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32DEVELOPING A RENEWABLE ENERGY PROJECT IN WESTERN AUSTRALIAOFFICE OF ENERGYRENEWABLE ENERGY HANDBOOK 2010If an Aboriginal site has been previously recorded onthe proposed project land, the proponent or heritageconsultant will need to determine the type, extentand signifi cance of the site in consultation with theappropriate stakeholders, which can include localelders or others who have knowledge of the area.Ideally the developer should consider options foravoiding the site, but if this is not possible and theland on which the site is located will be impacted,approval from the Minister for Indigenous Affairs willneed to be gained pursuant to a Section 18 notice ofthe AHA, referred to as a ‘Consent for Certain Uses’.The AHA empowers the Aboriginal Cultural MaterialsCommittee (ACMC) to make a recommendation to theMinister for Indigenous Affairs under this legislationand the owner of the land (or a proponent, with theowner’s consent) therefore needs to submit a Section18 notice with accompanying heritage reports tothe ACMC. The ACMC may then recommend thatthe Minister provides consent, or consent withconditions or refuse the project. The fi nal decisionrests with the Minister.It should be noted that some Aboriginal sites are notrecorded for reasons of sensitivity or a specifi c areamay never have been surveyed for Aboriginal sites.It is up to the proponent to attain suffi cient advice fromthe DIA, the relevant local community and heritageconsultants to make a valid assessment in relationto the likelihood of the potential for unrecordedAboriginal heritage sites to be present.If a Section 18 notice was not sought prior toground-disturbing works and Aboriginal artefacts areuncovered, it is a legal requirement to cease worksimmediately and report the fi ndings to the Registrarof Aboriginal Sites. A site inspection may then needto be undertaken by a specialist archaeologist andthe relevant Aboriginal community(s), with a reportprepared and submitted to the DIA. If the fi ndingsare determined to be a site under Sections 5 and39(2) of the AHA, the developer would be required tosubmit a Section 18 notice, following the procedurediscussed above.This is not an ideal approach, and to ensure that themost effective outcomes are achieved, developers areencouraged to ensure they have suffi cient knowledgeof Aboriginal heritage sites and have consultedwith relevant Aboriginal people early in the projectplanning stages.The development of a project on Aboriginal landswill also require approval from the Aboriginal LandsTrust, undertaken in accordance with a CommunityLayout Plan or equivalent, with the appropriate levelof community consultation determined by the Trust.Further information regarding Aboriginal heritageissues can be obtained from the DIA website at:www.dia.wa.gov.au3.2.3 COMMONWEALTH PROCESSThere are several pieces of Commonwealth legislationprotecting Aboriginal people, their culture, lands andobjects of signifi cance that may be of relevance to arenewable energy project.National Heritage ListSites of national heritage values can be nominatedto the National Heritage List as a signifi cant siteunder the Commonwealth’s Environmental Protectionand Biodiversity Conservation Act 1999 (EPBC Act).If a site is listed, any action that has, will have, or islikely to have, a signifi cant impact on the nationalheritage values of a listed place, must be referred tothe Department of the Environment, Water, Heritageand the Arts (DEWHA). A further explanation of theEPBC Act has also been included in Section 3.4.3.Further information on this legislation can be found at:www.environment.gov.au/heritageAreas and Objects of SignificanceThe DEWHA also administers the Aboriginal andTorres Strait Islander Heritage Protection Act 1984.The purpose of this Act is to preserve and protectareas and objects in Australia and in Australianwaters that are of particular signifi cance to theIndigenous population.Native Title‘Native Title’ was the name given by the High Courtto Indigenous property rights recognised by the courtin the Mabo judgment (3 June 1992) and subsequentlyunder the Native Title Act 1993. This landmark Courtdecision delivered signifi cant rights to IndigenousAustralians in respect to the control of land.Any developer will need to determine whethertheir project site is affected by a Native Title claim.Where land is affected, the developer will be requiredto undertake negotiations with the recognised NativeTitle claimants.
Entry on the National Heritage lists does notaffect Native Title rights. Section 8 of the EPBC Actspecifi cally states that nothing within the EPBC Actwill affect the operation of section 211 of theNative Title Act 1993.Further details on the relevant Commonwealthlegislation with regards to Native Title can be foundat the Commonwealth of Australia Law website at:www.comlaw.gov.au at the DIA website at:www.dia.wa.gov.au and the National Native TitleTribunal at: www.nntt.gov.au3.3 Planning Approval3.3.1 OVERVIEW OF THE PLANNING PROCESSPlanning approval is required for most forms ofdevelopment across WA. In general terms, land iseither ‘Zoned’ for specifi c purposes (i.e. commercial,residential, industrial development etc), or ‘Reserved’for public purposes (i.e. schools, open space,infrastructure etc). Local and Regional PlanningSchemes, controlled and implemented throughLocal and State Government, will state if and howdevelopment is possible within these areas.It is most likely that a renewable energy projectwill require planning approval. Applications willbe referred to relevant government agencies forcomment. The respective local government shouldbe the fi rst port of call to provide advice in thisregard and planning offi cers at the Departmentfor Planning can advise when required.3.3.2 DEVELOPMENT WITHIN ZONED LANDZoned land is controlled through the Local GovernmentPlanning Scheme. Renewable energy projects –depending on their scale, form and proposed location– are likely to be considered as either one of thefollowing use types under the Scheme:P (Permitted) – This means the development·is considered to be most appropriate in the zone.A planning application may need to be made andthe development will be assessed against thevarious planning provisions to ensure compliance.A Local Government cannot refuse a “P” usebecause of unsuitability of the use, however,the project may need to be amended to complywith planning requirements and the approvalmay be granted with special conditions.···OFFICE OF ENERGYRENEWABLE ENERGY HANDBOOK 2010D or AA (Discretion) – This means thedevelopment can only be permitted with theCouncil’s discretion. A planning application mustbe made. The application can be either refusedor approved with or without conditions.A or SA (Requires Advertising) – This meansthe development must be publicly advertised priorto being considered by Council. Council willconsider the merits of the proposal and anysubmissions it receives. The application can eitherbe refused or approved with or without conditions.X (Prohibited) – This means the development isnot permitted and a planning application cannot bemade. The only alternative in this instance may beto rezone the land or the relevant planning schemetext with a Scheme Amendment (refer to section 3.3.4).3.3.3 DEVELOPMENT WITHINRESERVED LANDDevelopment within Reserves is controlled by RegionSchemes (an instrument of the WAPC) and LocalPlanning Schemes (an instrument of the respectiveLocal Government). Applications for use of a Reservewill need to be made to the relevant authority.Reserves are to be principally used for their statedpurpose. In most cases, Reserved land is ownedby the Local government or the public authority thatuses it or intends to use it in the future. Some reservesare privately owned and are acquired by the relevantauthority when required.Applications for a renewable energy project in aReserve would need to demonstrate that the use doesnot compromise the intended purpose of the Reserve.3.3.4 SCHEME AMENDMENTS AND REZONINGIf a proposed development is not possible withina certain area, a planning scheme amendment toamend either the zoning of the land or the text ofthe planning scheme may provide an alternative.Scheme amendments are much lengthier than thenormal planning approval process and include referralto other relevant agencies. All scheme amendmentsare required to be referred to the EnvironmentalProtection Authority (EPA), which may subject theamendment to environmental impact assessment (EIA).This assessment would be undertaken as anintegrated part of the planning approval process.33DEVELOPING A RENEWABLE ENERGY PROJECT IN WESTERN AUSTRALIA
Page 1 and 2: enewableenergyhandbookWESTERN AUSTR
Page 3 and 4: ForewordOFFICE OF ENERGYRENEWABLE E
Page 5 and 6: OFFICE OF ENERGYRENEWABLE ENERGY HA
Page 9 and 10: 1.1 Purpose of the Handbook1.1.1 IN
Page 11 and 12: OFFICE OFENERGYRENEWABLE ENERGYHAND
Page 13 and 14: 1.2.2 BENEFITS TO WESTERN AUSTRALIA
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Page 17 and 18: 2.2 The WholesaleElectricity Market
Page 19 and 20: 2.3 Western Australia’sElectricit
Page 21 and 22: System ManagementSystem Management
Page 25 and 26: 2.5.3 STATE REGULATORY ANDGOVERNING
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Page 29 and 30: A number of different assessments w
Page 31: State and Australian Government dep
Page 35 and 36: 3.4 EnvironmentalAssessment and App
Page 37 and 38: 3.5 Electricity NetworkConnections
Page 39 and 40: 3.5.7 DISPUTES OVER NETWORK ACCESSI
Page 41 and 42: 3.6 Other Approvals -Wave Energy Ap
Page 43 and 44: 3.8 Operational Approvals -Electric
Page 45 and 46: enewableOFFICE OF ENERGYRENEWABLE E
Page 47 and 48: A 1.1.4 SPECIFIC CONSIDERATIONSWind
Page 49 and 50: A 1.2.4 SPECIFIC CONSIDERATIONSIn u
Page 51 and 52: ·=A 1.4 Hydro EnergyA 1.4.1 INTROD
Page 53 and 54: A 1.7.3 TECHNOLOGIESHot rock proces
Page 55 and 56: A 2.1 Resources Availablein Western
Page 57 and 58: Wood represents 3.1 per cent of Aus
Page 59 and 60: The WA Geothermal Centre of Excelle
Page 61 and 62: A 3.1 Useful ContactsOFFICE OF ENER
Page 63 and 64: ····BCSE (2005), Waste to Energ
Page 65 and 66: A 3.3.2 COMMONWEALTH LEGISLATIONAbo
Page 67 and 68: A 3.5 Geographic InformationSystem
Page 71 and 72: TERMGasifi cationGasoholGreen Power
Page 73: Office of EnergyLevel 9Governor Sti

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