Implications of the Proposed Queensland Renewable Energy: Developer Code of Conduct

Introduction

Following the February 2024 Australian Energy Infrastructure Commissioner’s Community Engagement Review, the Queensland Government initiated an Australia-first code of conduct for renewable energy developers. This proposed renewable energy code establishes mandatory community engagement standards to build social licence between project proponents, landholders and communities.

Development companies must understand these obligations to maintain the viability of renewable projects and secure grid connections. This article explains the proposed code of conduct for renewable energy developers so you can structure clean energy agreements and understand how to negotiate a renewable energy project agreement.

Interactive Tool: Check If Your Project Meets Queensland’s New Renewable Energy Rules

The Proposed Queensland Renewable Energy Code for Property Developers

The Origins of the Australia-First Code

The push for a renewable energy code in Queensland stemmed from significant community dissatisfaction with developer practices. A key catalyst was the February 2024 Australian Energy Infrastructure Commissioner’s Community Engagement Review. Ultimately, the findings from this review highlighted a substantial gap between community expectations and the performance of renewable energy developers.

The review’s survey revealed widespread discontent among landholders and community members regarding their engagement experiences with renewable projects. Key statistics from the survey include:

• 92% of respondents were dissatisfied with how project developers engaged with the local community.
• 89% felt that the information provided by developers was not relevant to the concerns they had raised.
• 85% were dissatisfied with the explanations they received in response to their questions.
• 85% stated that their concerns were not addressed in a timely manner.

In response to these findings, the Queensland Government announced in April 2024 its intention to develop a mandatory, Australia-first code. To inform the code’s design, the government partnered with the Queensland Renewable Energy Council (QREC) and The Energy Charter, engaging with a range of agricultural, community, and First Nations stakeholders.

Core Objectives of the Code of Conduct for Renewable Energy Developers

The primary goal of the proposed code of conduct for renewable energy developers is to establish clear standards for achieving and maintaining a social licence to operate. It aims to ensure that developers engage genuinely with landholders and communities throughout the entire lifecycle of a project, from development and construction to operation. Furthermore, this framework is designed to build trust and ensure that regional Queensland communities are treated as full partners in the state’s energy transition.

The code is intended to shift the focus towards delivering tangible and lasting benefits for the regions hosting clean energy infrastructure. As a result, the core objectives centre on improving local outcomes in several key areas:

• Local Infrastructure: Ensuring projects contribute to necessary upgrades and new facilities.
• Jobs and Economy: Promoting local employment and supporting the regional economy.
• Environmental Outcomes: Protecting the local environment and social fabric.
• Community Benefit: Establishing legacy infrastructure and advancing critical services for the community.

Key Compliance Obligations for Renewable Energy Developers in Queensland

Mandated Community Engagement & Social Licence Requirements

The proposed Queensland Renewable Energy Code of Conduct establishes a requirement for developers to engage genuinely with stakeholders. This obligation extends throughout the entire lifecycle of renewable projects, from development and construction to ongoing operations.

Specifically, developers must interact with key groups, including:

• local councils;
• Elders;
• landholders; and
• the broader community.

This focus on authentic community engagement is a direct response to feedback highlighting dissatisfaction with previous developer practices. Consequently, the code aims to ensure that social licence is a primary consideration for all renewable energy developers. By mandating these standards, the framework seeks to build trust and ensure projects deliver tangible benefits that align with the priorities of regional communities.

Securing Connection to the Queensland SuperGrid

A critical compliance measure under the proposed framework links community partnership directly to grid access. Developers seeking approval to connect their renewable projects to the Queensland SuperGrid must first demonstrate that they can work effectively in partnership with the local community.

As a result, this requirement makes social licence a prerequisite for project progression. It is no longer a secondary consideration but a fundamental component for gaining approval for grid connection. Ultimately, this policy ensures that developers who fail to build positive relationships and deliver community benefits will face significant barriers to operating in Queensland.

How Development Companies Can Structure Projects to Satisfy the New Code

Negotiating Effective Community Benefit Arrangements

To comply with Queensland’s regulatory framework, renewable energy developers must structure projects around delivering tangible community benefits. Under the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025, which commenced on 18 July 2025, proponents of wind, large-scale solar, and major battery storage projects must enter into a community benefit agreement before lodging a development application.

These agreements are intended to provide lasting legacy outcomes for the regions hosting renewable projects. Therefore, developers can explore various models to meet these obligations and secure a social licence to operate. Options for structuring these arrangements include:

• Pooled funds: Contributions can be directed into a collective fund, particularly for projects within designated Renewable Energy Zones, which allows for strategic investment in larger, more impactful regional initiatives.
• Direct infrastructure improvements: Agreements can focus on direct funding for local infrastructure upgrades, such as roads, community facilities, or essential services, addressing specific needs identified by the community.
• Economic and social programs: Benefits can extend to creating local jobs, supporting local businesses, and enhancing the social fabric of the community through targeted programs.

Integrating Social Impact Requirements into Project Lifecycles

Embedding social impact considerations from the earliest stages of a project is essential for viability and compliance. The Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 mandates that a social impact assessment (SIA) must be completed before a development application can be submitted. Consequently, this requirement shifts community engagement from a late-stage consideration to a foundational part of project planning.

Developers should treat the SIA as an ongoing process rather than a one-time report. This involves early and transparent communication with local councils, landholders, and community groups to identify concerns and opportunities. Ultimately, a proactive approach allows developers to:

• Incorporate community feedback into the project design.
• Build trust and maintain a social licence throughout the project’s lifecycle.
• Address potential impacts on local services, workforces, and accommodation during the construction phase.
• Align the project with the community’s long-term priorities, ensuring the benefits are meaningful and sustained.

The Interplay Between the Code & Recent Queensland Planning Law Changes

The New Community Benefit System & Impact Assessments

The proposed renewable energy code operates alongside significant changes to Queensland’s planning laws, creating new complexities in planning and environment law. The Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025, which commenced on 18 July 2025, introduced a new community benefit system into the Planning Act 2016. As a result, this system legally requires developers to complete a social impact assessment (SIA) and finalise a community benefit agreement before they can lodge a development application.

This requirement applies to several types of renewable projects, ensuring community engagement and benefit sharing are addressed from the project’s outset. The developments subject to this system include:

• Wind farm developments;
• Solar farm developments with a maximum electricity output of 1MW or more; and
• Battery storage facilities with a maximum electricity output of 50MW or more.

Furthermore, these legislative changes mandate that development applications for solar and wind farms undergo an impact assessment. This process involves public notification, allowing community members and other stakeholders to make submissions on the proposal. It also provides third-party appeal rights, giving the community a greater voice in the approval process.

Updates to the Wind Code & State Assessment Referral Agency Roles

The State Assessment and Referral Agency (SARA) now acts as the central assessment manager for major renewable energy developments. This role covers all wind farm applications and large-scale solar farms with an output of 1MW or more, ensuring a consistent application of rules across Queensland.

In line with this, the updated Wind Code (State Code 23: Wind Farm Development) introduces stronger protections for both the environment and local communities. Key features of the updated code require developers to address:

• Enhanced safeguards for areas with high ecological and biodiversity value.
• Protections for the Great Barrier Reef against impacts from construction activities.
• Early identification and assessment of viable haulage routes for equipment and materials.
• Adherence to best-practice acoustic criteria to manage noise impacts.
• Clear requirements and expectations for the rehabilitation of the site after the project’s life.
• An investigation into the effects of the construction phase on local workforces and accommodation availability.

Strategic Advice for Real Estate Investors & Joint Venture Partners

Balancing Host Landholder Interests with Broader Community Needs

Investors in Queensland renewable energy projects, particularly those structuring a joint venture agreement for property development, must now account for a significant shift in financial and social obligations. The regulatory framework prioritises broad community benefits alongside agreements with host landholders. Consequently, this creates a new challenge for developers who may have previously focused financial arrangements primarily on securing land access through payments to the landowner.

The proposed code of conduct for renewable energy developers and recent planning law changes place a strong emphasis on a project’s contribution to the wider community. These broader community benefits can include:

• Improvements to local infrastructure;
• Job creation; and
• General support for the regional economy.

As a result, developers may find themselves needing to allocate substantial funds to these initiatives, which could influence the financial terms offered to host landholders. Ultimately, this requires a careful balancing act to ensure both the landholder and the broader community are satisfied, thereby securing the project’s overall social licence.

Preparing for Early Engagement & Notification Schemes

Proactive and transparent communication is now a critical component of any successful renewable project in Queensland. The government is considering a formal notification scheme to ensure communities are engaged at the earliest possible stage. This aligns with the requirements of the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025, which mandates that social impact assessments and community benefit agreements are finalised before a development application is even lodged.

Investors and those entering into property development joint ventures should prepare for these enhanced engagement standards by integrating community consultation into the initial phases of project planning. Specifically, the public notification requirements have been expanded to include:

• Placing a public notice on community notice boards in affected townships;
• Notifying all adjoining lot owners and any lots within 1500 metres of the project site;
• Formally notifying all local governments identified as being affected by the development; and
• Publishing a notice on the Department of State Development, Infrastructure and Planning website.

Conclusion

Queensland’s proposed renewable energy code of conduct, along with recent planning law changes, establishes mandatory community engagement and benefit-sharing obligations for developers. This new framework requires proactive project structuring to ensure social licence is achieved, which is now a prerequisite for connecting to the state’s SuperGrid.

To successfully meet these new standards and maintain project viability, it is important for developers to structure agreements and engagement strategies in line with the updated regulatory landscape. Contact the property development lawyers at GRM LAW today for guidance on preparing compliant project frameworks and effective community benefit agreements under the new code.

Frequently Asked Questions

Disclaimer: This is general information only and is not legal advice. For advice on your circumstances, contact GRM LAW.