renewable Energy Facility (Solar Farm)-prepared for Sunshine Energy - Kilcoy andprepared by Ethos Urban.

Referenced 1805-5600 SRA DA17650 - Departmentof StateDevelopment, Manufacturing, Infrastructureand Planning referral agency response

ReferencedDA2935 DA17650 - Powerlink Queensland advice 19 June 2018MSLink363891 agency response

. 5. Lapsing of approval at end of currency period (s.85 Planning Act 2016)A part of a development approval lapses at the end of the following period (the

currencyperiod) -(a) For any part of the development approval relating to a Material Change of Use

-1fthe first change of use does not happen within -

a. The period stated for that part of the approval; orb. If no period is stated - 6 years after the approval starts to have effect.

(b) If part of a development approval lapses, any monetary security given for thatpart of the approval must be released.

6. Extension applications(1) A person may make an application (an extension application) to the

assessmentmanager to extend a currency period of a development approvalbefore the approval lapses.

(2) The extension application must be -a. Made-i. If the assessment manager has a form for the application - in

the form; orli. By notice; and

b. Accompanied by -i. The required fee; andli. To the extent the application relates to premises, other than

excluded premises, for which the applicant is not the owner .-.

the written consent of the owner of the premises to theapplication.

7. Lapsing of approval for failing to complete development (s. 88 PlanningAct2016)

(1) A development approval, other than a variation approval, for developmentlapses to the extent the development is not completed within any period orperiods required under a development condition.

(2) However, despite the lapsing of the development approval, any security paidunder a condition stated in section 6S(2(e) of the Planning Act 2016 may be

used as stated in the approval or agreement under section 67 (to finish thedevelopment, for example).

8. Other requirements under section 43 of the Planning RegulationFor section 63(3) of the Act, a decision notice for a development application that is

approved must -(a) State any other development permits necessary to allow the development tobe carried out; and

(b) Be accompanied by any approved plans, specifications or drawings for thedevelopment approval; and

(c) If the development involves building work that is building, repairing or alteringa building and is assessable against the buildingassessmentprovisions - statethe classification or proposed classification of the building or parts of thebuilding under the Building Code; and

(d) If the development application is taken, under the Environmental ProtectionAct, section 115, to also be an application for an environmental authority .- statedetails of any environmental authority given for the application under that Act;and

(e) Be accompanied by a copy of any written agreement under section 49(4)(b) or66(2)(b) or (c) of the Act relating to the approval.

9. Dispute Resolution - Appeal Rights - Chapter 6 Part 1 Planning Act 2016The rights of applicants to appeal to a tribunal or the Planning and EnvironmentCourt

against decisions about a developmentapplicationare set out in Chapter 6, Part 1 ofthe Planning Act 2016. For particular applications, there may also be a right to makean applicationfor a declaration by a tribunal (see chapter 6, part 2 of the Planning Act2016). A copy of the relevant appeal provisions are enclosed for your information.

Should you wish to discuss the contents of this decision notice, please contactCouncil's planning section by phoning (07) 5424 4000.

Yours sincerely

Mobert amChief Executive Officer

Attachment1.- Conditionsof the approvalAttachment 2

- PA extract on appeal rights

Attachment 1- Conditions of Approval

SCHEDULE 1

- GENERAL CONDITIONS - PLANNINGAssessmentManagerNO CONDITION TIMING1.1 Carry out the development generally in accordance with the At all times.

material contained in the development application, supportingdocumentation and the plan(s) listed below, except whereamended by these conditions of approval:

Site Plan/DevelopmentArea of Solar Farm - dated 15/08/2018

- prepared for Sunshine Energy - Kilcoy and prepared byEthos Urban and further amended to show amongst otherchanges:

? No solar panels/subarrays are to be located within100m of any adjoining property boundary

? Solar panels/staff amenities/non-habitable buildingsare to be placed outside the Defined Flood Level(currently 1% AEP or Q100).

? Substation and battery storage are to be located a

minimum level of the 0.2% AEP. flood event or Q500flood level

Kilcoy Solar Farm Preliminary Ecological Assessment Report,reference: R.B22885.003.01.Ecology.docxdated April 2018and prepared by BMT Consultants.Kilcoy Solar Farm - Revegetation Plan, reference:R.B22885.004.02Revegetation Plan.docx dated August andprepared by BMT Consultants.Kilcoy Solar Farm Biosecurity Plan, reference:R.B22885.005.00.Biosecurity Plan.docx dated August 2018

and prepared by BMT Consultants.Review of the Agricultural Impact of proposed Kilcoy SolarFarm, prepared by Bill Thompson of Land ResourceAssessment and Management Pty Ltd (LRAM) dated 17

January 2018.Kilcoy Solar Farm Visual Amenity Assessment for SunshineEnergy Australia dated August 2018, prepared by IRIS VisualPlanning and Design.Sunshine Energy Solar Farm Glare Impact AssessmentReport, prepared for Sunshine Energy Australia Pty Ltd, dated17 August 2018, reference no. 18001 and prepared byEnvironmentalEthos.Kilcoy Solar Farm Stormwater Management Strategy,reference: R.B22885.002.02.SMS.docx dated April 2018 andprepared by BMT Consultants.Traffic Impact Assessment - Kilcoy Solar Farm, prepared forSunshine Energy Australia c/- Ethos Urban, reference: P18058dated April 2018 and prepared by Point8 Traffic Engineeringand Transport Planning.Kilcoy Solar Farm 'High-Level' Flood Hazard Assessment,reference R.B22885.001.02.Flooding.docx dated April 2018and prepared by BMT Consultants.

Hours of Operation1.2 Hours of operation of the Renewable Energy Facility (solar At all times.

farm) for staff attending the site include 6am to 6pm, 7 days a

week.

Future approvals1.3 Building works and plumbing and drainage works approvals Prior to

must be gained for all improvements including the subarrays commencementofconstruction. the use for stage

one.

SCHEDULE 2- ENGINEERING

AssessmentManagerNO CONDITION TIMING

OPERATIONALWORKS APPLICATION2.1 Make an Operational Work application to Council and pay the Prior to the

required fees where an application involves earthworks, commencementoferosion and sediment control, roadworks, car parks, Operational Worklandscaping, clearing and stormwater drainage required as for each stage.stated in the following conditions.

2.2 All works are to be designed and constructed in accordance At all times.with the requirements of the Somerset Regional CouncilDesign Standards.

2.3 Bear the costs of works carried out to Council and utility At all times.services infrastructure and assets, including any alterationsand repairs resulting from compliance with these conditions.

2.4 It is required that the design and construction of civil As part ofcomponents of the Operational Work are to be certified by a Operational WorksRegistered Professional Engineer Queensland (RPEQ), for each stage.including:

. ... . . . ..

? Plans and specifications must be prepared and certifiedwith the Operational Work application.

? Certification that the works have been undertaken in

accordancewith the approved plans, specifications andto Council's requirements.

CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN2.5 Provide a Construction Environmental Management Plan, As part of

designed by a Registered Professional. OperationalWorks .

for each stage.

WATER SUPPLY2.6 Provide a minimum water supply storage capacity of 45,000 Prior to

Litres capable of capturing roof run-off and connected to commencement ofservice the water consumption needs of the development. the use for stage

one.In addition, provide water supply storage facilities necessaryfor the cleaning and maintaining of the solar panels and otherbuildings.

ONSITE WASTEWATER DISPOSALSYSTEM2.7 Provide an onsite Wastewater Disposal System designed in Prior to

accordance with Seqwater Development Guidelinesfor Water commencement ofQuality Management in DrinkingWater Catchments 2017. the use for stage

one.The above design is to be submitted to Seqwater for reviewand receive endorsement, prior to submission to Council atplumbing application stage.

DEMOLITIONOR REMOVAL OF ANY ONSITE BUILDINGS2.8 Obtain Council approval for the demolition or removal of any Prior to

existing buildings on site necessary for the approved commencementofdevelopment to proceed. the use for each

stage.

HYDRAULIC FLOOD HAZARD ASSESSMENT2.9 Submit a Hydraulic (Flood Hazard Assessment) Report flood As part of the

study prepared by a Registered Professional Engineer lodgement of theQueensland (RPEQ), which generally conforms to the Operational WorksSomerset Regional Council Development Standards. application for stage

one.The flood study should include the following:

? Identification of potential flooding from a rangeof flows.

? Include Neara Creek and associated perennialwater courses.

? Consider any impacts from flooding on theBrisbane River.

2.10 The development must achieve the following:

... Solar panels/staff amenities/non-habitable buildingsare to be placed outside the Defined Flood Level(currently 1% AEP or Q100).

? Substation and battery storage are to be located a

minimum level of the 0.2% AEP flood event or Q500flood level.

? Floor heights for non-habitable buildings (except forbuildings classified under the Building Code of Australiaas Class 7a or Class 10) and solar panels (andassociated structures) shall be a minimum of theDefined Flood Event (DFE).

? Buildings are located to avoid significant flood flows orvelocities.

? All hazardous, noxious material, or chemicals arelocated and stored above the DFE.

? The development does not increase the flood hazardfor other properties.

? Electrical switchboards, power points, main dataservers and the like are positioned above the DFE.

? Electrical and data installations below the DFE are

Prior to

commencementof. the use for stage . .

one.

designedand constructed to withstandsubmergenceinflood water.

? Provide pedestrian and vehicle evacuation access thatis above the Defined Flood Event (DFE) between thestaff amenities building to a State controlled road.

? Contingency plans are in place to account for thepotential need to relocate property prior to a flood eventto above the DFE (i.e. to transfer plant, equipment andstock).

? It is the applicant's responsibility to provide evidence offlood heights.

2.11 Any filling below the Defined Flood Event (DFE) flood level will Prior to thebe in accordance with an approved flood study. cornmencement of

works for eachstage.

EARTHWORKS2.12 Contaminated material must not be used as fill on the site. Any At all times.

filling must be undertaken using inert materials only.

2.13 Any fill, cut and other stored material must be contained within At all times.properties comprising the development application. Fill cannotbe placed on adjacent propertieswithout providing Council withwritten permission from the respective property owner(s).

ROADWORKS2.14 Install all traffic signs and line markings in accordance with Prior to

Manual of Uniform Traffic Control Devices commencement ofthe use for eachstage.

2.15 All works on or adjacent to roadways must be adequately Prior to

......signedin accordance with the "Manual for Uniform

.Traffic. _comrnencement ofControlDevices - Part 3, Works on Roads". Any Road or lane and duringclosure must be applied for in writing to Council, and all constructionofconditions of that approval compliedwith during construction of works for eachthe works. stage.

2.16 Provide verge and access in accordance with Somerset As part ofRegional Council Design Standards. OperationalWorks

for each stage.

2.17 Approval is to be sought from Council for all works and At all times.improvements within road reserves which exist through thesite. The roads are to be surveyed with appropriate setbacksprovided.

2.18 All internal roads are to be constructed and maintained with a At all times.minimum 4-meter-wide gravel access / to an all-weatherstandard.

2.19 Providewritten approval from the Department of Transportand Prior toMain Roads to carry out works on a state controlled road. commencementof

works for eachstage.

2.20 Provide documentary evidence from the Department of Prior toTransport and Main Roads that works to upgrade D'Aguilar CommencementofHighway and Holland Road intersection have been completed. use for stage one.

2.21 Prepare and submit for Council approval a Pavement Impact Prior to lodgementAnalysis of Holland Road from the D'Aguilar highway to the of the Operationalentrance to the site. It is required that the Pavement Impact Works applicationAnalysis be certified by a Registered Professional Engineer of for stage one.Queensland (RPEQ), and should include, but not limited to:

? Pavementstrength tests? Evaluation of the existing pavement for the traffic on

Holland Road combined with the additional trafficgenerated by the Solar Farm.

2.22 All actions identified in the Pavement Impact Analysis of Prior tocondition 2.21 are to be undertaken at no cost to Council. Commencement of

use for stage one.

2.23 Design and constructHolland Road along the access route to As part of7 meters sealed on an 8-meter formation with drainage from Operational Worksthe D'Aguilar Highway to the entrance of the site. for stage one.

OR

In lieu of roadworks of condition 7.10, 7.11 and 7.12, theApplicant may enter into an infrastructure agreement withCouncil to provide a security bond towards the maintenanceand defect repairs of the road.

The Applicant would be required to conduct a pre- and post-construction assessment certified by a RPEQ, maintain allworks from the date of "On Maintenance", with any defectiveworks must be rectified within the maintenance period.

At the end of the maintenance period the works shall beinspected and if satisfactory, shall be placed "OffMaintenance". Security bonds would be released after theworks have been placed "Off Maintenance".

VEHICLE ACCESS2.24 All vehicular access shall provide convenientand safe access Prior to

and egress from the site in accordancewith Somerset Regional commencement ofCouncil Design Standards. the use for each

stage.

2.25 The landowner is responsible for construction and At all times.maintenance of vehicular access for the property, from the roadcarriageway to property boundary in accordancewith Council'sPolicy and Standards. Approval is to be sought from Counciland the landowner must advise all potential purchasers

accordingly.

2.26 All vehicles shall enter and leave the site in a forward gear. At all times

2.27 Road access works are to be in general accordance with the As part ofDepartment of Transport and Main Roads Road Planning and Operational WorksDesign Manual (RPDM) Austroads Guide to Road Design andSomerset Regional Council Development Manual for a BasicAuxiliary Right (BAR) and Basic Auxiliary Left (BAL) to be

provided at the Holland Road access location and include thefollowing:

? Drainage beneath the access must include a minimumpipe size of 375 diameterRCP with sloping headwalls.

? The access must be designed to accommodate thelargest vehicle intended to access the siteaccommodating the turn movements of the designvehicle, and ensuring there is no requirement for thedesign vehicle to cross into the opposing lane.

? Internal roads must be designed to allow for the design

vehicle to turn around and exit the site in a forwarddirection.

? Provide a sealed access for a minimum 30m from theroad carriageway of Holland Road.

CAR PARKING2.28 Provideon-site car parking for thirty (30) vehicles, including two As part of

(2) spaces for disabled persons in accordance with Council Operationa1WorksPlanning Scheme.

All car parking areas for disabled persons are to be providedwith sealed surface, line marking, or be otherwise designed in

accordance with AS2890 and Somerset Regional CounciiDesign Standards.

2.29 Construct and maintain the driveway, vehicle manoeuvring and At all timesparking areas of hard standing material such as concrete,bitumen or gravel in accordance with Australian Standards.

SCREENINGPARKING AREAS2.30 All parking areas are to be screened by a 10-metre-wide buffer Prior to

to break up the visual bulk of the parking area. commencement ofthe use of stage

The parking area screening is to be maintained, always. one; andMaintained always.

OUTDOOR LIGHTING2.31 The outdoor lighting of the development must mitigate adverse Prior to

lighting and illumination impacts by: commencementofuse

? Not causing nuisance by way of light spill or glare atadjacent properties and roadways.

? Providing graduated intensity lighting with lower levelbrightness at the perimeter of the subject land and

higher intensities at the centre of the subject land.? Directing lighting onto the subject land and away from

neighbouringproperties.? Using shrouding devices to preclude light overspill onto

surrounding properties where necessary.? Not operating lighting that uses sodium lights or flare

plumes.

STORMWATER2.32 Stormwater Drainage and flows are to have a no worsening At all times

effect on adjoining, upstream, or downstreamlandholders.

2.33 Design and construction of all stormwaterdrainage works must As part ofcomply with the relevant section/s of the Queensland Urban Operational WorksDrainageManual (QUDM) and the Somerset Regional CouncilDesign Standards.

2.34 Convey stormwater flows through the development from the As part ofupstream catchment. Operational Works

2.35 Submit permission for the discharge of stormwater drainage to As part ofa lawful point of discharge from the owners of properties Operational Worksaffected by any stormwaterdischarge from the site.

Note: Such consentmay require supporting engineering plansand calculations.

REVISED SITE BASED STORMWATER MANAGEMENTPLA N

2.36 Submit a revised Site Based Stormwater Management Plan As part of the(SBSMP) prepared by a Registered Professional Engineer lodgement of theQueensland (RPEQ), which generally conforms to the Operational Worksapproveddevelopment plan/s and Somerset Regional Council applicationDevelopment Standards.

The SBSMP should include the following:

? Quantity and qual1ty of stormwater to be

released from the development;? All sources of potential contamination(including

but not limited to the actual and potential releaseof all contaminants;

? The potential impact of these sources;? Impact of the release of stormwater from the

developmenton the quality and integrity of thereceiving environment;

? Measures to be implemented to prevent thelikelihood of stormwatercontamination;

? In general accordance with Kilcoy Solar FarmStormwater Management Strategy, prepared byBMT WBM Pty Ltd and dated 26/04/2018revision 2; and

? Stormwater drainage shall be constructed in

general accordance with the SBSMP.

2.37 Adjoining properties and roadways to the development are to At all timesbe protected from ponding or nuisance from stormwater as a

result of any site works undertaken as part of the proposeddevelopment.

BUNDING OF BATTERYSTORAGE AREA2.38 A design shall be undertaken by a Registered Professional As part of the

Engineer Queensland (RPEO) for the construction of lodgement of theappropriate bunding around any area on which batteries are to Operational Worksbe stored. application

EROSION AND SEDIMENT CONTROL PLAN2.39 Prepare an Erosion and Sediment Control Plan designed by a As part of the

Registered Professional Engineer Queensland (RPEQ). lodgement of theImplement all relevant sediment and erosion control measures Operational Worksand temporary fencing as identified on the approved applicationengineering drawings as part of the operational works. Allsediment control devices and sediment collection points shallbe regularly monitored, sediment removed as necessary anddevices maintained responsibly during construction andrnaintenance period of the developmentworks.

EROSION AND SEDIMENT CONTROLS2.40 Erosion and sedimentation controls shall be implemented, as At all times during

necessary, .and shall be maintained to Council's satisfaction. the course of theShould Council determine that proposed controls are staged developmentineffective or a downstream drainage system has becomesilted, the developer will:

? Be required to install additional measures.? Be responsible for the restoration work.

Should the developerfail to cornplete the works determined byCouncil within the specified time, the Council will complete thework and recover all costs from the developer associated withthe work.

2.41 Measures shall be applied to prevent site vehicles tracking At all timessedimentand other pollutants onto adjoining streets during theproject, and to prevent dust nuisance.

WASTE DISPOSAL2.42 All wastes to be managed in accordance with the relevant At all times

legislation and regulationswith regulated waste to be disposedof at a licensed facility and general solid waste to be disposedof at approved landfill sites with the contractor covering allcosts incurred for the receipt and management of the waste.

2.43 Where vegetation is removed, the vegetation waste shall be At all timesdisposed of by:

i) Milling;ii) Chipping and/or mulching

iii) Disposal at an approved waste disposa1facility.iv) Burning provided fire permits are in place.

Waste other than vegetation waste, generated as a result ofthe operations shall be disposed of to an approved disposalfacility.

2.44 Apart from declared weeds and pests, areas with trees, shrubs As part ofand landscaping currently existing on the subject land must be Operational Worksretained where possible and action taken to minimizedisturbance during constructionwork.

SCHEDULE3- ENVIRONMENTAL

AssessmentManagerNO. CONDITION TIMING3.1 Notwithstanding any other condition of this development At all times.

permit, this development permit does not authorise any releaseof contaminants that causes, or is likely to cause environmentalharm including environmental nuisance beyond the boundariesof the developmentsite.

NUISANCE MONITORING- SOLAR GLARE ASSESSMENT3.2 After the first full year of operations of any stage an updated At all times

Glare AssessmentRepod shall be presented to Council for its

consideration.

This report will provide the results from actual readings andassessments undertaken at the 11 rural and residentialdwellings identified in the 2018 BMT Glare Assessment Reportand for any new residential dwelling that maybe constructed inthe glare catchmentof the proposal in the interim periods. Theagreement from the respective owners shall be sought andrequired at all times to undertake any monitoring.

The expected oùtcóme of this future assessment is to rnaketheapplicant responsible for any remedial improvements to theresidential dwellings if it is identified that there does exist a

moderate to high risk (impact) of glare.

Remedial improvements envisaged could range fromvegetation plantings being proposed closer to the impactedresidential dwellings, installation of tinting to windows or thebuilding of awnings or other screening devices on thedwellings.

All recommended remedial improvementsshall be offered tothe owners of the affected properties and undertaken at thedeveloper'sexpense.

3.3 A methodology report on how this post development Glare As part ofAssessment Report shall be undertaken must be submitted for Operational WorksCouncil's approval.

NUISANCE MITIGATION MEASURES

3.4 Implement all nuisance mitigation measures recommended in Within the timeframethe approved Solar Glare Assessment report. specified in the

approved SolarGlare AssessmentReport and to be

maintained at alltimes.

HOURS OF CONSTRUCTION3.5 All construction activity must be restricted to the hours of At all times during

6:30am to 6:30pm Monday to Saturday. No constructionwork construction stagesis to be conducted on Sundays or Public Holidays. of project.

Noise levels from constructionwork shall always comply withthe requirements of the Environmental ProtectionAct 1994.

For the purpose of this condition, construction activity includes:

(a) All construction related activity which produces noise,audible beyond the site (including all building works);

(b) All deliveries and removal of materials and equipmentassociated with the works.

WASTE3.6 All waste generated as part of the operation of the development At all times.

must be lawfully reused, recycled or removed to a facility thatcan lawfully accept the waste.

DECOMMISSIONING PLAN3.7 Submit to Council a draft Decommissioning Plan prepared by Prior to the

a suitably qualified person for the solar farm that outlines end commencementofof project decommissioning works (describing the extent of constructionof thereinstatementand restoration activities upon the removal of the stagedrenewable energy infrastructure and associated coñstructed development.facilities).

FINAL DECOMMISSIONING PLAN3.8 Submit to Council a final Decommissioning Plan prepared by Submitted by Year

a suitablyqualified person, based on current best practices. Two; and after thatat five-year

The final Decommissioning Plan must be submitted for intervals.approval to Council and lodged by Year Two; and a revisedplan shall be submitted at five-year intervals.

CESSATIONOF USE3.9 Upon cessation of the approved solar farm use, all solar farm Upon cessation of

infrastructure must be removed and the subject land must be the approved solarrestored within 2 years to the satisfaction of Council, and in farm use.

. accordancewith the approvedfinal Decommissioning Plan. Allcosts associated with decommissioning the site shall be borneby the land owner.

BUSHFIRE HAZARD.-.WATER SUPPLY

3.10 Provide the development with an adequate and accessible Prior towater supply for fire-fighting purposes. This could be: commencementof

the use for stage? An accessible onsite dam; or one; and? Tank/s with fire-fighting f1ttings. At all times.

REVEGETATION PLAN3.11 Prepare and landscape the site in accordance with a Site As part of

Rehabilitation Plan in conjunction with the approved Operational WorksRevegetation Plan, or as otherwise approved by Council. Any for each stage.amendments approved by Council are taken to be a part of theapproved Revegetation Plan.

KOALA HABITATLANDSCAPING3.12 Native plant species and local koala habitat trees are to be At all times.

predominately used in the revegetation and landscape plantingon the site.

SAFETY OF KOALAS AND WILDLIFE3.13 During construction phases: At all times; and

during the(a) Measures are taken in construction practices to not construction phase

increasethe risk of death or injury to koalas and wildlife; of the stagedand development.

(b) Native vegetation that is cleared and in an areaintended to be retained for safe koala movementopportunities is progressively restored andrehabilitated.

DECLAREDWEEDS AND PESTS3.14 All declared weeds and pests are to be removed from the At all times for the

subject land and kept clear of such nuisance varieties. iife of the solar farmoperations.

SCREENING BUILDINGS3.15 The substations and battery storage areas and onsite facilities, Prior to

(staff room and amenities) are to be screened by a surrounding commencementof10-metre-widebuffer to break up the visual bulk of the buildings the use of stagefrom the highway; and to reduce any visual impact on the rural one; and At alllandscape. times.

The 10-metre-wide buffer area is to be maintained, always.

VISUAL AMENITY3.16 The substations, battery storage areas and onsite facilities At all times for the

must not be visually intrusive. life of the solar farmoperations.

SCHEDULE4-REFERRALAGENCYDepartmentof State DevelopmentManufacturing Infrastructureand PlanningReferral Agency (Concurrence) Response4.1 Pursuant to section 62 of the PlanningAct 2016the AssessmentManager must, other

than to the extent a referral agency's response provides advice, comply with the all

referral agency responses and include conditions exactly as stated in the response.

4.2 The Department of State Development Manufacturing Infrastructureand Planning, asa Referral Agency (Concurrence), has assessed the impact of the proposeddevelopment, Renewable Energy Facility (solar farm 1500MW staged development),in accordancewith its jurisdiction under Schedule 10, Part 9, Division 4, Subdivision2, Table 4, Item 1 of the Planning Regulation 2017, regarding State transport corridorsand future state transport corridors.

4.3 The Department of State Development, Manufacturing, Infrastructure and Planningsupports this application subject to the inclusion of conditions in the AssessmentManagersDecision Notice.

4.4 Concurrence Agency response with conditions dated 6 July 2018 and referenced1805-5600 SRA, given under section 56 of the Planning Act 2016.

4.5 Concurrence Agency response will be attached to Council's Decision Notice forDA17650.

SCHEDULE5-REFERRALAGENCYPowerlink QueenslandReferral Agency (Advice) Response5.1 Pursuant to section 62 of the PlanningAct 2016 the AssessmentManager must, other

than to the extent a referral agency's response provides advice, comply with the allreferral agency responses and include conditions exactly as stated in the response.

5.2 Powerlink Queensland, as a Referra1 Agency (Advice), has assessedthe impactof theproposed development, Renewable Energy Facility (solar farm 1500MW stageddevelopment) in accordance with its jurisdiction under Schedule 10 Part 9 Division 2

of the Planning Regulation 2017, regarding transmission entity easementwhich is partof the transmission supply network.

5.3 Powerlink Queensland supports this application subject to the inclusion of conditions

.inthe AssessmentManagers Decision Notice.

5.4 Powerlink Queensland Referral Agency (Advice) response dated 19 June 2018 andreferenced DA2935 MSLink363891.

5.5 Powerlink Queensland Referra1 Agency (Advice) response will be attached toCouncil's Decision Notice for DA17650.

SCHEDULE 6- ADVISORYNOTES

Assessment ManagerThis approval has effect in accordance with the provisions of section 71 of the Planning Act2016, and development may commence in accordance with section 72.

Currency Period - Pursuant tó section 85 of the Planning Act 2016 the approval will lapse ifthe first change of the use under the approval does not start within the 'currency period' -being six (6) years starting the day the approval takes effect.

The applicant may make representations (change representations) about a matter in thisdevelopmentapplication within the applicant's appeal period under the process establishedin chapter 3, part 5. subdivision 1 of the Planning Act 2016.

The Planning Act 2016 provides for a person to make a change to this developmentapplicationoutside the applicant'sappeal period, following the process outlined in chapter 3,

part 5, subdivision 2 of the Act.

A legible copy of this development approval package is to be available on the premises.

Pay to Council any outstanding rates or charges or expenses that are a charge over thesubject land levied by Council; and/or levied but not fully paid over the subject land.

Dust pollution arising from the construction and maintenance of the works required by thisapproval are the applicant's responsibility. The applicant must comply with any iawfulinstruction from Council's Director of Operations if in his opinion a dust nuisance exists.

All works shall be carried out in accordance with the Workplace, Health and Safety Act (asamended) and the Workplace Health and Safety Regulation (as amended).

All Operational Work is to comply with relevant codes for design and construction.

Applicant is advised that gates and grids on Council road reserves are to be applied for toCouncil for approval.

Improvementworks within the road reserves will not result in an obligation on Council to carryout maintenance works in the future. Any such maintenancewill be subject to Council'sdiscretion, and dependenton Council's design standards and policies.

All building work is to comply with the provisions contained in the Building Act; the BuildingRegulation; the Building Code of Australia; the Queensland Development Code and relevantAustralian Standards.

Biosecurity Queenslandshould be notified on 13 25 23 of proposed development(s) occurringin the Fire Ant Restricted Area before earthworks commence. It should be noted that worksinvolving movements of soil associatedwith earthworks may be subject to movementcontrolsand failure to obtain necessary approvals from Biosecurity Queensland is an offence.

It is a legal obligation to report any sighting or suspicion of fire ants within 24 hours toBiosecurity Queenslandon 13 25 23.

The Fire Ant RestrictedArea as well as general information can be viewed on the DAFwebsitewww.daf.qld.pov.au/fireants

The Aboriginal Cultural HeritageAct 2003 commencedin Queensland on April 16, 2004. TheAct is administeredby the State Government.

The Aboriginal Cultural Heritage Act 2003 establishesa Duty of Care for Indigenous CulturalHeritage. This applies on all land and water, including freehold land. The Cultural HeritageDuty of Care lies with the person or entity conducting an activity.

Penalty proposing an activity that involves additional surface disturbance beyond that whichhas already occurred at the proposed site need to be m1ndful of the Cultural Heritage Duty ofCare requirement.

Details on how to fulfil the Cultural Heritage Duty of Care are outlined in the Duty of CareGuidelinesgazetted with the Act.

Council strongly advises that you be aware of the 'Duty of Care Guidelines' and furtherinformation on the responsibilitiesof proponents under the terms of the Aboriginai CulturalHeritageAct 2003.

The Applicant has the Right of Appeal to the Planning and Environment Court regarding theconditions of this approval.

Should the Applicant notify Council in writing that the conditions of approval are acceptedwithout dispute and that the right of appeal to the Court will not be exercised, the DecisionNotice may be taken to be the development permit."

Carried

DEVELOPMENT PLAN

UR BAMAP DATA ATTACHMENT 1 - DA17650

Site Plan - Solar panel areas removed since Site Plan 02/05/2018

Solar Panel Area removed since02/05/2018 Site Pan

Site Boundary

Staging areas

Potential Developable Areas -Solar PanelArea

Building areas

Koala solar panels

I

$ Stage 1 Sta

Access poin .

----- ! APPROVED--- , Sornerset RegionaJ Council

- - - _ASSESSMENTMANAGER

Powerknk substation

Staff parking and amenities

Sunshine Energy substation andbattery storage

- -- -- Building area 10m buffer

- - - Proposed access road

Revegetation and planting areas

Assisted ridgeline revegetation

Native screen planting

Stream natural regeneration

Stream assisted regeneration

Scenic route buffer assistedregeneration

Flood hazard zone assistedregeneration

Cadastre

Note: this map containssorne digitised layers.Theselayers are an approximate representation only. Referto Somert PlanningSchemefor original layers.

15/08/2018

GDA94Zone56

Data Source: QGIS20U & SRC 2016

0 0,5 1

-km

1:30.000

DisclaimerThis product is for informabonal purposesand may not have been

prepared for, or be su©ble for legal, engineering, or surveyingprposes, The map layers displayed are compiled Irom various

sources, Therefore, no warranty is given relabon to thedala displayed on this map (including accuracy. relabáty,completeness, currency or suitabilily)and accepisno liability(includingmthout limitation, lability in negligence)for any loss. damageor costs

cluding consequentaldamage)relating to any use of the dala,

SITE PLANE T H OS MAP DATA ATTACHMENT 2 - DA17650URBAN Site Plan

Site Boundary

Staging areas

Potential DevelopableAreas -Solar Panel Area

Building areas

oO

LU

I

Accesspoin .goAO ....,,' substation and ?

batterystorage Nbetat

! PPROVEDc o nrrset Regional council

SSESSMENT MANAGER

O

Koala solar panels

Powerlink substation

Staff parking and amenities

SunshineEnergy substation andbattery storage

- -- Building area 10m buffer

- - - Proposed access road

275kV Electricity Transmission80m Easement

. ,Potential Flood Hazard Area(State Floodplain AssessmentOverlay) (SRC and SPP)

Revegetation and plantingareas

Assisted ridgelinerevegetation

Native screen planting

Stream natural regeneration

Stream assisted regeneration

Scenic route buffer assistedregeneration

Flood hazard zone assistedregeneration

Cadastre

Note: this map containssomedigitised layers.Theselayersare an approximaterepresentationonly. Referto SomertPlanningScheme for originaltayers,

17/08/2018

GDA94Zone56

Data Source: QGIS 2017 & SRC 2016

0 0,5 1

-km

1:30,000

DisclaimerThis product is for informationalpurposes and may not have been

gepared far, or be suitable for legal, engineering. or surveyingpurposes. The map layers displayed are complied 1rom vanoussources. Therefore, no warranty is given relation to thedata disp(ayed on ibis map (including accuracy, reíabiDiy,completeness.currencyor suitability)and accepis no liabilily (includingmthout limitalk>n,liabilty in neghgence)for any loss, damageor costs(includingconsequentaldamage)refating to any use of the data

RA6-N ATTACHMENT 3

DA17650 RQueenslandGovernment

DepartmentofState Development,Manufacturing,infrastructureand Planning

Our reference: 1805-5600 SRAYour reference: DA17650

6 July 2018

The Chief Executive OfficerSomersetRegional CouncilPO Box 117ESK QLD [email protected]

.Attention:Julie Bertsos

Dear Ms Bertsos

SARA Referral Agency Response - D'Aguilar Highway and Holland Road, Harlin and D'AguilarHighway, GregorsCreek(Givenundersection 56 of the Planning Act 2016)

The development applicationdescribedbelowwas properly referred to the Departmentof StateDevelopment, Manufacturing, Infrastructure and Planning on 31 May 2018.

Referral triggersThe development application was referred to the department under the following provisions of thePlanning Regulation 2017:

? Schedule 10,'Parï9,Division 4, Subdivision 2, State transportcorridors-and future StateTable 4, item 1 transportcorridors

Response

Date of response: 6 July 2018

Response details: Referral agency responsewith conditionsDevelopmentdetails: DevelopmentPermit for a Material Changeof Use associatedwith a

Renewable EnergyFacility (solar farm)

Conditions: The conditionsset out in Attachment 1 must be attachedto anydevelopmentapproval.

Location details

Street address: D'Aguilar Highway and Holland Road, Harlin and D'AguilarHighway, Gregors Creek

Real property description: Lot 10 on SP236175,Lots 41, 42, 43 and 127 on SP218812,Lot 120 on CG2692, Lot 135 on CG4460, Lots 144 and 145.onC311563, Lot1 on RP28556, Lot1 on SP276622, Lot26 on

DevelopmentAssessment Advisory teamLevel 13, 1 William Street

Page 1 of 7 PO Box 15009, Brisbane East QLD 4002

1805-5600 SRA

SP193038, Lots 2 and 32 on SP203488, Lot 2 on SP210633,Lot 48 on C31888 and Lot 65 on CG463

Local government area: SomersetRegionalCouncil

Applicantdetails

Applicant name: SunshineEnergy Australia Pty LtdC/- Ethos Urban

Applicant contactdetails: Level 1, 356 St Pauls TerraceFORTITUDEVALLEY QLD [email protected]

A copy of this responsehas been sent to the applicant for their information.

For further informationplease contact Duncan Livingstone, PrincipalPlanneron 3452 7180 or via [email protected] will be able to assist.

Yours sincerely

Tim O'LearyManager

cc Sunshine Energy Australia Pty Ltd, [email protected]

enc Attachment 1-Referral agency conditionsAttachment2-Advice to the applicantAttachment3-Statement of reasonsAttachment 4-Approved plan and document

Departmentof State Development, Manufacturing, infrastructure and Planning Page 2 of 7

1805-5600 SRA

Attachment1-Referral agency conditions

No. Conditions Condition timing

Material Change of Use for a RenewableEnergy Facility (Solar Farm)

Premises near a state transport corridor-Thechief executiveadministering the Planning Act 2016nominatesthe Director-Generalof the Department of Transport and Main Roads to be the enforcementauthority for the development to which this development approval relates for the administrationandenforcement of any matter relating to the following condition(s):

1. a) Road works must be provided generally in accordancewith Prior to theD'Aguilar Highway/Holland Road Intersection.-Concept commencement ofIntersectionUpgrade, prepared by Point 8, dated 23 April 2018, constructionof anyreference P18058-001,and revisionA, including:

stage? a minimum 155m channelizedright turn treatmentfrom

D'Aguilar Highway into Holland Road? a minimum85m short auxiliary left turn treatment from

D'AguilarHighway into Holland Road? a short channelized right turn treatmentfrom D'Aguilar

Highway into Kangaroo Creek Road? a short auxiliary left turn treatment from D'AguilarHighway

into Kangaroo Creek Road.b) The road works must be designed and constructedin

accordancewith the Departmentof Transportand Main RoadsRoadPlanning and Design Manual, 2nà edition, including lanewidths, to accommodate a B-double design vehicle.

2. (a) Any existing vehicularproperty access located betweenthe site Priorto thefrontage and the D'Aguilar Highway must be permanently commencementof useclosed and removed.

(b) The table drain between the pavementedge and the propertyboundary must be reinstated in accordance with DepartmentofTransportand Main Roads Road Planningand Design Manual,2"edition at no cost to the Departmentof Transportand MainRoads.

3. a) Stormwatermanagement of the development must ensure noworseningor actionable nuisanceto the state-controlledroad.

b) Any works on the land must not:i. create any new discharge points for stormwater runoff onto

the state-controlled roadii. interfere with and/or cause damage to the existing

stormwater drainage on the state-controlled roadiii. surchargeany existing culvert or drain on the state-

controlledroadiv. reduce the quality of stormwater dischargeonto the state-

controIIed road.c) RPEQ certificationmust be provided to the North Coast District

via [email protected] the Departmentoftransportand Main Roads, confirmingthat the developmenthasbeen designedand constructedin accordancewith parts (a) and(b) of this condition.

a) At all times

b) At all times

c) Prior to thecommencement ofuse

4. a) A landscape plan must be prepared by an experiencedand Prior to thequalified landscapearchitector landscape professional. The commencement of uselandscape plan must incorporatelandscaping to reduce glareimpacts to the D'Aguilar Highway and include:

? details of the existing planting on site and the proposedlocation, composition and density of new screen pianting

? planting to the northern boundaryof the site along

Depanment of State Development,Manufacturing, Infrastructureand Planning Page 3 of 7

1805-5600SRA

sectionsof the D'Aguilar Highway with line of sight to thesolar farm

? a combinationof shrubs and trees of sufficientdensity tomitigate glare to the D'Aguilar Highway

? additional planting in the 'gaps' of the existing visualscreening to the D'Aguilar Highway

? vegetation that is suitablefor the climaticconditionsofthe site

? maintenance and managementmeasures to ensurevegetation is maintained for the life of the solar farm.

b) Undertakethe landscaping in accordancewith the landscapeplan.

c) Provide evidence from a suitably qualified person withexperience.in solar farm glare assessment that the landscapingof the site will ensure glare does not create a safety hazard bydistractingusers of the D'Aguilar Highway.

Department of State Development, Manufacturing, Infrastructureand Planning Page 4 of 7

1805-5600SRA

_Attachment2--.Advice to the applicant

General advice

Road works approvalUnder section 33 of the Transport infrastructureAct 1994, written approval is required from theDepartment of Transportand Main Roads to carry out road works on a state-controlled road. Pleasecontact the Departmentof Transportand Main Roads on North,[email protected] makean application for road works approval. This approval must be obtainedprior to commencing any workson the state-controlled road reserve. The approval processmay require the approvalof engineeringdesignsof the proposedworks, certified by a Registered Professional Engineer of Queensland(RPEQ).The road works approval processtakes time - please contactTransportand Main Roads weIIin advance to ensure that gaining approval does not delay construction.

Departmentof State Development,Manufacturing, Infrastructureand Planning Page 5 of 7

1805-5600 SRA

Attachment 3--Statementof reasons

Department of State Developrnent,Manufacturing, infrastructureand Planning Page 6 of 7

1805-5600SRA

Attachment %Approved plan and document

Department of State Development,Manufacturing, Infrastructure and Planning Page 7 of 7

GE78-N

QueenslandGovemment

DepartmentofState Development,Manufacturing,Infrastructure and Planning

Departmentof State Development,Manufacturing,Infrastructureand PlanningStatementof reasons for application 1805-5600SRA(Givenunder section 56 of the PlanningAct 2016)

Departmentalrole: Referral agency

ApplicantdetailsApplicant name: Sunshine Energy Australia Pty Ltd

Applicantcontactdetails: Level 1, 356 St Pauls TerraceFORTITUDEVALLEY QLD [email protected]

Location detailsStreet address: D'Aguilar Highway and Holland Road, Harlin and D'Aguilar

Highway, Gregors Creek

. Real propertydescription: 10SP236175; 120CG2692;127SP218812;135CG4460; 144C311563;145C311563;1RP28556:1SP276622;26SP193038;2SP203488;2SP210633;32SP203488;41SP218812;42SP218812;43SP218812;48C31888; 65CG463

Local governmentarea: SomersetRegionalCouncil

Developmentdetails

Developmentpermit Material Change of Use for Development Permit for Material Change ofUse for a Renewable Energy Facility (solar farm)

AssessmentmattersAspect of development Applicablecodesrequiring impact assessment

1. Material Change of Use State Code 1: Development in a State- controlled roadenvironment

Reasonsfor the Department of State Development, Manufacturing,Infrastructure and Planning'sdecision:

? To ensure compliancewith the State DevelopmentAssessmentProvisions, version2.2 - StateCode 1: Developmentin a State - controlled road environment

? To ensure the road works on, or associated with, the state-controlledroad network is undertakenin accordancewith applicable standards

? To maintain the safety and efficiency of the state-controlled road by reducing the numberof roadaccesses

? To ensure that the impacts of stormwatereventsassociated with development are minimised andmanaged to avoid creating any adverse impactson the state-transportcorridor

DevelopmentAssessmentAdvisoryTeamLevel 13, 1 WilliamStreet. Brisbane

Page 1 of 2 PO Box 15009, City East QLD 4002

1805-5800 SRA

? To ensure that the impacts of glare associated with the development are minimised andmanaged to avoid creating any adverse impacts on the state-transport corridor.

Decision:Nature of Approval Nature of Decision Date of Decision

Development permit Referral agency response-with 6 July 2018conditions

Relevant material:? The development application material and submitted plans? Planning Act 2016? Planning Regulations 2017? The State Development AssessmentProvisions (version2.2), as publishedby the Departmentof

State Development, Infrastructure, Manufacturing and Planning

? Development AssessmentRules

? SARA DA Mapping

Departmentof State Development,Manufacturing, infrastructureand Planning Page 2 of2

Project: Drawing Title: Drawn: R. Gillard Drawing No.

Point8 Traffic ImPact D'Aguilar Highway/HollandRoad Intersection-Checked: P. Bilton Pl8058-00 I

Concept IntersectionUpgrade Date: 23/04/20is

n hine Energy Australiac/o Ethos Urban] No: 18058 No: A

ATTACHMENT 4

, , .DA17650

19 June 2018 Our Ref: DA2935MSLink363891

Ethos Urban Cc. Somerset RegionalCouncilLevel1 POBox117356 St Pauls Terrace ESK QLD 4312FORTITUDE VALLEY QLD 4006

Via Email: [email protected] [email protected]

Attention: Morgan Randle Julie Bertsos

Dear Sir/Madam

ReferralAgency Response (Advice)(Given under section 9.2 of the DevelopmentAssessment Rules)

TransmissionCorridor Tarong to Mt England 275kVEasementID A & B on AP5039 - Dealing No. 602008072

Location DetailsStreet address | D'AguilarHighway, HarlinReal propertydescription Lot 2 SP210633, Lots 41, 42, 43 & 127 SP218812, Lots 2 & 32

SP203488, Lot120 CG2692, Lot1 RP28556, Lot65 CG463, Lot1 SP276622, Lot135 CG4460, Lot10 SP236175,Lot26SP193038, Lots 144 & 145 C311563& Lot 48 C31888

Local governmentarea | Somerset Regional CouncilTransmission Infrastructure Impacted

Proposed development: Material Change of Use - Renewable EnergyFacility| Approval sought DevelopmentPermit

We refer to the above referenced development application which has been referred to PowerlinkQueensland in accordancewith Section 54 of the Planning Act 2016.

In accordancewith its jurisdiction under Schedule 10 Part 9 Division 2 of the Planning Regulation2016,Powerlink Queensland is a Referral Agency (Advice) for the above developmentapplication.

Specifically, the application has been triggered for assessment by Powerlink Queenslandbecause:

1. For reconfiguring a lot - all or part of the lot is subject to a transmission entity easementwhichis part of the transmission supply network (Table 1 1(a)

2. For material change of use - all or part of the premises are subject to a transmission entityeasementwhich is part of the transmissionsupply network (Table 2 1b)

33 Harold Street,Virginia

PO Box II93,Virginia,Queensland 4014,Australia

Telephone:(07) 3860 21EI Facsimile (07) 3860 2l00

www.powerlink.com.au

PowerlmkQueensland,s the repstered busmess name of theQiml:s

Flee o n ny Tr.mm

DA2935

PLANS AND REPORTS ASSESSED

The following plans and reports have been reviewedby PowerlinkQueensland and form the basis of ourassessment.Any variationto these plans and reports may require amendmentof our advice.

Table 1: Plans and Reports upon which the assessmentis based

Drawing / Report Title Prepared by Dated ReferenceNo.Verssue

Sunshine Energy Australia Pty Ltd Ethos Urban 4 May 2018 17-6138 0Solar Farm DevelopmentApplication

PowerlinkQueensland, acting as a Referral Agency (Advice)under the Planning Regulation2017provides its respónseto the application as attached (Attachment1).

For further information please contact Frances Jennings, Property ServicesAdvisor, on (07) 3866 1313

or via email [email protected] will be pleased to assist.

Yours sincerely

Brandon KingwillMANAGERPROPERTY

Page 2 of 3

DA2935

ATTACHMENT1- REFERRAL AGENCY (ADVICE)RESPONSE

PowerlinkQueensland supports this application subjectto the inclusion of the followingconditions in theAssessmentManager'sDecisionNotice.

No. Condition Timing Reason

1 Compliance with the terms and conditionsof At all times To ensure that the existing rightsthe easementdealing no shown in the contained in the registeredheading of this letter. easement dealing is maintained.

2 Compliancewith the generic requirementsin At all timesrespectto proposedworks in the vicinity ofPowerlinkQueensland infrastructureasdetailed in the enclosed Annexure "A".

To ensure that the purposeof theElectricalSafetyAct 2002 is

achieved and electricalsafetyrequirementsare met.To ensure the integrityof theeasement is maintained.

3 The developmentmust be carriedout At all times To ensure that the development isgenerally in accordancewith the reviewed carried out generally in accordanceplans detailed in Table 1. with the plans of development

submittedwith the application.4 The statutoryclearancesset the Electrical At all times. To ensure that the purposeof the

Safety Regulation 2013 must be maintained Electrical Safety Act 2002 isduring constructionand operation.No achievedand electricalsafetyencroachment within the statutoryclearances requirementsare met.is permitted.

Advice to Council and the Applicant1. This responsedoes not constitute an approval to commence any works within the easement. Prior

written approval is required from Powerlink Queensland before any work is undertaken within theeasement areas. All works on easement (including but not limited to earthworks, drainage anddetention basins; road construction;undergroundand overhead service installation) require detailedsubmissions, assessmentsand consent (or otherwise) by Powerlink.

2. Powerlink and Sunshine Energy are currently negotiating network connection of the solarfarm to the transmission grid. This correspondence does not constitute approval forconnection which remains the subject of ongoing technical assessment and commercialnegotiations. The exact location of connecting infrastructure is also part of ongoingnegotiations. As a result we wish to advise council that the location of the proposedsubstation is likely to change, and as such its location (as shown on the proposed plans)should not form part of the approval

3. Compliance with the Electrical Safety Áct 2002 including any Code of Practiceunder the Act and the, Electrical SafetyRegulation 2013 including any safety exclusionzones defined in the Regulation.

In respect to this application the exclusion zone for untrained persons and for operating plantoperatedby untrained persons is six (6) meters from the 275 000..voltwires and exposed electricalparts.

Should any doubt exist in maintaining the prescribed clearance to the conductors and electricalinfrastructure,then the applicant is obliged under this Act to seek advice from Powerlink

Page 3 of 3

Planning·Act 2016 Planning Act 2016Chapter 6 Dispute resolution Chapter 6 Dispute resolution

[s 229] [s 229]

(2) The person is takca to have engaged in the representative'sconduct, unless the person proves the person could not haveprevented the conduct by exercisingreasonable diligence.

(3) In this section-conductmeans an act or omission.

representative means-.(a) of a corporation-an executive officer, employee or

agent of the corporation;or

(b) of an individual---an employee or agent "of theindividual.

state of mind, of a person, includesthe person's-(a) knowledge, intention,opinion, belief or purpose; and

(b) reasons for the intention, opinion, beliefor purpose.

Chapter 6 Dispute resolution

Part 1 Appeal rights

229 Appeals to tribunal or P&E Court

(1) Schedule 1 states-(a) matters that may be appealed to-

(i) either a tribunal or the P&E Court; or

(ii) only a tribunal;or

(iii) only the P&E Court; and

(b) the person-(i) who may appeal a matter (the appellant); and

(ii) who is a respondent in an appeal of the matter; and

(iii) who is a co-respondent in an appeal of the matter;and

(iv) who may elect to be a co-respondentin an appealof the matter.

(2) An appellantmay start an appeal within the appeal period.(3) The appealperiod is-

(a) for an appeal by a building advisory agency-10business days after a decision notice for the decision isgiven to the agency; or

(b) for an appeal against a deemed refusal-at any timeafter the deemedrefusal happens; or

(c) for an appeal against a decision of the Minister, underchapter 7, part 4, to register premises or to reneiv theregistrationof premises-20business days after a noticeis publishedundersection269(3)(a)or (4);·or

(d) for an appeal against an infrastructure charges

notice-20business days after the infrastructurechargesnotice is given to the person; or

(e) for an appeal about a deemedapproval of a development

application for which a decision notice has not been

given-30 business days after the applicant gives thedeemed approval notice to the assessmentmanager; or

(f) for any other appeal-20 business days after a notice ofthe decision for the matter, including an enforcementnotice, is given to the person.

Note-See the P&E Court Act for the court's pover to extend the appealperiod.

(4) Each respondent and co-respondent for an appeal may beheard in the appeal.

(5) If an appeal is only about a referral agency's response, theassessment manager may apply to the tribunal or P&E Courtto withdraw from the appeal.

Current as at 3 July 2017 Page 203 Page 204 Current as at 3 July 2017

Authorisedby the tbrlimnemary Counsel Aullwrkdby ihe ParhamentaryCow.el

Planning Act 2016 PlanningAct 2016Chapter 6 Dispute resolution Chapter 6 Dispute resolution

[s230] [s231]

(6) To remove any doubt, it is declared that an appeal against aninfrastructure charges notice must not be about- -

(a) the adopted charge itself; or

(b) for a decisionabout an offsetor refund-(i) the establishment cost of trunk infrastructure

identified in a LGIP; or

(ii) the cost of infrastructuredecided using the ;methodincluded in the local government's chargesresolution.

230 Notice of appeal(1) An appellant starts an appeal by lodging, with the registrar of

the tribunal or P&E Court, a notice of appeal that.--

(a) is in the approved form; and

(b) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompanied by the requiredfee.

(3) The appellant or, for an appeal to a tribunal, the registrar,must, within the service period, give a copy of the notice ofappeal to-(a) the respondent for the appeal; and

(b) each co-respondent for the appeal; and

(c) for an appeal about a development application underschedule I, table 1, item 1-eachprincipal submitter forthe developmentapplication; and

(d) for an appeal about a change application under schedule1, table 1, item 2-each principal submitter for thechange application; and

(e) each person who may elect to become a co..respondentfor the appeal, other than an eligible submitter who is

not a principal submitter in an appeal under paragraph(c) or (d); and

(f) for an appeal to the P&E Court-the chief executive;and

(g) for an appeal to a tribunal underanotherAct-any otherperson who the registrar considersappropriate.

(4) The service period is-(a) if a submitter or advice agency started the appeal in the

P&E Court--2 businessdays after the appeal is started;

or(b) otherwise-10business days after the appeal is started.

(5) A notice of appeal given to a person who may elect to be a

co-respondentmust state the effect of subsection(6).

(6) A person elects to be a co-respondent by filing a notice ofelection, in the approved form, within 10 businessdays afterthe notice of appeal is givert to the person.

(7) Despiteany other Act or rules of court to the contrary, a copyof a notice of appeal may be given to the chief executive byemailing the copy to the chief executive at the email addressstated on the department'swebsite for this purpose.

231 Other appeals(1) Subjectto this chapter, schedule 1 and the P&E Court Act,

unless the Supreme Court decides a decision or other matterunder this Act is affectedby jurisdictionalerror, the decisionor matter is non-appealable.

(2) The Judicial ReviewAct 1991, part 5 appliesto the decision ormatter to the extent it is affected by jurisdictional error.

(3) A person who, but for subsection (1) could have made an

application under the JudicialReview Act 1991 in relation tothe decision or matter, may apply under part4 of that Act for a

statementof reasons in relation to the decisionor matter.

(4) In this section-decision includes-

Current as at 3 July 2017 Page 205 Page 206 Currentas at 3 July 2017

Authorisedby the Parliamemary counsel Authorisedby the Parliamentarycounsel

P7anning Act 2016Chapter6 Dispute resolution

[s 232]

(a) conduct engaged in for the purpose of making a

decision; and

(b) other conduct that relates to the making of a decision;and

(c) the making of a decision or the failure to make adecision; and

(d) a purporteddecision:and

(e) a deemedrefusal.

non-appealable, for a decisionor matter, means the decisionor matter-(a) is flnal and conclusive;and

(b) may not be challenged, appealed against, reviewed,quashed, set aside or called into question in any otherway under the Judicial Review Act 1991 or otherwise,whether by the Supreme Court. another court, anytribunal or anotherentity; and

(c) is not subject to any declaratory, injunctive òr otherorder of the Supreme Court, another court, any "tribunalor another entity on any ground.

232 Rules of the P&E Court(1) A person who is appealing to the P&E Court must comply

with the rule.s of the court that apply to the appeal.

(2) However, the P&E Court may hear and decide an appeal even

if the person has not complied with rules of the P&E Court.

Current as at 3 July 2017 Page 207

Aullmrisedby the Parliamcmary counsel

PIanning Act 2016 PlanningAct 2016

Schedule 1 Schedule 1

Schedule 1 Appeals

Section 229

1 Appeal rights and parties to appeals(1) Table 1 states the matters that may be appealed to-

(a) the P&E court; or(b) a tribunal.

(2) However. table 1 applies to a tribunal only if the matterinvolves-(a) the refusal, or deemed refusal of a development

application,for-(i) a material change of use for a classified building;

or

(ii) operationalwork associated with building work, a

retaining wall, or a tennis court; or(b) a provision of a development approval for--

(i) a material change of use for a classifiedbuilding;or

(ii) operational work associated with building work, a

retaining wall, or a tennis court; or(c) if a developmentpermit was applied for-the decision

to give a preliminaryapproval for-(i) a material change of use for a classified building;

or

(ii) operationalwork associated with building work, a

retaining wall, or a tennis court; or(d) a developmentcondition if-

(i) the development approval is only for a materialchange of use that involves the use of a buildingclassified under the Building Code as aielass 2building; and

Page 272 Current as at 3 July 2017

Authorn.dby the Parliamentary Counsel

(ii) the building is, or is proposed to be, not more than3 storeys; and

(iii) the proposed developmentis for not more than 60

sole-occupancyunits; or

(e) a decision for, or a deemed refusal of, an extensionapplication for a developmentapproval that is only for a

material change of use of a classifiedbuilding; or

(f) a decision for, or a deemed refusal of, a changeapplication for a developmentapproval that is only for a

material change of use of a classifledbuilding;or

(g) a matter under this Act, to the extent the matter relates tothe Building Act, other than a matter under that Act thatmay or must be decidedby the QueenslandBuildingandConstructionCommission;or

(h) a decision to give an enforcementnotice-(i) in relation to a matter under paragraphs (a) to (g);

or

(ii) under the Plumbing and DrainageAct; or

(i) an infrastructurecharges notice; or

(j) the refusal, or deemed refusal, of a conversionapplication; or

(1) a matter prescribed by regulation.

(3) Also, table 1 does not apply to a tribunal if the matterinvolves-(a) for a matter in subsection (2)(a) to (d)-

(i) a developmentapprovalfor which the development

applicationrequired impact assessment; and

(ii) a development approval in relation to which theassessment manager received a properly madesubmission for the developmentapplication;or

(b) a provision of a development approval about theidentificationor inclusion,under a variation approval,ofa matter for the development.

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(4) Table 2 states the matters that may be appealed only to theP&E Court.

(5) Table 3 states the matters that may be appealed only to thetribunal.

(6) In each table-(a) column 1 states the appellant in the appeal; and

(b) column2 slates the respondent in the appeal; and

(c) column3 states the co-respondent (if any) in the appeal;and

(d) column 4 states lhe co-respondentsby election (if any)in the appeal.

(7) If the chiefexecutive receivesa notice of appeal under section230(3)(f), the chief executive may elect to be a co-respondentin the appeal.

(8) In this section-....

storey see the Building Code, part A I.l.

Table 1

Appeals to the P&E Courtand, for certain matters, to a tribunal

i. DevelopmentapplicationsFor a developmentapplicationother than a developmentapplicationcalled in by theMinister, an appeal may be madeagainst-(a) the refusal of all or part of the developmentapplication; or(b) the deemedrefusal of the developmentapplication;or(c) a provisionof the development approval; or(d) if a development permit was applied for-the decision to give a preliminarÿ

approval.

Table 1

Appeals to the P&E Court and, for certain matters, to a tribunal

Column 1 Column2 Column3 Column4

Appellant Respondent Co-respondent Co-respondent

(ifany) by election (ifany)

The applicant The assessment

managerIf the appeal is about Ia concurrenceagency's referralresponse-lheconcur ence agency 2

3

4

A concurrenceagency that is

not a

co-respondent

If a chosenassessmentmanager is the

respondent.-thepescribedassessmentmanager

Any eligibleadviceagencyfor the

applicationAnyeligiblesubmitter for the

application

2. Change applicationsFora change applicationother than a change application made to the P&E Court or calledin by the Minister,an appeal may be made against-ta) the responsibleentity's decision on the changeapplication;or(b) a deemed refusal of the changeapplication.

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Schedule 1 Schedule1

Table 1

Appeals to the P&E Courtand, for certain matters, to a trlbunal



(if any) by election (ifany)

1 Theapplicant Theresponsible Ifanaffectedentity I Aconcurrence2 Ifthe entity startsthe agencyforthe

responsible appeal-the development

entily is the applicant applicationassessment 2 1f a chosenmanager-an assessmentaffected entity manager is thethat gave a respondent-thepre-request prescribednotice or assessnnentresponse notice manager

3 A privatecertifier for thedevelopment

application4 Any eligible

advice agencyfor the changeapplicatlon

5 Any eligiblesubmitter for the

changeapplication

3. Extension applicationsFor an extension applicationother than an extensionapplication called in by the Minister,an appeal may be made against-(a) the assessmentmanager's decision on the extensionapplication;or(b) a deemed refusal of the extensionapplication.

Table 1Appeals to the P&E Court and, for certain matters, to a tribunal


Appellant Respondeni Co-respondent Co-respondent


1 Theapplicant2 Foramatter

other than adeemed refusalof an extensionapplication-aconcurrenceagency,otherthan the chiefexecutive,forthe application

Theassessmentmanager

Ifa concorrence If a chosenagency starts the assessment managerappeal-the is the

applicant respondent-theprescribedassessmentmanager

4. Infmstructurecharges noticesAn appeal may be made against an infrastmeturechargesnotice on 1 or more of thel'ollowinggrounds-(a) the notice involved an error relating to-

(i) the application of the relevantadopted charge; orExamples oferrors in applyingan adopted charge-

? the incorrectapplicationof gross floor area for a non-residential development

? applying an incorrect 'use category', under a agulation,to the development

(ii) the working out of extra demand, for section 120; or(iii) an offsetor refund;or

(.b) there was no decisionaboutan offset or refund: or

(c) if the infrastructurechargesnotice states a refund will be given-the timing forgiving the refond; or

(d) for an appeal to the P&E Court-the amountof the charge is so unreasonablethat no. reasonablerelevant local government could have imposed the amount.

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Schedule 1 Schedule 1

Table 1

Appeals to the P&E Courtand, for certain matters, to a tribunal

Column I Column 2 Column 3 Column4


(if any) by election(ifany)

The person given the The localinfrastructure . government(hatgavechargesnotice the infrastructure

chargesnotice

5. Conversionapplications

An appeal may be made against-(u) the refusalof a conversionapplication; or(b) a deemed refusalof a conversion application.

Column I Column2 Column.3Column4



The applicant The local

governmenttowhichthe conversionapplicationwasmade

6. EnforcementnoticesAn appeal may be made against the decision to give an enforcement notice.




The person given the The enforcementenforcement notice authority -

Iftheenforcementauthority is not thelocal government forthe premises inrelation to which theoffence is allegedtohave happened-thelocal government

Table 2Appealsto the P&E Court only

I. Appeals fmm tábunal

An appeal may be made againsta decisionof a tribunal, other than a decision undersection252, on the ground of-(a) an error or mistake in law on Ibe part of the tribunal;or(b) jurisdictionalerror.

Column 1 Column2 Column3 Column 4

Appellant Respondent Co-mspondent Co-respondent


A party to the Theotherpartytotheproceedings for the proceedingsfor thedecision decision

2. Eligible submitterappeals

For a developmentapplicationor changeapplicationother than an applicationdecided bythe P&E Courtor enIIed in by the Minister,an appeal may be made against the decisionto approvethe application, to the extent the decision relates to-(a) any part of the development applicationor change applicationthat required impact

assessment; or(b) a variation request.

Column 1 Column2 Column 3 Column 4



1 For n 1

development

application-aneligiblesubmitter for thedevelopment 9application

2 For a changeapplication-aneligiblesubmitterfor thechangeapplication

For a · idevelopment 2application-theassessmentmanager

Forachangeapplication-theresponsibleentity

The applicani Another eligible

If the appeal is submitterfor the

about a nPplication

concurrenceagency'sreferralresponse--theconcurrenceagency

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Schedufe 1 Schedule 1

Table 2Appealsto the P&E Court only

3. Eligible submitterand eligible adviceagencyappealsFor a development applicationor changeapplication otherthan an applicationdecided bythe P&E Court or called in by the Minister, an appeal maybe made against a provision ofthe development approval, or a failure to include a provision in the developmentapproval, to the extent the matter ælates to-(aj any part of the developmentapplication or changeapplication that requiæd impact

assessment; or

(b) a variation request.

Column I Column2 Column3 Column 4



i Foradevelopment

application-aneligiblesubmitterforthedevelopment 9application

2 For a changeapplication-aneligiblesubmitterfor thechaneeapplication

3 An eligiblcadvice agencyfor thedevelopment

applicationorchangeapplication

For a 1 The applicant Another eligibledevelopment 2 If the appeal is submitterfor theapplication-the abouta applicationassessment concurrencemanager agency'sreferralFor a change response-theapplication-the concurrenceresponsible agencyentity

Table 2Appeals to the P&E Court ot11y




A person dissatisfied The local

with the decision governmentto whichthe claim was mode

S. Registered premises

An appeal may be made against a decision of the Ministerunder chapter7, part 4.

Column I Column2 Column3 Column4



1 A person given a The Minister

- If an owner ordecision notice occupierstarts theabout the appeal-theownerofdecision the registered

2 If the decision is Premisesto registerpremlSeSorrenew theregistrationofpremises-anowneroroccupierofpremises in theaffectedarea forthe registeredpremises who isdissatisfied withthe decision

4. Compensation claims 6. Local lawsAn appeni may be made against- An appeal may be made against a decision of a local government, or conditionsapplied.(a) a decision undersection 32 about a compensationclaim·, or undera local law about-1.b) a decision under section 265 about a claim for compensation;or (a) the use ofpremises, other than a use that is the natural and ordinary consequenceoffe) a deemed refusal of a claimunderparagraph (a) or (b). prohibited development; or

(b) ihe erection of a building or other structure.

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PlanningAct 2016 Planning Act 2016

Schedule 1Schedule1

Table 2 Table 3Appealsto the P&E Courtonly Appeals to a tribunalonly

Column 1 Column2 Column 3 Column4 2. Inspection of building workAppellant Respondent Co..respondent Co-respondent An appeal may be made against a decisionof a btiilding certifier or referral agency about

(if any) by election (if the inspection of buildingwork that is the subjectof a building developmentapprovalunder the Building Act.

any)Column I Column2 Column3 Column4A person who- The local

overnment Appellant Respondent Co-respondent Co-respondent(a) appl[ed for the 8

decision;and (ifany) by election(if(b) is dissatisfied

with the decisionThe applicantfor the The person whoor conditions. development made the decisionapproval

Table 3 3. Certain decisionsunder the BuildingAct and the Plumbing and DrainageActAppealsto a tribunal only An appeal may be made against-1. Building advisoryagency appeals (a) a deçision under the Building Act, other than a decision made by the QueenslandAn appeal may be made against givinga developmentapproval forbuilding work t o the Building and Construction Commission, if an information notice about the decisionextent the building work required code assessmentagainst the buildingassessment was given or required to be given under that Act; orprovisions. (b) a decision under the Plumbingand Drainage Act, part 4 or 5, ifan informationnoticeColumn 1 Column 2 Column3 Column4 about the decision was given or required to be given under that Act.

Appellant Respondent Co-respondent Co-respondent Column 1 Column 2 Column3 Column 4

(if any) by election(if Appellant Respondent Co-respondent Co-mspondent

any) (if any) by election(ifA building advisory The assessment The applicant i A concurrenceagency for the manager agency for the A person who The person whodevelopment development received, or was made the decisionapplication ælated to application entitledto receive, anthe approval related to the informationnotice

approval about the decision

r for the4. Localgovernment failure to decide applicationunder the Building Act

development An appeal. may be made against a local govemment'sfailure to decidean applicationapplication under the Building Act within the period requiredunder that Actrelated to theapproval

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PlanningAct 2016

Schedule 1

Table 3Appealsto a tribunal only

Column I Column2 Column3 Column4



A person who was The local

entitled to receive government to whichnotice of the decision the appliention was

made

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Somerset · Assessment and Management Pty Ltd (LRAM) dated 17 January 2018. Kilcoy Solar Farm Visual Amenity Assessment for Sunshine Energy Australia dated August 2018, prepared by

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