Dundonnell Wind Farm

Planning and Land Use Assessment

For: Trustpower (NZ) Ltd

0107773 Final

June 2015

Environmental Resources Management Australia Pty Ltd

FINAL

Dundonnell Wind Farm

Planning and Land Use Assessment

For: Trustpower Australia (NZ) Ltd

0107773

June 2015

For and on behalf of Environmental Resources Management Australia

Approved by: Stuart McGurn Position: Partner Signed:

Date: June 2015 This disclaimer, together with any limitations specified in the report, apply to use of this report. This report was prepared in accordance with the contracted scope of services for the specific purpose stated and subject to the applicable cost, time and other constraints. In preparing this report, ERM relied on: (a) client/third party information which was not verified by ERM except to the extent required by the scope of services, and ERM does not accept responsibility for omissions or inaccuracies in the client/third party information; and (b) information taken at or under the particular times and conditions specified, and ERM does not accept responsibility for any subsequent changes. This report is subject to copyright protection and the copyright owner reserves its rights. This report does not constitute legal advice.

Environmental Resources Management Australia Level 3, Tower 3, World Trade Centre 18-38 Siddeley Street, Docklands 3005, Australia Telephone +61 3 9696 8011 Facsimile +61 3 9696 8022 www.erm.com Dundonnell Wind Farm Planning and Land Use Assessment

Contents

1 INTRODUCTION 1

2 METHODOLOGY 3 2.1 EES Scoping Requirements 3 2.2 Scope of Works 4

3 EXISTING ENVIRONMENT 6 3.1 The Project Area 6 3.2 Existing Conditions 8 3.2.1 Land Use 8 3.2.2 Housing 12 3.2.3 Infrastructure 12 3.3 Potential Future Land Uses 13

4 PROJECT DESCRIPTION 14 4.1 The Proposed Wind Farm 14 4.2 Transmission Line 17 4.3 Off-Site Substation 17 4.4 Road Widening Upgrades 19 4.5 Removal of Native Vegetation 19

5 LEGISLATIVE FRAMEWORK 21 5.1 Commonwealth Legislation 21 5.2 State Legislation 21 5.2.1 Planning and Environment Act 1987 21 5.2.2 Environment Effects Act 1978 22 5.2.3 Mineral Resources (Sustainable Development) Act 1990 22 5.2.4 Other Relevant Legislation 22

6 MOYNE PLANNING SCHEME 25 6.1 State Planning Policy Framework 25 6.2 Local Planning Policy Framework 27 6.2.1 Municipal Strategic Statement 27 6.2.2 Local Planning Policies 28 6.3 Zoning and Overlay Controls 29 6.3.1 Land Use Definitions 29 6.3.2 Zoning Controls 30 6.3.3 Farming Zone 30 6.3.4 Road Zone Category 1 32 6.3.5 Special Use Zone Schedule 1 32 6.4 Overlays 32 6.4.1 Environmental Significance Overlay 32 6.5 General and Particular Provisions 35

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6.5.1 Clause 52.05 – Advertising Signs 35 6.5.2 Clause 52.08 – Earth and Energy Resources Industry 35 6.5.3 Clause 52.09 - Stone Extraction and Extractive Industry Interest Areas 35 6.5.4 Clause 52.17 – Native Vegetation 35 6.5.5 Clause 52.29 – Land Adjacent to a Road Zone Category 1 36 6.5.6 Clause 52.32 – Wind Energy Facility 37 6.5.7 Clause 52.37 – Post Boxes and Dry Stone Walls 38 6.5.8 Clause 62 - Uses, Building, Works, Subdivision and Demolition Not Requiring a Permit 38 6.5.9 Clause 65 – Decision Guidelines 38 6.6 Summary of Planning Controls and Permit Triggers 38 6.7 Other Relevant Documents 40 6.7.1 Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria 40 6.7.2 Permitted clearing of native vegetation – Biodiversity assessment guidelines 41 6.7.3 Great South Coast Regional Growth Plan 41 6.7.4 Glenelg Hopkins Regional Catchment Strategy 2013-2019 41 6.7.5 Draft National Wind Farm Development Guidelines 42 6.7.6 Victorian Greenhouse Strategy Action Plan Update 42 6.7.7 South West Landscape Assessment Study 42 6.7.8 Draft Major Energy Proposals and their Ancillary Infrastructure 42 6.7.9 Environmental Sustainability Strategy 43

7 PLANNING AND LAND USE ASSESSMENT 44 7.1 Consistency with the State Planning Policy Framework 44 7.2 Consistency with the Local Planning Policy Framework 47 7.3 Consistency with Zones, Overlays and Particular Provisions 48 7.4 Compatibility of the Project with Existing and Potential Future Uses 49 7.4.1 Agricultural Activities 49 7.4.2 Existing Houses 50 7.4.3 Future Housing 52 7.4.4 Other Land Uses 52 7.4.5 Infrastructure 53

8 MITIGATION MEASURES 54

9 CONCLUSION 55

10 REFERENCES 56

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Figures Figure 3-1 Site Location Plan 7 Figure 3-2 Reported Land Uses on Properties in the Broader Region 9 Figure 3-3 Existing and Proposed Wind Farms Surrounding Dundonnell Wind Farm 10 Figure 3-4 Location of Extractive Industry Tenements 11 Figure 4-1 Site Layout Plan 16 Figure 4-2 Transmission Line and Off-Site Substation 18 Figure 4-3 Location of Road Widening Upgrades 20 Figure 5-1 Approvals Process 24 Figure 6-1 Moyne Planning Scheme Zoning Map 31 Figure 6-2 Moyne Planning Scheme Overlay Map 34

Tables Table 2-1 Evaluation Objectives and Assessment Criteria 3 Table 3-1 Approved, Under Construction or Operational Wind Farms in Proximity to the Project 8 Table 3-2 Proximity to Nearby Townships and Communities 13 Table 6-1 Land Use Terms 29 Table 6-2 Summary of Planning Controls and Permit Triggers 39 Table 7-1 Summary of Policy Assessment against State Planning Policy Framework 45 Table 7-2 Consistency with Zones, Overlay and Particular Provisions 48

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1 INTRODUCTION

Dundonnell Wind Farm Pty Ltd (DWFPL) - a wholly owned subsidiary of Trustpower Australia (NZ) Ltd (Trustpower) is seeking approval for the construction and operation of the Dundonnell Wind Farm (the Project). The Project will involve the construction of up to 104 wind turbine generators (WTGs) at a maximum tip height of 165 metres (m) above ground level and an indicative generation capacity of approximately 312 Megawatts (MW).

Support infrastructure includes an on-site substation, access tracks, and for the construction period, an on-site concrete batching plant and on-site quarry. A 220kV overhead transmission line is proposed to connect the on-site substation to the off-site substation. A 500kV transmission line (up to 1km in length) will connect the off-site substation to the 500kV Heywood-Moorabool network at the Mortlake Gas Power Station (MOPS), approximately 38km south-west of the wind farm site.

The site for the proposed wind farm is made up of freehold agricultural landholdings that cover an area of approximately 4,200ha. Trustpower has entered into commercial agreements with 11 landholders to lease relevant parts of the land to accommodate the wind farm and associated infrastructure. The Project Area which includes the wind farm site, transmission line and off- site substation is contained within the local government area (LGA).

The Dundonnell Wind Farm has been determined to be a ‘controlled action’ requiring assessment and approval under the Commonwealth Environment Protection and Biodiversity Act 1999 (EPBC Act 1999). The Victorian Minister for Planning also determined that an assessment under the Environment Effects Act 1978 (EE Act) was required. The Project will be assessed under the bilateral agreement that allows the Commonwealth Minister for the Environment to make a decision whether to approve the Project based on the an assessment under the EE Act. The Project also requires several planning permits, pursuant to the provisions of the Planning and Environment Act 1987 (P&E Act) and the Moyne Planning Scheme. The approvals process for the Project requires the preparation of an Environmental Effects Statement (EES).

Environmental Resources Management Australia Pty Ltd (ERM) has been engaged by Trustpower to undertake a Planning and Land Use Assessment (PLUA) for the Project.

This report supports the EES and three separate planning permit applications for the Project, pursuant to the provisions of the P&E Act, which will be considered concurrently. These applications are summarised as follows: 1. Use and development of a wind energy facility, comprising up to 104 WTGs, main site access track, internal access tracks, on-site substation, electrical reticulation, up to four wind anemometers, permanent operations/maintenance facility, temporary concrete batching plant and site office buildings; removal of native vegetation; business identification signage; and alterations to roads located in a Road Zone Category 1. 2. Use and development of a utility installation (power lines designed to operate at 220,000 volts or more) for a length of approximately 38 kilometres and associated removal of native vegetation, to enable the connection of the Dundonnell Wind Farm to an off-site substation and subsequent connection into the electricity grid at the Mortlake Gas Power Station. 3. Use and development of a utility installation associated with the off-site substation.

It is noted that due to recent Amendment VC124, the Minister for Planning is now the responsible authority for the approval of all wind farms in Victoria. Thus, of the three planning permit applications listed above, the wind farm application has been lodged with the Department of Environment, Land, Water and Planning (DELWP), whilst the transmission line and off-site substation applications have been be lodged with the Shire of Moyne.

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Dundonnell Wind Farm Planning and Land Use Assessment

Preliminary estimates indicate that the Project could produce approximately 1,000 Gigawatt hours (GWh) of electricity per year. This equates to providing power to over 150,000 homes. The proposed Dundonnell Wind Farm is expected to result in a reduction of approximately

770,000 tonnes of annual carbon dioxide emissions (CO2).

The planning permit applications for the wind farm, transmission line corridor and off-site substation have been prepared in accordance with the Policy and planning guidelines for development of wind energy facilities in Victoria (DELWP, 2015) (the Wind Energy Guidelines). The range of specialist technical assessments that have been prepared in support of the planning applications and EES respond to the key matters required to be addressed by the Wind Energy Guidelines, including the contribution to Government policy objectives, visual amenity, amenity of the surrounding area, aircraft safety, and flora and fauna.

This PLUA outlines the strategic justification and planning merits of the Project pursuant to the relevant statutory and strategic policy provisions, including the Moyne Planning Scheme. The report also provides an analysis of the land use implications and will form part of the EES.

This report finds that, subject to a balanced assessment of relevant policies, the Project is consistent with relevant statutory and strategic policy provisions of the Planning Scheme and is expected to result in a net community benefit for the broader State, regional and local community.

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Dundonnell Wind Farm Planning and Land Use Assessment

2 METHODOLOGY

2.1 EES Scoping Requirements

Evaluation objectives are used to guide the assessment of the potential effects of the Project and form a key component of the Scoping Requirements which are guiding the EES process. The evaluation objectives are based on a preliminary assessment of environmental risks and uncertainties identified for the Project. The evaluation objectives relevant to the PLUA are specifically identified at Section 4.4 of the Scoping Requirements (DTPLI, September 2013) and summarised in Table 2-1.

For the purpose of this report, planning and land use assessment criteria have been developed to assist in responding to the relevant objectives. These are also outlined in Table 2-1.

Table 2-1 Evaluation Objectives and Assessment Criteria

Evaluation Objectives Planning / Land Use Assessment Criteria Land use and Socio-economic – To avoid or  Consistency with the State Planning Policy Framework (SPPF) of the minimise disruption and other adverse effects Moyne Planning Scheme. on local infrastructure (including roads), land  Consistency with the Local Planning Policy Framework (LPPF) of the use (including agricultural and residential) and Moyne Planning Scheme. to neighbouring landowners and road users  Consistency with the Zones, Overlays and Particular Provisions of the during construction and operation of the Moyne Planning Scheme. project.  Compatibility of the Project with existing and potential future uses on adjoining land, residences and public infrastructure, including Sustainable Development – Overall, to ensure consideration of any residual effects. that the Dundonnell Wind Farm Project achieves a balance of economic, environmental and social outcomes that contributes to sustainable development and provides a net community benefit over the short and longer- term.

Note: Socio-economic issues are considered in the Dundonnell Wind Farm - Social Impact Assessment (Capire, 2014) and Dundonnell Wind Farm – Economic Impact Assessment (Hudson Howells, 2014) contained in Volume 2 of the EES.

As outlined in the Scoping Requirements (DTPLI, September 2013), the EES should address the following as relevant to this PLUA report:

Land Use and Socio-Economic  ‘Potential for wind farm to unreasonably disrupt existing and/or proposed land uses, with associated economic and social effects on households and businesses.  Describe the project area in terms of land use (existing and proposed), residences, zoning and overlays under the Moyne Planning Scheme and public infrastructure that support current patterns of economic and social activity.  Identify any proposed measures to mitigate adverse land use effects.  Demonstrate whether the project is consistent with relevant provisions of the Moyne Planning Scheme and other relevant strategies made under Victorian legislation.  Identify proposed management and monitoring measures to further reduce the risk of effects and provide an estimation of likely residual effects.’

This PLUA is intended to respond to these identified matters, within the framework of the relevant evaluation objectives and the identified planning and land use assessment criteria.

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Dundonnell Wind Farm Planning and Land Use Assessment

2.2 Scope of Works

This PLUA supports the EES and three separate planning permit applications and has been prepared following a desktop review of relevant planning legislation and policies, along with a site inspection to confirm existing land uses within the Project area and surrounding properties. Planned future land uses are also considered.

This report has been prepared having regard to the following documentation.

Relevant State and Federal legislation including:  Environmental Protection and Biodiversity Conservation Act 1999 (Commonwealth);  Environment Effects Act 1978 (Victoria);  Planning and Environment Act 1987 (Victoria);  Aboriginal Heritage Act 2006 (Victoria); and  Mineral Resources (Sustainable Development) Act 1990 (Victoria).

The Moyne Planning Scheme including:  State and Local Planning Policy Frameworks;  Zone and Overlay Controls, and Particular Provisions; and  Incorporated and Reference Documents, including the Wind Energy Guidelines.

The focus of this assessment is on the P&E Act and the relevant policies and zoning and overlay controls of the Moyne Planning Scheme.

In preparing this report, the findings of other technical studies have been utilised to inform the assessment of the Project against the statutory and strategic policy provisions of the Moyne Planning Scheme. Specifically the following technical assessments have been relied on:  Dundonnell Wind Farm – Environment Effects Statement prepared by ERM (2015a);  Dundonnell Wind Farm – Geoscience Features, Significance and Sensitivity Assessment prepared by Environmental GeoSurvey Pty Ltd (2014);  Dundonnell Wind Farm - Hydrogeological Study prepared by ERM (2015b);  Dundonnell Wind Farm – Surface Water Assessment prepared by Water Technology (2014);  Dundonnell Wind Farm – Historic Heritage Assessment (HV No. 4253) prepared by Archaeology at Tardis (2014a);  Dundonnell Wind Farm Transmission Powerline – Historic Heritage Assessment (HV No. 4430) prepared by Archaeology at Tardis (2014b);  Dundonnell Wind Farm – Cultural Heritage Management Plan (CHMP No. 12393) prepared by Archaeology at Tardis (2015a);  Dundonnell Wind Farm Transmission Line – Cultural Heritage Management Plan (CHMP No. 12394) prepared by Archaeology at Tardis (2015b);  Dundonnell Wind Farm – Brolga Assessment prepared by BL&A (2014);  Dundonnell Wind Farm – Flora and Fauna Assessment prepared by Brett Lane and Associates (BL&A) (2015);  Dundonnell Wind Farm – Noise Impact Assessment prepared by Marshall Day Acoustics (MDA) (2014);  Shadow Flicker and Blade Glint Assessment for the Dundonnell Wind Farm prepared by Garrad Hassan Pacific Pty Ltd (2014a);  Assessment of Electromagnetic Interference Issues for the Dundonnell Wind Farm prepared by Garrad Hassan Pacific Pty Ltd (2014b);  Dundonnell Wind Farm – Landscape and Visual Impact Assessment prepared by ERM (2014);  Dundonnell Wind Farm - Traffic Impact Assessment prepared by Cardno (2014);

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Dundonnell Wind Farm Planning and Land Use Assessment

 Dundonnell Wind Farm – Social Impact Assessment prepared by Capire (2014);  Dundonnell Wind Farm – Economic Impact Assessment prepared by Hudson Howells (2014); and  Dundonnell Wind Farm – Aeronautical Impact and Night Lighting Assessment prepared by Aviation Projects (2014).

The technical assessments listed above are contained in Volume 2 of the EES, which accompanies the planning permit applications.

This report has also been informed by discussions with officers from Moyne Shire Council, DELWP (formerly DTPLI and DEPI) and the Country Fire Authority (CFA).

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Dundonnell Wind Farm Planning and Land Use Assessment

3 EXISTING ENVIRONMENT

The aim of this section is to provide a brief overview of the existing conditions of the Project area and surrounds that are relevant to this PLUA. A more detailed discussion of the environmental features of the Project Area is provided in the EES and technical studies referred to in the methodology of this report.

3.1 The Project Area

The proposed wind farm site is located in south-western Victoria, approximately 23km north- east of Mortlake and 21km west of Derrinallum. The site is wholly contained within the Shire of Moyne LGA. A site location plan is provided at Figure 3-1.

The wind farm site is irregular in shape and bounded by farmland to the north, Darlington- Nerrin Road to the east, -Dundonnell Road to south and farmland to the west. The site comprises approximately 4,200ha of agricultural land with isolated homesteads. Wind farm infrastructure including WTGs and roads will cover an area of approximately 220ha, which constitutes approximately 2% of the wind farm site.

Trustpower has entered into commercial agreements with 11 landholders to host the wind farm. The associated transmission line runs approximately 38km to the south-west of the wind farm site and will generally be located on private land and within road reserves. Trustpower has entered into commercial agreements with 15 landholders to host the transmission line easement. The transmission line connects with the proposed off-site substation on the land to the east of MOPS (EPA Licence 8750) and a commercial agreement will be in place.

A summary of the Certificates of Title relevant to the Project is provided at Volume 3 of the EES together with copies of the titles. Some of the Certificates of Title identify encumbrances on the land including caveats and powerline easements.

Trustpower is not seeking approval for the use and development of the Crown land allotments that are located within the wind farm site boundary because it is not proposing to use or develop this land for wind farm-related purposes. There are however ‘paper roads’ within the wind farm site which will be traversed by wind farm cables and access tracks.

In addition, there are three small allotments located adjacent to Darlington-Nerrin Road which do not form part of the subject site. These allotments are formally described as Lot 1 on TP757231, Allotment 85A Parish of Terrinallum and Lot 1 on TP575737. The location of these lots is shown in Figure D-1 provided at Annex D.

In the case of those sections of the proposed transmission line running along Mortlake-Ararat Road and Castle Carey Road, the transmission line will be located within the road reserves and will not extend into private land adjacent to the road reserves (noting that as a result of the scale used in some of the mapping of the transmission line corridor this may not always be exactly clear from those maps). Thus in those locations Trustpower is not seeking approval for use and development of land beyond the extent of the road reserves.

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3.2 Existing Conditions

3.2.1 Land Use

The wind farm site, transmission line and adjoining areas are primarily unimproved pastoral land used for grazing. The land has been partly cleared for improved pasture, and land use surrounding the Project also includes cropping, as shown in Figure 3-2.

Existing infrastructure at the wind farm site is predominantly agricultural in nature and includes isolated homesteads, sheds, access tracks and fencing. Surrounding areas also contain agricultural infrastructure similar to that of the site.

The land sits on the western Victorian volcanic plains and comprises flat to gently undulating terrain. Remnant native vegetation generally occurs in patches with shrubland identified on basalt stony rises and along some roadsides, and within the Mt Fyans Wildlife Reserve (which is located centrally to the wind farm but has been excluded from the site).

The off-site substation is proposed to be constructed on the land to the east of the MOPS, which is currently cultivated for tree plantations.

There are several operational, approved or proposed wind farms in the vicinity of the wind farm site. These wind farms are described in Table 3-1 and identified in Figure 3-3.

Table 3-1 Approved, Under Construction or Operational Wind Farms in Proximity to the Project

Wind Farm Approximate distance and direction from Status wind farm site Stockyard Hill 45km north-east Approved Morton’s Lane 45km west Operational Berrybank 50km south-east Under construction* Salt Creek 15km south-west Under construction* Darlington 1 20km south EES referral lodged Mortlake South 35km south Under construction* Macarthur 70km south-west Operational Oaklands Hill 37km north-west Operational Penshurst 65km west Preparing EES Challicum Hills 55km north Operational Waubra 75km north-east Operational Chepstowe 55km north-east Approved Hawkesdale 60km south-west Under construction* Ryans Corner 80km south-west Under construction* Tarrone 80km south-west Planning approval stage Woolsthorpe 60km south-west Under construction* * It is understood that substantial construction has not yet commenced at these projects, i.e. WTG suppliers have not been selected and full construction contracts have not been awarded or offtake agreements been reached.

There are also a number of current extractive industry tenements in the region, refer to Figure 3-4. These tenements include Salt Creek Quarry, which is located approximately 15km south west of the site, and Mount Shadwell Quarry, which is located approximately 3km north of Mortlake and is wholly owned by the Moyne Local Government Area (LGA).

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Wind Farm site boundary TREBINE ROAD CA Client: Trustpower MainMPB EsiteL access track EIGHT MILE LANE Figure 3.2 - Reported Land Uses on LS LANE HAMILTON HIGHWAY CASTLE CAREY ROAD 0107773_002G_R3_TP_Fig3_2_LUse_150313.mxd DALES LANE Drawing No: Properties in the Broader Region Land Use Date: 13/03/2015 Drawing Size: A4 Dundonnell Wind Farm E Cropping Planning and Land Use Assessment LAN WAGGS LANE Drawn By: CB Reviewed By: RS YS CE Mixed This figure may be based on third party data or data which has not been Environmental Resources Management ANZ D A R verified by ERM and it may not be to scale. Unless expressly agreed

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Constructed Wind Farm Turbines (Vicmap) Dundonnell Wind Farm site boundary Indicative Location of Wind Farms Apollo Bay Status Operational / Under Construction / Approved 0 5 10 15 20 25 Data sources : Vicmap (DEPI April 2014); Proposed Vic Gov Energy and Resources Wind Projects (May 2014) Kilometres Proposed and under construction windfarm locations have Indicative Viewsheds of Operational / been inferred from publically available information Under Construction / Approved Wind Farms Client: Trustpower Figure 3-3 - Existing and Proposed Wind Farms 0107773_002G_R3_TP_Fig3_3_CmvLVIA_150324.mxd Surrounding Dundonnell Wind Farm Indicative location of Proposed Wind Drawing No: Farms Date: 24/03/2015 Drawing Size: A4 Dundonnell Wind Farm Viewshed Overlap Drawn By: GR Sources:Reviewed Esri, HERE,By: ED PlanningDeLorme, & Land USGS, Use Assessment Intermap, increment P Corp., This figure may be based on third partyNRCAN, data or data Esri which hasJapan, not been METI,Environmental Esri ChinaResources (Hong Management Kong), ANZ Esri (Thailand), Viewshed of Dundonnell Wind Farm verified by ERM and it may not beTomTom, to scale. Unless MapmyIndia, expressly agreed © OpenStreetMap contributors, and the GIS User otherwise, this figure is intended as a guide only and ERM does not Auckland, Brisbane, Canberra, Christchurch, warrant its accuracy. Community Melbourne, Newcastle, Perth, Port Macquarie, Sydney E

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BARRS LANE WOORNDOO-DUNDONNELL ROAD

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ROGER STREET L E Main site access track HO J PK R I IV N E R S H DARLINGTON Mortlake gas power station A CASTLE CAREY ROAD M DARLINGTON-CAMPERDOWN ROAD IL Off-site substation T O S OUTH R N OAD On-site substation

H SIX MILE LANE I G Proposed transmission lineKURWEETON ROAD E PRICES LANE H N A CASTLE CAREY ROAD W L corridor E A R O Y M HAMILTON HIGHWAY Current extractive industry N A D R A tenements (WA) C O R HARDYS LANE G N A Client: Trustpower R Figure 3.4 - Location of Extractive E T 0107773_003G_R3_TP_Fig3_4_Extr_tenem_150313.mxd- N WA1478 E Industry Tenements Drawing No: O N T A

Mortlake L G FIVE MILE LANE WA352 N IN Dundonnell Wind Farm THULBORNS LANE Date: E 13/03/2015 Drawing Size: A4 L L TREBINE ROAD KINGS LANE Gas Power I R M A Planning and Land Use Assessment E Drawn By: ML D Reviewed By: RS Station CAMPBELLS LANE T N ARNOTTS LANE BOOTHS ROAD H A L WA26 This figure G may be based on third party data or data which has not been S EI Environmental Resources Management ANZ H verified by ERM and it may not be to scale. Unless expressly agreed CONNEWARREN LANE T BLIND 0 1,900 3,800 5,700m O otherwise, this figure is intended as a guide only and ERM does not O CREEK Auckland, Brisbane, Canberra, Christchurch, B WAGGS LANE BOONERAH ESTATE ROAD warrant its accuracy. Melbourne, Newcastle, Perth, Port Macquarie, SydneyDARCEYS LANE Dundonnell Wind Farm Planning and Land Use Assessment

3.2.2 Housing

There are currently three dwellings within the boundary of the wind farm site that are within 1km of a proposed WTG (H4, H48 and H60). These dwellings, together with H45 and H59, which are located just outside the boundary, have not been considered in the various specialist technical assessments. The owners of these dwellings have given their consent for these WTGs to be included in the proposed wind farm layout. The owners have also each entered into legal agreements with Trustpower on mutually acceptable terms, such that if the wind farm proceeds to construction, these dwellings will either be acquired by Trustpower, removed, or modified and uninhabited for the duration of the wind farm's operation. These dwellings are defined as “specific arrangement” dwellings.

There are a further nine dwellings within 2km of a proposed WTG, five participating landholders (H2, H41, H49, H50 and H51) and four participating neighbours (H1, H46, H47 and H52). The owners of these dwellings have given their consent for these WTGs to be included in the proposed wind farm layout, refer Volume 4 of the EES. This reflects the previous planning controls that were in place in relation to wind farms (prior to Amendment VC124 being gazetted) whereby evidence of the written consent was required of any owner of an existing dwelling located within 2km of a proposed turbine forming part of a wind energy facility, instead of 1km as now applies.

In summary, there are seven dwellings located within 1km of a WTG. These are H1, H2, H4, H47, H48, H59 and H60, of which, four will be uninhabited for the duration of the wind farm's operation.

Figure 4-1 identifies the location of the houses associated with the ‘participating landholders’ and ‘participating neighbours’ as well as the houses that have not been assessed in this PLUA and the supporting technical studies.

The nearest non-participating house is House No. 42, which is located just over 2km from the nearest WTG. Non-participating houses more than 2km from a WTG have been identified on Figure 4-1 as ‘local landholders’.

3.2.3 Infrastructure

Public Infrastructure

Major roads in proximity to the wind farm site include the Glenelg Highway approximately 17km to the north, and the Hamilton Highway, approximately 12km to the south.

Woorndoo-Streatham Road runs north from Woorndoo-Dundonnell Road to the intersection of the Glenelg Highway. An access road through private land to the western boundary of the wind farm site is proposed from this road. The wind farm site is also bisected or bounded by several minor roads, which will be used for maintenance of the Project.

Further details regarding the local road infrastructure surrounding the Project is provided in the Traffic Impact Statement (Cardno, 2014) contained in Volume 2 of the EES.

Community Infrastructure

Community infrastructure surrounding the site is generally located within the townships in the wider area. There are five townships within 25km of the wind farm site, as summarised in Table 3-2.

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Table 3-2 Proximity to Nearby Townships and Communities

Township Approximate distance and direction from wind farm site (km) Mortlake 23km south-west Woorndoo 12km west Darlington 12km south-east Pura Pura 20km north-east Derrinallum 21km east-south-east

3.3 Potential Future Land Uses

As of March 2015, there are no current Planning Scheme Amendments or planning permits for dwellings within the wind farm site or neighbouring properties within 1km of the proposed WTGs. The potential for the wind farm to affect the development of new dwellings (not yet contemplated or known) on adjoining properties is addressed in Section 7.4.3.

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4 PROJECT DESCRIPTION

Dundonnell Wind Farm Pty Ltd (DWFPL) - a wholly owned subsidiary of Trustpower, proposes to develop the Dundonnell Wind Farm in south-western Victoria, which comprises the installation of up to 104 WTGs and associated on-site infrastructure. A 220kV overhead transmission line is proposed to connect the on-site substation to the 500kV Heywood- Moorabool network at MOPS, approximately 38km south-west of the wind farm site. As mentioned previously, the Project is the focus of three separate planning permit applications, which cover the following key components requiring planning approval:  Wind farm and associated on-site infrastructure;  transmission line (utility installation);  off-site substation (utility installation);  road widening upgrades; and  removal of native vegetation.

The Project components are discussed briefly below, with more detailed descriptions provided in the accompanying EES. In addition, specific detail of the wind farm application provided at Annex A of this Assessment, the transmission line application at Annex B and off-site substation at Annex C.

The Project is anticipated to have a construction timeframe of approximately 24-36 months.

4.1 The Proposed Wind Farm

The wind farm involves the installation of up to 104 WTGs, with a maximum tip height of 165m above ground level for the generation of electricity. Each WTG consists of a tower, nacelle, hub and rotor, and these elements will all be finished in a non-reflective, white to light grey colour palette.

Each WTG will have a maximum hardstand area of approximately 50m by 30m at its base, depending on the topography of the surrounding area. These hardstand areas will be constructed of crushed rock and provide a flat space for the laydown of components and working areas for assembly cranes. During construction, topsoil will be removed and stockpiled (for rehabilitation), then suitable ‘foundation’ material will be laid and compacted, before being covered, with a final sheet of crushed rock.

Each WTG will comprise a transformer required to facilitate a voltage ‘step up’ to the distribution voltage of 33kV collected at the on-site substation. Depending on the type of WTG selected, this transformer may be located within an external kiosk mounted on the pad adjacent to each WTG, or contained within the WTG in the tower base or nacelle. Underground cabling will connect the WTG to the on-site substation and will generally follow the alignment of the internal access roads.

A substation compound is proposed on-site, with the approximate dimensions of 200m by 150m. The structure will have a maximum height of approximately 6m, except where overhead cables will leave and enter the compound. The primary purpose of the electrical substation/ switchyard is the reception, transformation and distribution of electrical power and energy. The electrical substation/ switchyard will house up to two dual-rated transformers, associated ventilation equipment, switch gear, and ancillary equipment for the transformation and distribution of energy.

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A main access track, with a length of approximately 6.5km and a width in parts up to 12m, is proposed to be established from Woorndoo-Streatham Road to access the site’s western boundary through private land. The construction and maintenance of the wind farm will also require the construction of approximately 75km of private access tracks within the wind farm site.

The tracks will be constructed to enable the movement of heavy equipment and the transportation of WTG components. The tracks will also provide ongoing access for farm management practice for landholders continuing to utilise the site. Access track construction will involve grading and removal of topsoil, placement and compaction of a suitable crushed road base, and installation of required drainage works. During construction, the access tracks are proposed to be 10m wide (plus approximately 1m shoulders on either side).

It is proposed that up to four permanent wind monitoring masts will be required during the development of the wind farm. The masts will have a height of approximately 110m above ground level.

An on-site quarry (Work Authority 1540) is proposed to provide the materials required for construction of hardstands and the internal access tracks. Extraction is intended from up to two pits, with the basalt materials processed into crushed rock products. Temporary amenities and workshop buildings will be located within the perimeter of the processing area and the product sourced from the quarry will be transported within the wind farm site boundary, thereby avoiding the local road system. Further detail regarding the proposed quarry is provided in the draft work plan (CK Prowse, 2015), which accompanies the EES.

In addition to the principal wind farm components, a permanent site facilities area will be constructed for use during construction and operation. The area of land occupied by the site facilities will be approximately 100m by 75m and will include sheds and meeting rooms, offices, car parking, laydown areas and truck parking. The site facilities will serve as a joint facility and service all Project infrastructure, including both substations and wind farm throughout operation.

Two temporary concrete batching plants will be established on-site during the construction phase only, one near the western boundary and another located centrally within the wind farm site. Whilst the exact details of the facilities will be determined during the detailed design phase, typically the area required for the plant and storage of materials is approximately 100m by 100m, with a height of approximately 10m.

Water supply for the concrete batching plant, dust suppression and other construction activities will be required on-site. It is anticipated that water for the concrete batching plant will be supplied from groundwater sourced within the wind farm site subject to an appropriate resource being available and appropriate approvals being obtained. In the unlikely event that groundwater volume is not sufficient, then water will be taken from local water sources, subject to approval.

The proposed layout of wind farm site including the WTGs, access track network and associated infrastructure is identified in Figure 4-1.

During the operation of the wind farm approximately seven to ten permanent staff will occupy the permanent operations/maintenance facility. Whilst most activity is anticipated to occur during business hours, Monday to Friday, access to the site will be required on a 24 hour basis, seven days a week.

Minimal business identification signage will be used in areas such as the permanent maintenance facility. The final details of such signage will be determined during the detailed design phase and to the satisfaction of the responsible authority.

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21 LAKE 2km GELLIE

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PM1 T007 T001 T002 T003 PM2 T004

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T019 T018 T020 T021 DUN02 T022 T024 T025 T023 T026 T028 T027 T029 T030 T032 T031 DARCYS LANE T034 T033 T035 T037 T036 T039 T038 PM3 T040 T041 FASHAMS LANE T042 T043 T045 T046 T044 T050 T048 T049 T047 Substation T051 T052 T054 T053 DOHERTYS LANE Legend T056 48 T057 T058 T060 T059 T063 T061 T062 Wind Farm site boundary T065 T064 T066 LAKE DUN01 T068 1 T067 TERRINALLUM Wind turbine generators T073 T069 T072 T071 T070 T074 T078 4 T075 Existing monitoring mast T077 T076 T079

T080 D T081 A Proposed permanent mast T083 T084 T085 T082 O T086 POST OFFICE60 LANE R 41 T087 C Buffer from wind turbine generators T088 59 A L L A T089 B Access tracks T090 Dundonnell N

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Proposed transmission line corridor T103 Concrete Batching Plant 39 T102 46 N Site Compound PM4

D 45 Laydown areas A O 0 1 2 R Source:

On-site substation N Bing Maps 40 I R DUNDONNELL- DERRINALLUM ROAD R Kilometers E Residences -N 9 44 N Client: Trustpower Figure 4.1 - Site Layout Plan 42 O T

Local Landholder G 0107773_004G_R3_TP_Fig4_1_Site_lay_150413.mxd

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A Date: 13/04/2015 Drawing Size: A4 Participating Landholder D Dundonnell Wind Farm Drawn By: ML Reviewed By: DB Planning & Land Use Assessment Participating Neighbour 43 This figure may be based on third party data or data which has not been Environmental Resources Management ANZ verified by ERM and it may not be to scale. Unless expressly agreed Specific otherwise, this figure is intended as a guide only and ERM does not Auckland, Brisbane, Canberra, Christchurch, warrant its accuracy. Melbourne, Newcastle, Perth, Port Macquarie, Sydney Dundonnell Wind Farm Planning and Land Use Assessment

Decommissioning and Rehabilitation

The Proponent of the Project has entered into long-term leasing agreements with the participating landholders for the construction and operation of the wind farm, transmission line and off-site substation. The WTGs have an expected operating life of 25 years. At the completion of this period there are three main options for consideration:  Continue the use of the site as a wind farm using the existing WTGs;  replace the WTGs with technology current at the time and continue the use of the site as a wind farm for a further term; or  decommission the Project and remove the WTGs and associated infrastructure in accordance with agreed Decommissioning and Rehabilitation Plan.

A Decommissioning and Rehabilitation Plan will be prepared as per the requirements outlined within Appendix B of the Wind Energy Guidelines and will provide for the rehabilitation and decommissioning of all components of the proposed wind farm.

The decommissioning work would be undertaken in consultation with the landholders to ensure that the land can be returned to agricultural use. Hardstand crane pads constructed for the Project would be reused during the decommissioning stage of the Project. It is anticipated that some access tracks may be retained, should landholders desire to use them for agricultural activities. In most areas, the wind farm site would be returned to rural pasture, with native vegetation planted where necessary.

4.2 Transmission Line

The proposed overhead transmission line will extend from the wind farm site to the off-site substation located on the land to the immediate east of the MOPS.

The transmission line route will consist of a 220 kV [single or double circuit] transmission line (comprising three or six wires). The transmission line will be primarily constructed on monopoles up to a maximum height of 35m above ground level, however some double pole structures may be required in select locations due to topography or other technical requirements. The average span between each pole will be approximately 250m, although this may vary between poles due to topography, vegetation or landholder requirements. A 500kV transmission line (up to 1km in length) will connect the off-site substation and MOPS.

The proposed transmission line and grid connection system designed for the Project is indicated in Figure 4-2.

4.3 Off-Site Substation

An off-site substation will also be required at the point of interconnection at the existing MOPS substation on the Heywood-Moorabool 500 kV network. The substation will be located on the land to the east of the MOPS and the compound will have approximate dimensions of 200m by 280m. The structure will have a maximum height of approximately 9.4m, except where overhead cables will leave and enter the compound.

This substation will contain similar infrastructure to the on-site substation. The location of the off-site substation is identified in the site layout plan at Figure 4-2.

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Legend

Wind Farm site boundary

On-site substation

Local government boundary

Off-site substation

Proposed transmission line corridor Main site access track

Mortlake gas power station

Client: Trustpower Figure 4.2 - Transmission Line and Drawing No: 0107773_005G_R3_TP_Fig4_2_Tlin_150313.mxd Off-site Substation N Date: 13/03/2015 Drawing Size: A4 Dundonnell Wind Farm Drawn By: ML Reviewed By: RS Planning and Land Use Assessment This figure may be based on third party data or data which has not been Environmental Resources Management ANZ 0 1,900 3,800 5,700m verified by ERM and it may not be to scale. Unless expressly agreed otherwise, this figure is intended as a guide only and ERM does not Auckland, Brisbane, Canberra, Christchurch, warrant its accuracy. Melbourne, Newcastle, Perth, Port Macquarie, Sydney Dundonnell Wind Farm Planning and Land Use Assessment

4.4 Road Widening Upgrades

It is proposed to upgrade and widen sections of the local road network to accommodate the over dimensional (OD) haulage route between Woorndoo and the wind farm site.

At this stage, the Traffic Impact Assessment (Cardno, 2014) has identified four locations where road widening works will be required. These locations are shown in Figure 4-3. The upgrade works identified to date are not expected to impact on existing native vegetation within the road reserves.

4.5 Removal of Native Vegetation

The development of the Project will require the removal of native vegetation associated with the wind farm infrastructure, main site access track, internal access tracks and the transmission line corridor. Native vegetation is not proposed to be removed to accommodate the on-site quarry and off-site substation.

The layout of the proposed wind farm, including WTGs, access tracks and other infrastructure, has been designed to avoid patches of native vegetation, wherever possible. Careful siting of the proposed WTG footprints and transmission line corridor has enabled many potentially affected areas of native vegetation to be avoided.

The Flora and Fauna Assessment undertaken by BL&A (2015) concluded that the current wind farm layout and main site access track will result in the removal of approximately 1.285ha of remnant native vegetation and 0.114 biodiversity equivalence units.

In addition, the assessment undertaken to date by BL&A for the transmission line and power poles indicate that approximately 5ha of remnant native vegetation will be removed, and that 14 scattered trees are likely to be impacted by the proposed infrastructure. The proposed transmission line assessment concludes that 0.594 biodiversity equivalence units (with a weighted biodiversity equivalence score of 0.427) will be lost for remnant patches. Based on the NVIM, a further 0.026 biodiversity equivalence units will be lost for the 14 scattered trees.

Further details regarding the native vegetation to be removed are provided in the Flora and Fauna Assessment (BL&A, 2015).

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DE CLERCQS LANE

L Y O N To Wind Farm Site S L A N E

BOLAC PLAINS ROAD

GREENS LANE

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ULAKA STREET CAMERON STREET

WOORNDOO-CHATSWORTH ROAD GROVE STREET WOORNDOO

JERVIES STREET TLA R BARRS LANE M O KE-A RA R

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E H Client: Trustpower Figure 4.3 - Location of Road Drawing No: 0107773_005G_R3_TP_Fig4_3_roadwidening_150313.mxd Widening Upgrades N Date: 13/03/2015 Drawing Size: A4 Dundonnell Wind Farm Drawn By: ML Reviewed By: DB Planning and Land Use Assessment This figure may be based on third party data or data which has not been Environmental Resources Management ANZ 0 0.5 1 1.5 verified by ERM and it may not be to scale. Unless expressly agreed otherwise, this figure is intended as a guide only and ERM does not Auckland, Brisbane, Canberra, Christchurch, warrant its accuracy. km Melbourne, Newcastle, Perth, Port Macquarie, Sydney Dundonnell Wind Farm Planning and Land Use Assessment

5 LEGISLATIVE FRAMEWORK

This section summarises the key legislation, policies and guidelines, which are relevant to the assessment of the Project.

The Project requires assessment under the Environment Effects Act 1978 and approval under the Planning and Environment Act 1987. The Project also requires approval under the Environment Protection and Biodiversity Conservation Act 1999 and the preparation of a Cultural Heritage Management Plan under the Aboriginal Heritage Act 2006. As mentioned previously, the focus of this PLUA is on the approval requirements under the P&E Act.

The approvals process pursuant to the relevant legislation is outlined in Figure 5-1.

5.1 Commonwealth Legislation

The Project was determined to be a ‘controlled action’ by the Minister for the Environment on 3 December 2012 and requires assessment and approval under the Commonwealth Environment Protection and Biodiversity Act 1999 (EPBC Act 1999). The relevant controlling provisions of the EPBC Act are as follows:  Listed threatened species and communities (Sections 18 and 18A); and  Listed migratory species (Sections 20 and 20A).

The Project will be assessed under the bilateral agreement that allows the Commonwealth Minister for the Environment to make a decision whether to approve the Project based on an assessment under the EE Act.

Clause 52.32 ‘Wind Energy Facility’ of the Moyne Planning Scheme and the Wind Energy Guidelines also require consideration of the potential impacts of the Project on flora and fauna protected under the EPBC Act.

5.2 State Legislation

This section discusses the relevant State Legislation. Please note that the State policies (including the Wind Energy Guidelines) are discussed in Section 6.

5.2.1 Planning and Environment Act 1987

The purpose of the P&E Act is to establish a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians. The key objectives for planning in Victoria, identified in the P&E Act are as follows: a ‘To provide for the fair, orderly, economic and sustainable use, and development of land; b To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; c To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; d To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; e To protect public utilities and other assets and enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community; f To facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); and g To balance the present and future interests of all Victorians.’

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The P&E Act requires that a planning framework, termed a Planning Scheme, be established for all land within Victoria. A planning scheme is a statutory document which sets out objectives, policies and provisions relating to the use, development, protection and conservation in the area to which it applies, which in this case is the Moyne Shire Council.

The proposed wind farm is consistent with the key objectives of the P&E Act and will result in the orderly, and sustainable development and use of land, that will have minimal impact on natural resources and ecological processes.

A summary of the relevant objectives and policies of the Moyne Planning Scheme is provided at Section 6 of this report.

5.2.2 Environment Effects Act 1978

The EE Act provides for the assessment of projects that are capable of having a significant effect on the environment. The EE Act enables the Minister for Planning to decide whether an EES should be prepared for a Project.

The Ministerial Guidelines for Assessment of Environmental Effects (DSE, 2006) specify criteria under which a project must be referred to the Minister for Planning, for a decision on the need for an EES. As the Project met several of these referral criteria, a referral was submitted to the Minister for Planning on 10 October 2012. The Minister determined on 21 January 2013 that an EES was required for the Project.

An EES has been prepared for the Project and is expected to be considered concurrently with the planning permit applications lodged with Moyne Shire Council. The EES and various specialist technical assessments accompany the planning permit applications.

5.2.3 Mineral Resources (Sustainable Development) Act 1990

The Mineral Resources (Sustainable Development) Act (MRSD Act) encourages extractive industries which ‘make the best use of, and extract the value from, resources in a way that is compatible with the economic, social and environmental objectives of the State.’

A Work Plan for extractive industry (quarry) is required under the MRSD Act and must be obtained from the Department of Economic Development, Jobs, Transport and Resources (DEDJTR, formerly DSDBI). A Draft Work Plan has been prepared by CK Prowse Associates Pty Ltd (2015) and will be exhibited concurrently with the EES.

A Work Authority to carry out extractive industry is also required under the MRSD Act and the responsible authority for the work authority is the Minister for Energy and Resources.

5.2.4 Other Relevant Legislation

Land use and development within Victoria is also controlled by other related legislation. Planning Schemes outline policy relating to a range of environmental, social and economic matters and refer to various legislation and approvals. This legislation includes (amongst others):  Aboriginal Heritage Act 2006;  Catchment and Land Protection Act 1994;  Crown Land (Reserves) Act 1978;  Environmental Protection and Biodiversity Act 1999;  Flora and Fauna Guarantee Act 1998;  Heritage Act 1995;  Road Management Act 2004; and  Wildlife Act 1975.

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The above legislation and any associated policies and guidelines have been considered, where relevant, as part of the other technical assessment prepared for the EES. Where other project approvals are required under the listed legislation, these are outlined in the EES.

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Cultural Heritage Extractive Industry Work Planning Permit EPBC Act EES Management Plan Authority Application (PPAs) (CHMP) & Work Plan

Project to be assessed Preparation of Preparation of Preparation of Preparation of under bilateral agreement EES documentation PPAs Draft CHMP Draft Work Plan

Public exhibition of EES, PPAs, Draft CHMPs, Draft Work Plan

Inquiry hearings and preparation of Inquiry Report

Commonwealth Minister for Planning’s consideration under Assessment EPBC Act Legend Type text here Assessment and approval Type text here Commonwealth decision of CHMPs by Registered Work Plan and Work Type text here Planning Permit issued by under Aboriginal Party / Authority approved by Type text here Council or Minister for EPBC Act Aboriginal Affairs Victoria Minister for Energy & Planning (AAV) Resources

N Client: Trust Power Figure 5-1 - Approvals Process 0 10 20 30m Drawing No: 0107773m_006c_R3_TP.cdr Date: 13/03/2015 Drawing size: A4 Dundonnell Wind Farm Drawn by: ML Reviewed by: RS Planning & Land Use Assessment This figure may be based on third party data or data which has not been Environmental Resources Management ANZ verified by ERM and it may not be to scale. Unless expressly agreed otherwise, this figure is intended as a guide only and ERM does not Auckland, Brisbane, Canberra, Christchurch, warrant its accuracy. Melbourne, Newcastle, Perth, Port Macquarie, Sydney

Notes: Text here

Source: Text here

Notes: Text here

Source: Text here Dundonnell Wind Farm Planning and Land Use Assessment

6 MOYNE PLANNING SCHEME

As stated earlier, this Project will require planning permits pursuant to the Moyne Planning Scheme, as implemented by the P&E Act. The three planning permit applications are summarised as follows: 1. Use and development of a wind energy facility, comprising up to 104 WTGs, main site access track, internal access tracks, on-site substation, electrical reticulation, up to four wind anemometers, permanent operations/maintenance facility, temporary concrete batching plant and site office buildings; removal of native vegetation; business identification signage; and alterations to roads located in a Road Zone Category 1. 2. Use and development of a utility installation (power lines designed to operate at 220,000 volts or more) for a length of approximately 38 kilometres and associated removal of native vegetation, to enable the connection of the Dundonnell Wind Farm to an off-site substation and subsequent connection into the electricity grid at the Mortlake Gas Power Station. 3. Use and development of a utility installation associated with the off-site substation.

As noted in the Introduction, due to the recent gazettal of Amendment VC124, the Minister for Planning is now the responsible authority for the approval of all wind farms in Victoria. Thus of the three planning permit applications listed above, the wind farm application will be lodged with the Department of Environment, Land, Water and Planning (DELWP) whilst the transmission line and off-site substation applications will be lodged with the Shire of Moyne.

The Moyne Planning Scheme comprises the State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF), Zoning and Overlay Controls, Particular Provisions and Reference and Incorporated Documents, discussed further below.

6.1 State Planning Policy Framework

The SPPF comprises principles that elaborate upon the objectives of planning in Victoria. The following policies are relevant to the Project.

Clause 10.01 ‘Purpose’ outlines the purpose, goal, application and decision making framework for planning in Victoria. The primary objective is ‘to provide for the fair, orderly, economic and sustainable use and development of land.’

Clause 10.04 ‘Integrated Decision Making’ recognises the need to integrate the range of policies relevant to the issues to be determined and to balance conflicting objectives in favour of net community benefit and sustainable development.

Clause 11 ‘Settlement’ aims ‘to prevent environmental problems caused by siting incompatible land uses close together.’

Clause 11.05-3 ‘Rural productivity’ seeks to ‘manage land use change and development in rural areas to promote agriculture and rural production’.

Clause 11.05-4 ‘Regional planning strategies and principles’ seek to ‘develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable’. One of the strategies seeks to avoid ‘development impacts on land that contains high biodiversity values, landscape amenity, water conservation values, food production and energy production capacity, extractable resources and minerals, cultural heritage and recreation values, assets and recognised uses.’

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Clauses 12.01 ‘Biodiversity’ recognises the need to protect and conserve Victoria’s biodiversity and to ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity.

Clause 12.04-2 ‘Landscapes’ seeks ‘to protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.’

Clause 13.03 ‘Soil degradation’ highlights the importance of minimising environmental degradation and hazards including protecting areas prone to erosion and minimising the impact of salinity through the prevention of inappropriate development in areas affected by salinity.

Clause 13.04-1 ‘Noise abatement’ includes a strategy to ensure that development and community amenity is not prejudiced by noise emissions.

Clause 13.05-1 ‘Bushfire planning strategies and principles’ recognises the importance of strengthening community resilience to bushfires.

Clause 14 ‘Natural resource management’ states that ‘Planning is to assist in the conservation and wise use of natural resources...’

Clauses 14.01 ‘Agriculture’ encourages sustainable agricultural land uses and the protection of productive farmland from inappropriate development or subdivision of land.

Clause 14.02-1 ‘Catchment planning and management’ seeks to ‘to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment’.

Clause 14.02-2 ‘Water quality’ seeks to protect water quality and ensure that land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and groundwater resources, rivers, streams, wetlands, estuaries and marine environments.

Clause 14.03 ‘Resource exploration and extraction’ relates to the proposed on-site quarry and encourages the ‘exploration and extraction of natural resources in accordance with acceptable environmental standards and to provide a planning approval process that is consistent with the relevant legislation.’ One of the strategies identified to achieve this objective is to ‘recognise the possible need to provide infrastructure for the exploration and extraction of natural resources.’

Clause 15 ‘Built Environment and Heritage’ stipulates that ‘Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.‘

Clause 15.02-1 ‘Energy and resource efficiency’ encourages land use and development that assists in the efficient use of energy and minimisation of greenhouse gases.

Clauses 15.03 ‘Heritage’ aims to ensure the conservation of places of historic and Aboriginal cultural heritage.

Clause 17 ‘Economic Development’ states that ‘Planning is to contribute to the economic well- being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential.’

Clause 18.01-2 ‘Transport system’ recognises that new land uses and development should be planned to ensure appropriate transport routes are available and that transport practices reduce environmental impacts.

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Clause 18.04-3 ‘Planning for airfields’ includes an objective ‘to facilitate the siting of airfields and extension of airfields, restrict incompatible land use and development in the vicinity of airfields, and recognise and strengthen the role of airfields as focal points with the State’s economic and transport infrastructure.’

Clause 19.01-1 ‘Provision of Renewable Energy’ promotes ‘the provision of renewable energy in a manner that ensures appropriate siting and design considerations are met.’ This policy provides strong strategic support for renewable energy projects, which includes wind farm developments such as the Project. Strategies of particular relevance include:  ‘Facilitate renewable energy development in appropriate locations.  In considering proposals for renewable energy, consideration should be given to the economic and environmental benefits to the broader community of renewable energy generation while also considering the need to minimise the effects of a proposal on the local community and environment.  In planning for wind energy facilities, recognise that economically viable wind energy facilities are dependent on locations with consistently strong winds over the year.’

6.2 Local Planning Policy Framework

The LPPF contains the Municipal Strategic Statement (MSS) and the Local Planning Policies, and outlines the vision for future land uses and development within the Moyne Shire.

The following sections of the MSS and Local Planning Policies are relevant to the Project.

6.2.1 Municipal Strategic Statement

Clause 21.03 ‘Factors influencing future planning and development’ outlines the following key factors (amongst others) which are of importance to the Shire’s future land use and development:  ‘The municipality relies heavily on agricultural activity as its economic base.  Existing roadside vegetation is under threat and needs to be preserved through protection.  The importance of landscape character to the economy of the Region and the need to relate new development to landscape character.  The importance of views of the landscape from road corridors, and the need to control and manage development that is highly visible from main road corridors and principal tourist routes.  The need to retain the dominance of the landscape from key viewing locations throughout the Region.  The need to ensure the sustainable protection of remnant native vegetation along and adjoining the coast, estuaries, wetlands, waterways and the coastal hinterland.’

Clause 21.04 ‘Municipal Vision’ outlines the following in relation to the Shire’s land use and development vision (amongst other things):

‘Where the economy uses the strengths of the agricultural foundation to further diversify and improve production and increase opportunities for value added activities, industrial expansion, tourism and recreation and leisure experiences… Where resources are used in a sustainable way to promote the aspirations of its residents and meet the needs of tourists and visitors, while still valuing, protecting and enhancing the significant natural landscape, environmental features and heritage places for the appreciation of future generations.’

Clause 21.06 ‘Environment’ outlines the following policy objectives (amongst others):  ‘To encourage restoration of degraded land, particularly stream frontages.  To protect water quality by preventing urban run-off leading to erosion, siltation or degradation of waterways.

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 To protect significant natural environments and where appropriate form effective open space an/or [sic] habitat corridors, along river and coastal areas.  To develop and implement sensible fire management solutions that reduce risks to the community and recognise the balance between fire safety and healthy natural environments.  To apply principles of ecologically sustainable development within the Municipality wherever feasible.  To identify landscapes of high scenic value.  To retain the open and rural character of views and outlooks, particularly from main road corridors.’

Relevant strategies seek to minimise development within prominent areas and landscapes of high scenic value, and to protect and enhance flora and fauna throughout the Shire.

Clause 21.07 ‘Economic development’ has the objective ‘to support and facilitate the development of local employment opportunities.’ This Clause recognises that agriculture is the most significant land use in the Shire and the most important sector of the land and regional economy.

In addition, Clause 21.07 recognises that

‘Wind farms have been established along the and Codrington coasts. There is an increasing amount of pressure for wind farms and gas plants along the coastal hinterland from Peterborough to Warrnambool, including large wind farms containing multiple turbines.’

Clause 21.08 ‘Infrastructure and particular uses’ seeks to maintain and enhance key infrastructure including the local road network and to ensure private developers contribute to the provision of new infrastructure.

6.2.2 Local Planning Policies

Clause 22.01-1 ‘Aboriginal heritage’ applies to all land and aims ‘to promote the protection and appropriate management of Aboriginal cultural heritage values.’

Clause 22.02-2 ‘Rare and threatened species’ seeks to protect Victorian rare and threatened flora and fauna species listed under the Flora and Fauna Guarantee Act 1988 and maintain and enhance critical habitat for the survival of such species.

Clause 22.02-5 ‘Pest plant management’ aims to control the spread of pest weeds.

Clause 22.02-8 ‘Flora and fauna local policy’ recognises that the majority of the Shire has been cleared for agriculture and contains limited areas of natural vegetation cover. It is policy to encourage the protection, conservation and enhancement of flora and fauna communities throughout the Shire.

Clause 22.03-4 ‘Agricultural production’ applies to all land in the Farming Zone and states that the preservation of agricultural land in large holdings is necessary to maintain the agricultural economy of the area. Relevant policy objectives include:  ‘To support, protect and assist in the diversification of agriculture.  To ensure that land capability and land suitability will be considered in the assessment of use and development proposals.  To ensure that the use and development of land within Moyne is not prejudicial to agricultural industries or to the productive capacity of the land.’

It is policy to encourage value adding opportunities and emerging agricultural activities to enhance diversity and productivity improvements.

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Clause 22.03-8 ‘Fire protection local policy’ applies to all land in the Farming Zone and has the objectives to ensure ‘that land use and development does not increase the level of fire risk’ and ‘that adequate fire protection measures are considered.’

6.3 Zoning and Overlay Controls

Zoning and overlay controls establish whether a planning permit is required for particular uses and development. The controls set out the land use objectives for the area by giving direction as to how the land should be developed and used now and in the future.

The relevant zone and overlay controls affecting the Project are discussed below.

6.3.1 Land Use Definitions

Before considering the zoning controls, the appropriate land use definitions that apply to the Project have been outlined as they have relevance to the planning requirements of the Project in the Moyne Planning Scheme. The relevant definitions, as specified at Clauses 72 and 74 of the Planning Scheme, are outlined in Table 6-1.

Table 6-1 Land Use Terms

Land Use Term Definition Wind energy Land used to generate electricity by wind force. It includes any turbine, building or other structure or facility thing used in or in connection with the generation of electricity by wind force. It can include an anemometer. It does not include turbines principally used to supply electricity for domestic or rural use of the land. Anemometer A wind measuring device. Earth and energy Land used for the exploration, removal or processing of natural earth or energy resources. It includes resources any activity incidental to this purpose including the construction and use of temporary accommodation. industry Stone extraction Land used for extraction or removal of stone in accordance with the Mineral Resources (Sustainable Development) Act 1990. Utility installation Land used: a) for telecommunications; b) to transmit or distribute gas, oil, or power c) to collect, treat, transmit, store, or distribute water; or d) to collect, treat, or dispose of storm or flood water, sewage, or sullage. It includes any associated flow measurement device or a structure to gauge waterway flow.

Minor utility Land used for a utility installation comprising any of the following: installation a) sewerage or water mains; b) storm or flood water drains or retarding basins; d) gas mains providing gas directly to consumers; e) power lines designed to operate at less than 220,000 volts; f) a sewage treatment plant, and any associated disposal works, required to serve a neighbourhood; g) a pumping station required to serve a neighbourhood; or h) an electrical sub-station designed to operate at no more than 66,000 volts. It includes any associated flow measurement device or a structure to gauge waterway flow.

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6.3.2 Zoning Controls

The wind farm site and off-site substation are contained within the Farming Zone (FZ). The transmission line crosses land within the FZ, Special Use Zone (SUZ1) and Road Zone Category 1 (RDZ1). A zoning map showing the location of the Project components is provided at Figure 6-1.

6.3.3 Farming Zone

The wind farm site (including the on-site quarry and substation), off-site substation and the majority of the transmission line corridor are located in the FZ pursuant to Clause 35.07 of the Moyne Planning Scheme.

The purpose of the FZ is as follows:  ‘To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To provide for the use of land for agriculture.  To encourage the retention of productive agricultural land.  To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture.  To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.  To protect and enhance natural resources and the biodiversity of the area.’

Under the provisions of Clause 35.07-1, a planning permit is required for a wind energy facility as it is specified as a Section 2 (permit required) use, subject to it meeting the requirements of Clause 52.32.

A utility installation (other than minor utility installation) is also a Section 2 use and requires a planning permit. The proposed power lines are designed to operate at or in excess of 220kV volts and therefore the transmission line and off-site substation are not considered to be minor utility installations.

Whilst earth and energy resources industry (including stone extraction) is a Section 2 use at Clause 35.07-1, pursuant to Section 77T of the Mineral Resources (Sustainable Development) Act 1990, a permit is not required for extractive industry where an EES has been prepared and assessed, and a work authority has been granted.

Pursuant to Clause 35.07-4, a permit is required for building and works for Section 2 (permit required) uses and this includes earthworks that change the rate of flow or the discharge point of water across a property boundary or which increase the discharge of saline groundwater. Road works are exempt from requiring planning approval under the FZ pursuant to Clause 62.02.

Clause 35.07-7 refers to the advertising signage at Clause 52.05 and specifies that the FZ is in Category 4 – Sensitive Areas.

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KINGS LANE E Drawn By: ML Reviewed By: DBR Planning and Land Use Assessment N A ARNOTTS LANE CA D A MPBEL L L CONNEWARREN LANE BOOTHS ROAD S LANE This figure may be based on third party data or data which has not been Environmental Resources Management ANZ Mortlake Gas S CAIRNLEA LANE 0 1 2 3 verified by ERM and it may not beEIGHT MILEto LANE scale. Unless expressly agreed H T otherwise, this figure is intended as a guide only and ERM does not Power Station O Auckland, Brisbane, Canberra, Christchurch, O warrant its accuracy. B Kilometers Melbourne, Newcastle, Perth, Port Macquarie, Sydney Dundonnell Wind Farm Planning and Land Use Assessment

6.3.4 Road Zone Category 1

The transmission line corridor crosses Mortlake-Ararat Road and Hamilton Highway and is located in a section of the Mortlake-Ararat Road reserve. Mortlake-Ararat Road and Hamilton Highway are both contained within the RDZ1 pursuant to Clause 36.04.

The purpose of this zone includes:  ‘To identify significant existing roads.  To identify land which has been acquired for a significant proposed road.’

A utility installation is a Section 2 use pursuant to Clause 36.04-1 and requires a permit.

Pursuant to Clause 36.04-2, a permit is also required to construct a building or construct or carry out works for a Section 2 use.

6.3.5 Special Use Zone Schedule 1

The southern end of the transmission line (where it connects the off-site substation to the MOPS) is located within the SUZ1 pursuant to Clause 37.01.

The purpose of this zone includes:  ‘To recognise or provide for the use and development of land for specific purposes as identified in a schedule in this zone.’

SUZ1 relates to the ‘’ which has the specific purposes:  ‘To facilitate the development and use of a gas-fired power station in a manner which recognises the character and amenity of the surrounding area.  To provide for electricity generation using natural gas.’

A utility installation is a Section 1 use provided it meets the requirements of Clauses 2.0 and 3.0 of the Schedule. In addition, a permit is required to construct a building or construct or carry out works. Clauses 2.0 and 3.0 require that the use of the land and any development must be consistent with the approved environmental management plan and development plan.

It is considered that the section of the transmission line within the SUZ1 generally accords with Clauses 2.0 and 3.0 of the Schedule, which states that a gas-fired power station means (amongst other things) a ‘utility installation using plant, equipment and facilities for the generation of electricity for public use and for connection and export of the electricity into the high voltage transmission system.’

6.4 Overlays

6.4.1 Environmental Significance Overlay

The wind farm site is not affected by any overlays, however the off-site substation and the southern end of the transmission line corridor are located in Schedule 3 of the Environmental Significance Overlay (ESO3) ‘Mortlake Power Station Environs’ at Clause 42.01. This overlay surrounds the MOPS to the east and north-east and is shown in Figure 6-2.

The purpose of the ESO includes:  ‘To identify areas where the development of land may be affected by environmental constraints.’  To ensure that development is compatible with identified environmental values.’

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Clause 42.01-2 indicates that a planning permit is required to construct a building or construct or carry out works within the ESO. However, this does not apply if a schedule to the overlay specifically states that a permit is not required.

ESO3 stipulates that a permit is not required except where the buildings or works are to be used for accommodation. The proposed works associated with the transmission line and off-site substation therefore do not require planning approval pursuant to ESO3.

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D ESO - Environment Significance Overlay A H O A HO42 VPO2 R M CASTLE CAREY ROAD HO - Heritage Overlay M I A L DARLINGTON-CAMPERDOWN ROAD H T X O SLO1 - Significant Landscape Overlay E H N - SOUTH E ROAD VPO1 - Vegetation Protection Overlay P H R I G E O SIX MILE LANE N H H VPO2 - Vegetation Protection Overlay LA T E PRICES LANE NG N CASTLE CAREY ROAD RO S W A NA L L O WMO - Wildfire Management Overlay A E O R Y O W M D N A LGA A O R R C G HARDYS LANE HAMILTON HIGHWAY N A Client: Trustpower FigureR 6.2 - Moyne Planning Scheme E T HO4 0107773_008G_R3_TP_Fig6_2_Site_Ovrly_150313.mxd - N Drawing No: OverlayN Map O T Mortlake Date: 13/03/2015 Drawing Size: A4 G Dundonnell Wind Farm FIVE MILE LANE N THULBORNS LANE I L TREBINE ROAD

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6.5 General and Particular Provisions

6.5.1 Clause 52.05 – Advertising Signs

The purpose of Clause 52.05 ‘Advertising Signs’ is:  ‘To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character.  To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.’

Clause 52.05-10 outlines the requirements for advertising signage within Category 4 – Sensitive Areas, which includes the FZ. A business identification sign is a Section 2 (permit required) use provided the total advertisement area to each premises does not exceed 3sqm.

6.5.2 Clause 52.08 – Earth and Energy Resources Industry

The purpose of Clause 52.08 ‘Earth and Energy Resources Industry’ is:  ‘To encourage land to be used and developed for exploration and extraction of earth and energy resources in accordance with acceptable environmental standards.  To ensure that mineral extraction, geothermal energy extraction, greenhouse gas sequestration and petroleum extraction are not prohibited land uses.  To ensure that planning controls for the use and development of land for the exploration and extraction of earth and energy resources are consistent with other legislation governing these land uses.

Pursuant to Clause 52.08-1 ‘Mineral extraction’ is exempt from requiring a permit if it complies with Section 77T of the MRSD Act. An EES has been prepared for the Project under the EE Act and a Draft Work Plan (WA 1540) has been prepared for the proposed quarry (CK Prowse & Associates, 2015). On this basis and subject to the approval of the Work Plan and granting of a Works Authority by the Minister for Energy and Resources, a permit is not required under Clause 52.08.

6.5.3 Clause 52.09 - Stone Extraction and Extractive Industry Interest Areas

The purpose of Clause 52.09 ‘Stone Extraction and Extractive Industry Interest Areas’ is:  ‘To ensure that use and development of land for stone extraction does not adversely affect the environment or amenity of the area during or after extraction.  To ensure that excavated areas can be appropriately rehabilitated.  To ensure that sand and stone resources, which may be required by the community for future use, are protected from inappropriate development.’

Pursuant to Clause 52.09-2, a permit to use and develop land for stone extraction is not required if the conditions in the table to Clause 52.08-1 are met. As mentioned previously, an EES has been prepared for the Project under the EE Act and a Draft Work Plan has been prepared for the proposed quarry. On the basis that the conditions of Clause 52.08-1 are met, a permit is not required under Clause 52.09.

6.5.4 Clause 52.17 – Native Vegetation

The purpose of Clause 52.17 ‘Native Vegetation’ is:  ‘To ensure permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. This is achieved through the following approach:

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□ Avoid the removal of native vegetation that makes a significant contribution to Victoria’s biodiversity. □ Minimise impacts on Victoria’s biodiversity from the removal of native vegetation. □ Where native vegetation is permitted to be removed, ensure that an offset is provided in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made by the native vegetation to be removed.  To manage native vegetation to minimise land and water degradation.  To manage native vegetation near buildings to reduce the threat to life and property from bushfire.’

A permit is required to remove, destroy or lop native vegetation, including dead native vegetation, except if a specified exemption applies. The table to Clause 52.17-7 includes the following permit exemption relevant to the Project:

Stone extraction – ‘To enable the carrying out of Stone extraction in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under that Act.’

Subject to the approval of the work plan, a permit is not required to remove native vegetation associated with the proposed quarry. Notwithstanding this, the removal of native vegetation is not required to accommodate the quarry pits.

A permit is however, required for the removal of native vegetation associated with the wind farm infrastructure, internal access tracks and transmission line. As mentioned previously, the removal of native vegetation is not required for the off-site substation.

Pursuant to Clause 52.17-6, the biodiversity impacts of the removal of native vegetation are required to be offset, in accordance with the Permitted clearing of native vegetation – Biodiversity assessment Guidelines (Biodiversity Guidelines) (DEPI, 2013). These offset requirements must be specified in the conditions on the permit for the removal of native vegetation and are addressed in the Flora and Fauna Assessment (BL&A, 2015).

6.5.5 Clause 52.29 – Land Adjacent to a Road Zone Category 1

The purpose of Clause 52.29 ‘Land Adjacent to a Road Zone Category 1’ includes:  ‘To ensure appropriate access to identified roads.’

A permit is required to create or alter access to a road in a Road Zone, Category 1.

The Traffic Impact Assessment prepared by Cardno (2014) recommends minor road widening works at the intersection of Mortlake-Ararat Road, Woorndoo-Dundonnell Road and Woorndoo-Streatham Road to accommodate construction vehicles. This intersection is contained within the RDZ1 and therefore a permit is required pursuant to Clause 52.29.

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6.5.6 Clause 52.32 – Wind Energy Facility

The purpose of Clause 52.32 ‘Wind Energy Facility’ is:  ‘To facilitate the establishment and expansion of wind energy facilities, in appropriate locations, with minimal impact on the amenity of the area.’

A permit is required to use and develop the land for a wind energy facility pursuant to Clause 52.32-2. The use and development of land for a wind energy facility is prohibited at a location listed in the table to Clause 52.32-2. This does not apply where the condition opposite the location specified in the table is met. The table at Clause 52.32-2 states as follows:

Location Condition On land where any turbine that forms part of Must meet the requirements of Clause 52.32-3 the facility is located within one kilometre of as at the date of the relevant application being an existing dwelling. This does not apply to a an application for permit, a request to amend a Wind energy facility that is located on land in a permit application or an application to amend a residential zone, an industrial zone, a permit. commercial zone or a special purpose zone. Land described in a schedule to the National Must be principally used to supply electricity to a Parks Act 1975 facility used in conjunction with conservation, recreation, administration or accommodation use of the land. Land declared a Ramsar wetland as defined under section 17 of the Environment Protection and Biodiversity Conservation Act 1999 (Cwth) Land listed in a schedule to Clause 52.32-2 Must be on land in a residential zone, industrial zone, commercial zone or special purpose zone and must be integrated as part of the development of the land.

In the case of the Schedule to Clause 52.32, all land within 5km of the high water mark of the coast east of the urban area of Warrnambool is prohibited from being developed as a wind energy facility. The wind farm site does not fall within this area.

Clause 52.32-3 states that ‘an application that includes a turbine that is within one kilometre of an existing dwelling must be accompanied by:  A plan showing all dwellings within one kilometre of a proposed turbine.  Evidence of the written consent of any owner of an existing dwelling located within one kilometre of a proposed turbine that forms part of a Wind energy facility.’

As discussed previously the planning permit applications relating to the Project were prepared prior to Amendment VC124 being gazetted and thus were prepared at a time when the above requirements related to 2km, rather than 1km.

Accordingly, with regards to the (previous) 2km requirement, there are currently 14 dwellings within 2km of a proposed WTG. ERM has been advised that the owners of all 14 dwellings have given their consent for the WTGs to be included in the proposed wind farm layout, notwithstanding the fact that as a result of Amendment VC124 consent is now only required from the seven dwellings within 1km. The statements of consent from the owners of these dwellings accompany the planning permit application for the wind farm.

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6.5.7 Clause 52.37 – Post Boxes and Dry Stone Walls

The purpose of Clause 52.37 ‘Post Boxes and Dry Stone Walls’ is:  ‘To conserve historic post boxes and dry stone walls.’

A permit is required to demolish, remove or alter a dry stone wall constructed before 1940. This does not apply to:  ‘Dry stone structures other than walls and fences.  The demolition or removal of a section of a dry stone wall to install a gate.  The reconstruction of damaged or collapsing walls which are undertaken to the same specifications and using the same materials as the existing walls.’

Where possible the existing historic dry walls will be avoided, however where this is not possible, the sections of the dry walls to be demolished will be replaced with gates. Therefore a permit is not required under this Clause.

6.5.8 Clause 62 - Uses, Building, Works, Subdivision and Demolition Not Requiring a Permit

The following uses and development are exempt from requiring planning approval pursuant to Clauses 62.01 and 62.02:  Earth and energy resources if the conditions of Clause 52.08 are met. As mentioned previously, an EES has been prepared for the Project under the EE Act and a Draft Work Plan has been prepared for the proposed quarry. On this basis and subject to the approval of the work plan and granting of a Works Authority by the Minister for Energy and Resources, a permit is not required for the proposed quarry; and  road works within the FZ. This applies to the proposed road widening upgrades to accommodate the OD haulage route between Woorndoo and the wind farm site.

6.5.9 Clause 65 – Decision Guidelines

Clause 65 provides additional decision guidelines that the responsible authority must have regard to before deciding on an application.

6.6 Summary of Planning Controls and Permit Triggers

Table 6-2 provides a summary of the planning controls and permit triggers for the Project.

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Table 6-2 Summary of Planning Controls and Permit Triggers

Project Component Zoning, Overlays and Particular Provisions, Planning Permit Requirements as relevant Wind farm and associated Farming Zone Permit required for use and development, infrastructure (wind provided it meets requirements of Clause 52.32. energy facility) Clause 52.05 – Advertising Signage Permit required for business signage, provided it does not exceed 3sqm in area. Clause 52.17 – Native Vegetation Permit required for vegetation removal on private land. Clause 52.32 - Wind Energy Facility Permit required for use and development.

Clause 52.37 – Dry Stone Walls Permit not required if dry stone walls are replaced with gates. Clause 62 – Buildings and works not Road works exempt. requiring a permit On-site quarry (stone Farming Zone Permit required for use and development. extraction – earth and energy resources Clause 52.08 - Earth and Energy Resources Permit required for use and development unless industry) Industry it complies with Section 77T of the MRSD Act. Pursuant to Section 77T, a planning permit is not required for extractive industry where under the EE Act, an EES has been prepared and assessed, and a work authority granted.

Clause 52.09 – Stone Extraction and Exempt if the conditions of Clause 52.08-1 are Extractive Industry Interest Areas met.

Clause 62 – Uses and buildings and works Exempt if the conditions of Clause 52.08 are not requiring a permit met.

Transmission line (utility Farming Zone Permit required for use and development. installation – 220kV or greater) Road Zone Category 1 Permit required for use and development.

Special Use Zone 1 Permit required for development.

Environmental Significance Overlay Schedule Exempt for development not associated with 3 accommodation.

Clause 52.17 – Native Vegetation Permit required for vegetation removal on private land.

Off-site substation (utility Farming Zone Permit required for use and buildings and works. installation – 220kV or greater) Environmental Significance Overlay 3 Exempt for development not associated with accommodation. Road widening upgrades Farming Zone Use and development exempt pursuant to Clause 62.

Clause 52.29 – Land Adjacent to a Road Zone Permit required for alterations to land adjacent Category 1 to RZ1. Clause 62 – Buildings and works not Road works exempt. requiring a permit

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6.7 Other Relevant Documents

There are a number of documents referred to or incorporated in the Moyne Planning Scheme, which are relevant to the planning considerations of the Project. These include:  Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (DELWP, 2015);  Permitted clearing of native vegetation – Biodiversity assessment guidelines (DEPI, 2013);  Great South Coast Regional Growth Plan (Victorian Government, 2014); and  Glenelg-Hopkins Regional Catchment Strategy 2013-2019 (Glenelg-Hopkins Catchment Management Authority (GHMA), 2013).

In addition, there are a number of other policy documents of relevance to the Project, however these documents are not reference or incorporated documents within the Moyne Planning Scheme. These documents include:  Draft National Wind Farm Development Guidelines (Environment Protection and Heritage Council (EPHC), 2010);  Victorian Greenhouse Strategy Action Plan (DSE, 2005);  South West Landscape Assessment Study (DPCD and Planisphere, 2013);  Major Energy Proposals and their Ancillary Infrastructure Policy (Moyne Shire Council, 2011); and  Environmental Sustainability Strategy (Moyne Shire Council, 2012).

These documents are each discussed briefly below.

6.7.1 Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria

The Wind Energy Guidelines (DELWP, 2015) were prepared by the Victorian Government to assist in the development and assessment of applications for wind energy facilities. It is a reference document at Clause 52.32 of the Moyne Planning Scheme.

The guidelines outline:  ‘A framework to provide a consistent and balanced approach to the assessment of wind energy projects across the state.  A set of consistent operational performance standards to inform the assessment and operation of a wind energy facility project.  Guidance as to how planning permit application requirements might be met.’

The Wind Energy Guidelines were updated in April 2015 to clarify the application requirements in relation to obtaining written consent from owners of dwellings located within 1km of a WTG.

Section 5 of the Wind Energy Guidelines identifies the information required to accompany applications for wind farms and the matters that must be considered by responsible authorities in assessing planning permit applications for wind energy facilities. These are as follows:  Contribution to Government Policy Objectives;  amenity of the surrounding area, taking into account noise, blade glint, shadow flicker and electromagnetic interference;  landscape and Visual Amenity;  flora and fauna;  aircraft safety; and  construction impacts and decommissioning.

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6.7.2 Permitted clearing of native vegetation – Biodiversity assessment guidelines

The Project is required to take into account the principles of the Biodiversity Assessment Guidelines (DEPI, 2013), which is an incorporated document at Clause 81.01. The Biodiversity Assessment Guidelines replace Victoria’s Native Vegetation – A Framework for Action.

The purpose of the Biodiversity Assessment Guidelines is to guide how impacts on biodiversity should be considered when assessing an application for a permit to remove, lop or destroy native vegetation.

The objective for permitted clearing of native vegetation is:

‘No net loss in the contribution made by native vegetation to Victoria’s biodiversity.’

The key strategies for ensuring this objective is achieved at the permit level are:  ‘avoiding the removal of native vegetation that makes a significant contribution to Victoria’s biodiversity.  minimising impacts on Victoria’s biodiversity from the removal of native vegetation.  where native vegetation is permitted to be removed, ensuring it is offset in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made by the native vegetation to be removed.’

As the proposed native vegetation to be removed is more than the DELWP criteria of 0.5ha, the Project triggers a referral to DELWP. The Flora and Fauna Assessment (BL&A, 2015) concludes that applying the Biodiversity Assessment Guidelines, both the wind farm and transmission line will be assessed under the high risk assessment pathway and a general offset applies to any approved native vegetation removal.

As mentioned previously, the requirements of the Biodiversity Assessment Guidelines have been addressed in the Flora and Fauna Assessment (BL&A, 2015).

6.7.3 Great South Coast Regional Growth Plan

The Great South Coast Regional Growth Plan (Victorian Government, 2014) is a reference document at Clause 11.05-4 of the Moyne Planning Scheme and outlines the land use planning framework for the Great South Coast region, which includes the Moyne LGA.

The plan contains a 30-year vision for the Great South Coast, which aims to ‘create a thriving, multifaceted and resilient economy, while valuing and managing out natural resources and environment…’ This vision will be achieved by (amongst other things) strengthening the region’s economy through increased industry diversification, innovation and development and sustainably managing natural resources and environmental assets.

The plan recognises that an abundance of energy assets, including renewable energy resources for wind, is one of the key influences on future growth in the Great South Coast region and offers opportunities to diversify the economy, particularly in rural areas.

6.7.4 Glenelg Hopkins Regional Catchment Strategy 2013-2019

The Glenelg Hopkins Regional Catchment Strategy 2013-2019 (GHMA, 2013) provides long-term directions for managing the future of land, water resources, biodiversity and seascape of the catchment. It also provides a framework for investment decisions to ensure improved natural resource outcomes are achieved.

Pursuant to the Strategy, the Project is located within ‘Priority Area 4 – Volcanic Plains’, which ‘contains some of the most productive land within the region and is noted for its contribution to the gross value of Australian agricultural production.’ It is also recognised that almost all

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native vegetation within the Victorian Volcanic Plains bioregion has now been cleared or substantially modified.

6.7.5 Draft National Wind Farm Development Guidelines

The purpose of the Draft National Wind Farm Development Guidelines (the Draft National Guidelines) (EPHC, 2010) is to provide a nationally consistent set of best-practice methods for assessing the impacts associated with wind farm developments and operations.

The Environment Protection and Heritage Standing Committee has since decided to cease further development of the Guidelines but considers them a relevant reference document for industry and planning authorities.

6.7.6 Victorian Greenhouse Strategy Action Plan Update

The update to the Victorian Greenhouse Strategy Action Plan (DSE, 2005) builds on the 2002 Victorian Strategy, and establishes practical means to achieve the goal of reducing greenhouse gas emissions.

The Victorian Greenhouse Strategy recognises the importance of ‘Positioning Victoria’s economy for a low carbon future’. Accordingly, a number of actions have been established, including those intended for supporting renewable energy and supporting cleaner energy technologies.

While the focus of the Victorian Greenhouse Strategy is on government investment into projects and policies, it demonstrates the State’s commitment to the establishment and use of renewable energy resources and its support for the development of renewable energy.

6.7.7 South West Landscape Assessment Study

The South West Victoria Landscape Assessment Study (DPCD & Planisphere, 2013) has been prepared to identify and understand the landscape character types in South West Victoria, including the Moyne LGA. The Western Volcanic Plains (Character Type 1) is the only character type identified within the viewshed of the proposed wind farm, which is described as follows:

‘The fertility and cleared nature of the Western Volcanic Plains were ideal for grazing. The region became very wealthy and was dominated by large pastoral properties. These large properties often had extensive exotic gardens as the new settlers aimed to recreate their familiar British landscapes.

The landscape that we see today represents a hybrid of generally undisturbed underlying topography with patchwork remnants of the natural landscape which are protected by national and state parks. Intertwined with this lies the heavily modified landscape of exotic shelterbelts, dry stone walls, farming, infrastructure, rural development and wind farms.’

A more detailed discussion of this study is provided in the Landscape and Visual Assessment (ERM, 2014c).

6.7.8 Draft Major Energy Proposals and their Ancillary Infrastructure

The draft Major Energy Proposals and their Ancillary Infrastructure (Moyne Shire Council, 2011) is intended to assist Council deal with major energy projects within Moyne Shire LGA. The document specifically outlines the various information requirements that should accompany planning permit applications for wind farms.

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6.7.9 Environmental Sustainability Strategy

The Environmental Sustainability Strategy (Moyne Shire Council, 2012) builds on the work undertaken as part of the 2005 Strategy and provides a framework for the protection and management of all environmental issues within the Moyne Shire LGA.

Moyne Shire Council is committed to environmental sustainability and as part of this commitment has set targets to reduce the level of Greenhouse Gas (GHG) emissions through reductions in energy consumption and utilisation of renewable energy.

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7 PLANNING AND LAND USE ASSESSMENT

The following planning and land use criteria have been developed in the preparation of this report to assist with assessing the key planning and land use impacts of the Project, as required by the EES Scoping Guidelines (DTPLI, September 2013). The key criteria are as follows:  Consistency with the State Planning Policy Framework;  Consistency with Local Planning Policy Framework;  Consistency with zones, overlay and particular provisions; and  Compatibility of the Project with existing and potential future land uses, including residences and public infrastructure and consideration of residual effects.

These criteria are discussed in turn below.

7.1 Consistency with the State Planning Policy Framework

Based on a balanced assessment of key planning policies contained in the SPPF, it is considered that the Project and associated project components will result in an appropriate planning and land use outcome that will provide for the fair, orderly, economic and sustainable use, and development of land (Clause 10.01). It is also considered that the Project is in the interests of net community benefit and sustainable development for the benefit of both present and future generations (Clause 10.04).

The key policy of relevance to the Project is Clause 19.01, which identifies the need to promote renewable energy in a manner that ensures appropriate siting and design considerations are met.

Preliminary estimates indicate that the Project could produce about 1000 Gigawatt hours (GWh) of electricity per year. This equates to providing power to over 150,000 homes. The proposed Dundonnell Wind Farm is expected to result in a reduction of approximately 770,000 tonnes of

annual carbon dioxide emissions (CO2).

On this basis, the Project is entirely consistent with the objective of promoting renewable energy as outlined at Clause 19.01. The Project supports National and International policies aimed at decreasing the use of fossil fuels and the generation of carbon emissions, whilst minimising impacts to the environment and providing for inter-generational equity.

Clause 19.01 also requires consideration as to whether the wind farm has been appropriately designed and sited. There are a range of matters that need to be considered in the context of locational and siting issues, and these issues are identified through the provisions of the Moyne Planning Scheme as well as other relevant issues, such as potential amenity impacts. These considerations are discussed in the following sections of this assessment.

The proposal gives appropriate consideration to the other relevant policy directions of the SPPF as outlined in Table 7-1.

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Table 7-1 Summary of Policy Assessment against State Planning Policy Framework

Relevant SPPF Summary of policy assessment clauses Clause 10 The preparation of the EES and planning permit applications has involved an assessment which ‘Operation of the encompasses and integrates relevant environmental, social and economic factors. Based on this State Planning assessment of policies and factors, it is considered that the Project will result in an appropriate Policy planning and land use outcome that is in the interests of net community benefit and will provide for Framework’ the fair, orderly, economic and sustainable use, and development of land. Clause 11 The location of the Project in a rural area where the primary land use is agriculture, and where there ‘Settlement’ are limited houses in proximity to the wind farm site, is an appropriate planning outcome. It is therefore considered that the Project has been appropriately located and is unlikely to cause any unreasonable environmental problems as a result of incompatible land uses. Clause 11.05-3 The use and development of the Project is not expected to result in the loss or fragmentation of ‘Rural existing agricultural land in the immediate area. The wind farm is proposed to occupy up to 2% of the productivity’ and site area, which is considered a minimal loss of the land area from farming pursuits. Furthermore, the Clause 14.01 off-site substation involves the removal of only a small proportion of the land cultivated for tree ‘Agriculture’ plantations when compared to the wider area. It is expected that grazing activities within the wind farm site, transmission line corridor and surrounding properties will continue to occur post-operation of the Project, as is the case for other operating wind farms in Victoria. In addition, the income provided by the Project to participating landholders has the potential to assist in the ongoing agricultural operations within the Project area. Clause 11.05-4 The Project will contribute positively to the growth and development of regional Victoria, consistent ‘Regional with the Great South Coast Regional Growth Plan, through the further expansion of the renewable planning energy sector in the region. strategies and principles’ Clause 12.01 The Flora and Fauna Assessment (BL&A, 2015) and Brolga Assessment (BL&A, 2014) have identified ‘Biodiversity’ that the Project is able to be developed without having any unreasonable impacts on identified biodiversity values. The report also outlines the vegetation required to be removed from within the wind farm site and transmission line, and recommends a series of mitigation and offset measures to limit impacts having regard to the Biodiversity Assessment Guidelines. Clause 12.04-2 The wind farm site and surrounding area are not affected by any overlay controls, such as the ‘Landscapes’ Significant Landscape Overlay, Vegetation Protection Overlay, Environmental Significance Overlay or Heritage Overlay. Whilst the off-site substation and a section of the transmission line corridor are affected by ESO3, this overlay primarily aims to protect MOPS from the encroachment of accommodation uses. On this basis, the surrounding landscape is not specifically identified as being ‘significant’ within the provisions of the Moyne Planning Scheme. In addition the site is not specifically identified in either the MSS or Local Policies as being of particular significance. Potential visual impacts are addressed in the Landscape and Visual Impact Assessment (ERM, 2014c), which recognises that the proposed wind farm is located within a highly modified rural landscape that can readily absorb change as a result of existing rural activity and associated infrastructure. Clause 13.03 ‘Soil The Geoscience Features – Significance and Sensitivity Assessment (Environmental GeoSurveys Pty Ltd, degradation’ 2014) states that the proposed construction and operation of the wind farm and transmission line will not result in unreasonable erosion and salinity impacts provided appropriate mitigation and management measures are implemented and maintained at the site. These measures include the implementation of a detailed Environmental Management Plan (EMP), which will outline (amongst other things) the drainage and sediment control measures required.

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Relevant SPPF Summary of policy assessment clauses Clause 13.04-1 The potential noise impacts associated with the construction and operation of the Project have been ‘Noise considered in the Noise Impact Assessment (MDA, 2014). This assessment was undertaken in abatement’ accordance with the New Zealand Standard (NZS 6808:2010) as required by the Wind Energy Guidelines. The assessment concludes that the wind farm will be able to achieve the requirements of NZS 6808:2010 at all existing dwellings without a noise agreement. In addition, predicted noise levels for properties with a noise agreement comply with ETSU-R-97, which provides indicative noise level recommendations for those dwellings that are financial beneficiaries of wind farm projects. Noise management measures have been recommended to reduce potential noise impacts during construction and operation of the DDWF Project, including the implementation of a Noise Management Plan, regular noise compliance monitoring and potential restrictions, where applicable to evening and night-time construction activities. Clause 13.04-1 Whilst the Project is not affected by a Bushfire Management Overlay (BMO) pursuant to the Moyne ‘Bushfire Planning Scheme, the site has been identified as ‘bushfire prone’ by the Victorian Government. A planning Wildfire Prevention and Emergency Response Plan (WPER) will be prepared, in consultation with the strategies and CFA, for implementation during the construction and operation phases of the Project. principles’ The Project is not expected to prevent ground-based firefighting activities on the wind farm site and surrounding areas. In addition, the network of internal access roads will improve vehicle access within and across the wind farm site and enhance ground based means of fighting bushfire. Clause 14 The Project will assist in the conservation and wise use of natural resources through the generation of ‘Natural resource renewable energy. The Project also supports the encouragement given to land use and development management’ that is consistent with the efficient use of energy and the minimisation of greenhouse gas and and Clause 15.02- emissions. 1 ‘Energy and resource efficiency’ Clause 14.02-1 The Project is not expected to have any significant impacts on the water environment within the wind ‘Catchment farm site and surrounding area. The management of water quality has been assessed, and the risks planning and and mitigation measures identified in the Surface Water Assessment prepared by Water Technology management’ (2014) and the Hydrogeological Study undertaken by ERM (2015b). These reports take into and 14.02-2 consideration the relevant catchment management strategies and seek to ensure that any impacts of ‘Water quality’ the Project on surface and groundwater quality will be minimised. Clause 14.03 The Project involves the extraction of natural resources in the form of a quarry for use during the ‘Resource construction of the project. The work plan for the quarry will require compliance with the appropriate exploration and environmental standards and management of potential environmental impacts. extraction’ Clause 15.03 In relation to cultural heritage matters, separate Cultural Heritage Management Plans (CHMPs) and ‘Heritage’ Historic Heritage Assessments (HHAs) have been prepared for the wind farm site and transmission line corridor (Archaeology At Tardis, 2014a-b and 2015a-b). The CHMPs identified six registered Aboriginal cultural heritage places within the wind farm site and no registered Aboriginal cultural heritage places within the transmission line corridor. In addition, there are areas of Aboriginal cultural heritage scientific sensitivity within the study area. Of the registered places, four of these will be avoided by the wind farm infrastructure, while two will be impacted by the works. The two impacted places comprise artefact scatters. These artefacts have been documented and will be managed in accordance with the CHMP. In addition, the salvage of some artefacts within one place will be undertaken. The CMHPs address risk mitigation strategies associated with the registered sites, including further testing during the construction phase of the Project in areas considered likely to contain cultural heritage and identify procedures to be followed should any previously unrecorded heritage places be encountered during construction. In addition, the HHAs indicate that there are two historic heritage places that have the potential to be impacted by the Project, although these places are considered to be of low historic significance. The HHAs include mitigation measures to reduce impacts to minimise impacts to these places and recommend that the EMP include contingency measures to manage any unexpected discovery of historical heritage sites and features.

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Relevant SPPF Summary of policy assessment clauses Clause 17 The Project will result in economic benefits to the local area, broader region and the State throughout ‘Economic the planning, construction and operational phases. The construction phase will generate positive development’ economic activity through manufacturing and employment. During the operation of the wind farm, there will also be several revenue streams that will have a positive impact on the local economy. These include annual operations and maintenance expenditure, seven to ten permanent wind farm employment positions, participating landholder payments and contributions to community benefit programs. Further details of the economic benefits of the Project are outlined in the Economic Impact Assessment (Hudson Howells, 2014). Clause 18.01-2 The Project has been designed and sited to ensure appropriate transport routes are available to the ‘Transport wind farm and off-site substation, particularly during the construction phase of the wind farm, to system’ ensure there are minimal impacts on the surrounding road network. The proposed traffic routes and recommended road widening works that will be required are addressed in the Traffic Impact Assessment (Cardno, 2014). The Traffic Impact Assessment recommends the implementation of a Traffic Management Plan to outline measures to minimise impacts to existing road users during and post construction. Clause 18.04-3 The Aeronautical Impact and Night Lighting Assessment (Aviation Projects, 2014) concludes that the ‘Planning for Project is not expect to result in any significant risk to normal flying operations provided aircraft are airfields’ operated in compliance with applicable regulatory and operation control requirements. In addition, the assessment states that the Project is not expected to impact on aircraft navigation, communications or procedures. Clause 19.01 As mentioned previously, Clause 19.01 provides strong strategic support for renewable energy projects ‘Renewable in a manner that ensures appropriate siting and design considerations are met. It is submitted that the energy’ Project accords with the relevant strategies of the Clause having regard to the following:  The Project will have significant environmental and economic benefits both at a local level and the broader regional and State level. These benefits include the provision of another source of renewable energy, economic activity associated with manufacturing and employment during the construction phase and ongoing revenue streams once the wind farm is operational.  The proposed wind farm site has been specifically selected based on its consistent wind speed characteristics, relative isolation with a low density population and close proximity to the existing electricity network. Based on the consideration of other relevant State and Local Planning Policies, zoning and overlay requirements and the potential environmental and amenity impacts addressed in the various technical assessments, the Project has been appropriately located and sited in the context of Clause 19.01.

7.2 Consistency with the Local Planning Policy Framework

It is also considered that the Project represents an appropriate planning outcome in the context of the various relevant policy directions of the LPPF.

As discussed in relation to the SPPF, appropriate consideration has been given to a range of potential environmental impacts associated with the Project through the various technical assessments that have been prepared in relation to:  flora and fauna (Clauses 21.03, 21.06, 22.02-2, 22.02-5 and 22.02-8);  protection of water quality and land degradation (Clause 21.06);  landscape values (Clauses 21.03 and 21.06);  cultural heritage issues (Clauses 22.01-1); and  fire protection management (Clauses 21.06 and 22.03-8).

In addition, the potential ‘loss’ of agricultural land has been addressed in the context of the SPPF with the conclusion reached that there will be very limited impact as a result of the

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Project, as grazing activities within the wind farm site, transmission line and surrounding properties will continue to occur post-operation (Clauses 21.04, 21.07 and 22,03-4).

The proposal gives appropriate consideration to the other relevant policy directions of the LPPF as follows:  The Project will contribute positively to the development of local employment opportunities, particularly during the construction phase where approximately 210 direct and 100 indirect jobs (full time positions) are envisaged during the two-three year period. In addition, up to ten direct and six indirect jobs (full-time positions) will be created once the Project is operational. The income provided by the wind farm also has the potential to assist in the on-going agricultural operations on the wind farm site (Clause 21.07).  As discussed in more detail in Section 7.5.5, the Project is not expected to adversely impact on public infrastructure, including the local road network (Clause 21.08).

Accordingly, it is considered that the Project is appropriate in the context of the policy directions of the LPPF.

7.3 Consistency with Zones, Overlays and Particular Provisions

Table 7-2 provides an assessment of the consistency of each major component of the Project against the applicable zones, overlays and particular provisions. In addition, a specific assessment of the wind farm application against these controls in provided at Annex A of this Assessment, the transmission line at Annex B and the substation at Annex C.

Table 7-2 Consistency with Zones, Overlay and Particular Provisions

Project Applicable planning Consistency with planning controls component controls Wind farm and Farming Zone The development of agricultural land for a wind farm does not compromise the associated on- Clause 52.05 – stated purpose of the FZ at Clause 35.07, which encourages the protection of site Advertising Signage productive farmland from inappropriate development and sustainable infrastructure agricultural land uses. It is expected that the existing agricultural activities on Clause 52.32 – Wind the wind farm site and neighbouring properties will continue to occur post Energy Facility operation of the Project, as is the case for other operating wind farms in Victoria. In addition, the construction of improved access tracks may improve the agricultural efficiency for participating landholders. As part of the Project, limited business identification signage is proposed and will be designed in accordance with Clause 52.05. Based on the technical assessments prepared in support of the planning permit applications and EES, the Project has had appropriate regard to the decision guidelines of Clause 52.32 and the Wind Energy Guidelines as follows:  the Project accords with the State and Local Planning Policy Frameworks;  the design response results in acceptable impacts within regard to noise, blade glint, shadow flicker and EMI;  the Project can be readily absorbed within the surrounding landscape without presenting unreasonable visual impacts;  the development of rigorous management and mitigation measures, including ‘no go’ zones and buffer zones, to be implemented during the construction of the Project minimise potential impacts to the natural environment, natural systems and cultural heritage;  the layout of the facility will not unreasonable impact on aircraft safety; and  the wind farm will be able to achieve the requirements of the NZS 6808:2010 for all dwellings without a noise agreement.

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Project Applicable planning Consistency with planning controls component controls

On-site quarry Clause 52.08 - Earth An EES has been prepared for the Project under the EE Act and a Draft Work and Energy Plan (WA 1540) has been prepared for the proposed quarry (CK Prowse & Resources Industry Associates, 2015). On this basis and subject to the approval of the work plan Clause 52.09 – Stone and granting of a Works Authority by DSDBI, a permit is not required under Extraction and Clause 52.08. Extractive Industry Interest Areas Transmission line Farming Zone Consistent with the wind farm infrastructure, the proposed transmission line is corridor and off- Road Zone Category not expected to compromise existing agricultural activities within and site substation 1 surrounding the transmission line corridor. In addition, the footprint of the substation is such that the small loss of agricultural land will be Special Use Zone 1 inconsequential. Environmental Whilst the transmission line crosses Mortlake-Ararat Road and Hamilton Significance Overlay Highway (declared roads), it is not expected to impact on the safety or function Schedule 3 of these roadways.

The proposed transmission line and off-site substation are required to connect the wind farm to MOPS and are therefore entirely compatible with SUZ1 and ESO3, which seek to ensure the Power Station is not constrained by the establishment of potentially conflicting land uses. No planning permit is required for the transmission line and off-site substation pursuant to the provisions of ESO3. Road widening Farming Zone Road works are exempt from requiring a planning permit in the FZ. Upgrades Removal of Clause 52.17 As discussed in more detail in the Flora and Fauna Assessment (BL&A, 2015), native vegetation removal of native vegetation within the wind farm site and transmission line corridor has been avoided and minimised through initial micrositing of WTGs, access tracks and associated infrastructure. In accordance with Clause 52.17 and the Biodiversity Assessment Guidelines, any approved native vegetation removal will be offset in a manner that makes a contribution to Victoria’s biodiversity equivalent to the contribution made by the native vegetation to be removed. The widening of access roads will be undertaken in a manner that will follow the principles of avoid, minimise and offset in terms of vegetation removal in accordance with Clause 52.17.

7.4 Compatibility of the Project with Existing and Potential Future Uses

7.4.1 Agricultural Activities

The development of the Project will not prohibit the land within the wind farm site, transmission line corridor and surrounding properties from continuing existing agricultural activities.

As discussed previously, the existing type and methods of agricultural activities are expected to continue within the wind farm site, transmission line corridor and on surrounding properties with minimal impact from the Project. Based on experience with other projects and assessment of the site infrastructure, it is estimated that less than 2% of the total site area will be used for the WTGs, access tracks and other Project infrastructure.

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Furthermore, whilst the off-site substation involves the removal of a small area currently cultivated for tree plantations, the footprint is such that the loss of agricultural land, when compared to the wider area, will be inconsequential. Given the purpose of the substation is to connect the transmission line to the MOPS, it is also entirely compatible with the operation of the power station.

During the construction stage, slightly larger areas will be fenced off to provide safe construction areas. However, these areas will be rehabilitated and returned to farm use on the completion of construction.

Impacts on existing agricultural infrastructure have been minimised through both the specific design of the WTG layout and access track configuration and consultation with participating landholders. In the event that infrastructure is impacted, Trustpower will agree relocation with the relevant landholders.

The operation of the Project will not adversely affect agricultural practices as the land agreements do not specify restrictions on existing farming practices (other than the avoidance of damage to Project infrastructure and temporary limitations on feeding practices that have been agreed with one landholder). In addition, the operation of the wind farm will comply with the applicable environmental standards and once decommissioned, the land will be rehabilitated (as outlined in the EES). Accordingly, there is not expected to be any long term adverse effect on the farming use of the land.

During operation, noise, shadow flicker and blade glint is not expected to adversely affect livestock. Importantly, the Project will provide an added source of income to participating landholders, which will in turn help to improve the viability of the farms and facilitate future investment in agricultural productivity.

7.4.2 Existing Houses

As mentioned previously at Section 3.2.2, there are currently three dwellings (participating landholders) within the boundary of the wind farm site that are within 1km of a proposed WTG (H4, H48, and H60). In addition, there are two dwellings (H45 and H59) that are located just outside the boundary and owned by Trustpower. The owners of these five dwellings have each entered into legal agreements with Trustpower on mutually acceptable terms such that if the wind farm proceeds to construction, these dwellings will either be acquired by Trustpower, removed or modified and uninhabited for the duration of the wind farm's operation.

The remaining dwellings on properties surrounding the wind farm site and transmission line corridor will continue to be occupied as permanent residencies. There are seven dwellings located within 1km of a WTG, four of which will be uninhabited for the duration of the wind farm's operation.

The key potential amenity impacts as a result of any wind farm development comprise visual impact, noise, blade glint, shadow flicker and electromagnetic interference.

The issue of visual impact is highly sensitive in the context of a wind farm proposal and is addressed at Clause 52.32 and the Wind Energy Guidelines. Specific reference is made to the need to consider the degree to which a wind farm has visual impact and is dependent on the magnitude of the change that will occur to the landscape as a result of the proposal.

Visual impacts are addressed in more detail in the Landscape and Visual Impact Assessment prepared by ERM (2014) for the Project, which concludes that there may be an additional visual impact on dwellings adjacent to the wind farm site. Landscape mitigation measures are identified as an option to significantly reduce the visual dominance of WTGs by filtering the views through evergreen or deciduous planting.

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A Noise Impact Assessment has been undertaken by MDA (2014) against the requirements of NZS 6808:2010 ‘Acoustics – Wind Farm Noise’. The assessment concluded that the wind farm will be able to achieve the requirements of the NZS 6808:2010 for all dwellings without a noise agreement and will not result in any unreasonable loss of amenity to surrounding residential properties as a result of noise.

In accordance with the Wind Energy Guidelines, any planning permit that issues for the Project should include the following conditions (amongst others):  The wind energy facility must comply with the NZS 6808:2010 for those dwellings without a noise agreement;  The wind energy facility must comply with ETSU-R-97 for those dwellings with a noise agreement;  The preparation of noise compliance assessment reports by suitably qualified and experienced independent acoustic engineers; and  The establishment of a noise complaints evaluation and response plan.

An assessment of shadow flicker and blade glint for the Project was undertaken by Garrad Hassan (2014a). This assessment determined that three dwellings will be affected by shadow flicker, with only one house predicted to receive in excess of the recommended maximum of 30 hours per year. These three dwellings are all owned by participating landholders and impacts can be dealt with through appropriate mitigation measures. In addition, any potential blade glint impacts will be minimised or eliminated by the use of a non-reflective surface treatment for the blades.

In order to ensure that surrounding dwellings will not suffer amenity impacts as a result of shadow flicker, any planning permit that issues should also include the following conditions (amongst others):  Shadow flicker from the wind energy facility must not exceed 30 hours per annum at any existing dwelling, unless the operator of the wind energy facility has entered into an agreement with a landowner under which the landowner acknowledges and accepts that shadow flicker may exceed 30 hours per annum at the landowner’s dwelling. Evidence of the agreement must be provided to the satisfaction of the Responsible Authority.  The establishment of a blade shadow flicker complaint evaluation and response plan.

Finally, in relation to potential electro-magnetic interference (EMI), an assessment was undertaken by Garrad Hassan (2014b). This assessment concluded that:  The Project will not have an adverse impact on the performance of communications and navigational systems through the introduction of EMI.

The assessment states that any potential interference from the Project on television broadcasting, mobile phones, wireless internet and radio broadcasting could be rectified with the implementation of mitigation measures. To further ensure that any potential impacts as a result of EMI are identified and resolved, any planning permit that issues should also include conditions requiring the following (amongst others):  A pre-construction survey of television and radio strength within 5km of the wind farm site at the time the application was lodged.  The preparation of a post-construction survey if any complaints are made in relation to television and radio reception upon commencement of operations.  If interference is identified the operator of the wind farm to undertake measures to mitigate the interference and return it to pre-construction quality.

Having regard to the above and the various technical assessments, it is considered that the Project will not result in any unreasonable amenity impacts to existing dwellings as a result of visual impact, noise, blade glint, shadow flicker and EMI.

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Notwithstanding the above, concerns have previously been expressed in relation to other wind farm projects of the potential to create adverse impacts on human health. These concerns are generally a result of operational noise (including low frequency and infrasound emissions), shadow flicker or electromagnetic radiation. Potential health effects have been reported to cover a wide array of physical and mental health outcomes, sleep disturbance, annoyance and ‘quality of life’ impacts.

Despite these previous concerns, public health authorities at the national level have found that there is no consistent direct evidence that exposure to wind farms is associated with any health outcome (National Health and Medical Research Council, 2014 and Australian Medical Association, 2014). The Commonwealth Government’s National Health and Medical Research Council (NHMRC) observed that although there may be some association between exposure to wind farms and annoyance, sleep impacts and quality of life, current research does not establish that any impacts of wind farms cause these effects (NHMRC, 2014).

The findings by public health authorities have been accepted and applied by various decision- making bodies when assessing and issuing approvals for wind farms. In its decision regarding the , the Victorian Civil and Administrative Tribunal (VCAT) stated that ‘it should not pioneer new and different standards from those specified in the planning scheme,’ nor should it substitute its own expertise for ‘the considered views published by statutory authorities or other eminent bodies which are specialist in particular areas’ (Cherry Tree Wind Farm v Mitchell SC (Includes Summary) (Red Dot) [2013] VCAT 1939, [32]).

7.4.3 Future Housing

The potential for a wind farm to affect the development of new dwellings (not yet contemplated or known) on adjoining properties is often raised by landholders adjoining wind farm sites.

The requirements of the FZ are such that a dwelling is an ‘as of right’ use provided it is proposed on a lot of 40 hectares or more, is the only dwelling on the lot, and is able to meet the various requirements of Clause 35.07-2 in relation to access and connection to services.

The potential impact on future dwellings and in particular, whether the wind farm will result in an unreasonable restriction on a landholder’s right to ‘use’ land as a dwelling (primarily as a result of noise and shadow flicker impacts), has been addressed in a number of previous Panel reports. This issue was summarised in the Bald Hills Panel Report dated 2004, where it states at page 280:

‘In relation to all other dwellings that post-date the wind farm planning process whether as of right or subject to a permit, the following principle should apply: the onus of responsibility – for the cost of management of turbine noise and blade shadow amenity impacts- should fall upon the agent of changes.

Where a new dwelling is as of right, it should not be subject to the amenity protections otherwise provided in the wind farm development approval.

Where a new dwelling is subject to a permit, it will be normal to expect that the wind farm operator may object and request the application of a permit condition to ensure appropriate siting and or design measures to reasonably control amenity impacts.’

Having regard to the above, and on the basis that appropriate siting and design measures are taken into consideration as part of any future proposals for dwellings on adjoining land, the wind farm is not expected to result in any unreasonable amenity impacts to future housing where that housing is an ‘as of right’ use.

7.4.4 Other Land Uses

The Mt Fyans Wildlife Reserve is located centrally to the wind farm site, but does not form part of the Project area and comprises remnant native vegetation and shrubland. The proposed

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layout of the wind farm, including the buffer distances to the WTGs, will minimise potential impacts on the reserve.

7.4.5 Infrastructure

Public Infrastructure

Project components will be imported to the Port of Portland and transported by road to the wind farm site. In addition, two transformers for the Project will be delivered to the Port of and transported to Mortlake. One transformer will remain at MOPS for the transmission line substation and one will be transported to the wind farm site. Subject to obtaining relevant approvals and permits from VicRoads, it is expected that over-dimensional (OD) vehicles will use haulage routes previously approved for other projects, including MOPS and the Salt Creek Wind Farm.

The potential impacts of the Project on the local road network are addressed in the Traffic Impact Assessment prepared by Cardno (2014). The Project will result in increased traffic during the construction phase, however the traffic volumes are considered reasonable by Cardno in the context of the existing road network, and therefore are not expected to prejudice other road users.

Vehicle movements associated with the construction and operation of the on-site quarry will largely be contained within the wind farm boundary and are therefore not expected to impact on the local road network.

Community Infrastructure

As mentioned previously, community infrastructure generally occurs within the townships in the wider area. These townships and communities are located in excess of 12km from the proposed wind farm and therefore are not expected to be adversely impacted by the Project.

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8 MITIGATION MEASURES

Detailed technical assessments have been carried out to assess and mitigate potential impacts on surrounding properties. The results of the assessments together with the proposed mitigation measures and on-going consultation with participating landholders, surrounding neighbours and the local community will ensure that any impacts associated with the Project are minimised.

The following management and mitigation measures are recommended in relation to the potential land use impacts:  development of an Environmental Management Plan (EMP), providing detailed management procedures and controls including dust, sediment, erosion, water run-off, weed management, noise and traffic;  restrictions on existing farming practices will not be included in the land agreements for participating landholders (other than the avoidance of damage to Project infrastructure and temporary limitations on feeding practices that have been agreed with one landholder);  liaison with landholders, DELWP and Council regarding vegetation removal and offset planting;  rehabilitation of the site following construction, including potential opportunities to establish surface vegetation on hardstand areas and certain access tracks with pasture species to allow agricultural grazing;  decommissioning of the wind farm in accordance with legal agreements with participating landholders, including removal of infrastructure and revegetation of hardstand areas and access tracks (not required by the landholder) with pasture species to allow agricultural grazing;  development of management and operating procedures in consultation with participating landholders to ensure existing agricultural activities can be continued around the majority of the site;  limiting construction activities to specific construction impact zones and site tracks as agreed with participating landholders;  ongoing discussions with participating landholders and surrounding neighbours to provide information to assist with the location of future dwellings, as requested; and  any mitigation measures outlined in the various technical assessments at Volume 2 of the EES.

In addition, possible future residential development in close proximity to the wind farm site has the potential to be impacted, however, the proposed mitigation measures will ensure that these impacts are minimised and avoided where possible.

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9 CONCLUSION

The following conclusions can be made in relation to the planning permit applications for the Project:  The Project is entirely appropriate in the context of State renewable energy and sustainability policies discussed in Section 6 of this report.  An assessment of the Project against the State and Local Policy Frameworks of the Moyne Planning Scheme clearly demonstrates that the Project is consistent with the statutory and strategic directions of the Moyne Planning Scheme from an environmental, cultural heritage, renewable energy and economic and social benefit perspective.  The Project responds appropriately to the requirements of the Wind Energy Guidelines and the information requirements of this document have been addressed in the permit application documentation and EES.  The Project is appropriate in the context of relevant zone and overlay control in terms of the Moyne Planning Scheme.  The Project is not expected to have any unreasonable impacts on the amenity of surrounding landholdings by way of landscape and visual impacts, noise, blade glint or shadow flicker.  The Project is not expected to result in any significant environmental impacts having regard to identified ecological, cultural heritage and landscape values, water sources and traffic.  The Project is appropriate from a land use planning perspective and will have minimal impact on existing or future land uses within and surrounding the Project area, including farming activities, residences and public infrastructure.

In conclusion, based on a balanced assessment of key planning issues and policies, it is considered that the Project will be an appropriate planning and land use outcome that will result in the development of an additional renewable energy resource in Victoria and will result in an overall net community benefit.

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10 REFERENCES

Archaeology at Tardis (2014a) Dundonnell Wind Farm – Historic Heritage Assessment (HV No. 4253).

Archaeology at Tardis (2014b) Dundonnell Wind Farm Transmission Powerline – Historic Heritage Assessment (HV No. 4430).

Archaeology at Tardis (2015a) Dundonnell Wind Farm – Cultural Heritage Management Plan (CHMP No. 12393).

Archaeology at Tardis (2015b) Dundonnell Wind Farm Transmission Line – Cultural Heritage Management Plan (CHMP No. 12394).

Australian Medical Association (2014) AMA Position Statement – Wind Farms and Health.

Aviation Projects (2014) Dundonnell Wind Farm – Aeronautical Impact and Night Lighting Assessment.

BL&A (2014) Dundonnell Wind Farm – Brolga Assessment.

BL&A (2015) Dundonnell Wind Farm – Flora and Fauna Assessment.

Capire (2014) Dundonnell Wind Farm – Social Impact Assessment.

Cardno (2014) Dundonnell Wind Farm - Traffic Impact Assessment.

C.K. Prowse & Associates Pty Ltd (2015), Draft Work Plan for Work Authority 1540 Dundonnell, Victoria.

DEPI (2013) Permitted clearing of native vegetation – Biodiversity assessment guidelines.

DEPI (2014) Online Native Vegetation Information Management System (NVIM), Accessed: http://www.depi.vic.gov.au/environment-and-wildlife/biodiversity/native-vegetation-information- management

DELWP (2015) Policy and planning guidelines for development of wind energy facilities in Victoria.

DPCD and Planisphere (2013) South West Landscape Assessment Study.

DSE (2005) Victorian Greenhouse Strategy Action Plan.

DTPLI (2013) Scoping Requirements – Dundonnell Wind Farm Project.

DTPLI (2014) Moyne Planning Scheme, Accessed: http://planningschemes.dpcd.vic.gov.au/schemes/moyne

Environmental GeoSurvey Pty Ltd (2014) Dundonnell Wind Farm – Geoscience Features, Significance and Sensitivity Assessment.

Environment Protection and Heritage Council (July 2010) Draft National Wind Farm Development Guidelines.

ERM (2014) Dundonnell Wind Farm – Landscape and Visual Impact Assessment.

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ERM (2015a) Dundonnell Wind Farm Project – Environment Effects Statement.

ERM (2015b) Dundonnell Wind Farm - Hydrogeological Study.

Garrad Hassan Pacific Pty Ltd (2014a) Shadow Flicker and Blade Glint Assessment for the Dundonnell Wind Farm.

Garrad Hassan Pacific Pty Ltd (2014b) Assessment of Electromagnetic Interference Issues for the Dundonnell Wind Farm.

Glenelg-Hopkins Catchment Management Authority (2013) Glenelg-Hopkins Regional Catchment Strategy 2013-2019.

Hudson Howells (2014) Dundonnell Wind Farm – Economic Impact Assessment.

MDA (2014) Dundonnell Wind Farm – Noise Impact Assessment.

Moyne Shire Council (2011) Major Energy Proposals and their Ancillary Infrastructure Policy.

Moyne Shire Council (2012) Environmental Sustainability Strategy.

National Health and Medical Research Council (2014) NHMRC Draft Information Paper: Evidence on Wind Farms and Human Health.

Water Technology (2014) Dundonnell Wind Farm – Surface Water Assessment.

Victorian Government, 2014 Great South Coast Regional Growth Plan.

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Annex A - WIND FARM APPLICATION

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A.1 INTRODUCTION

This Report details the key Project components and planning assessment specific to the Dundonnell wind farm planning application and should be read in conjunction with the main PLUA.

The Project will involve the construction of up to 104 wind turbine generators (WTGs) at a maximum tip height of 165m above ground level and an indicative generation capacity of approximately 312 Megawatts. In addition, support infrastructure includes an on-site substation, access tracks, and for the construction period, an on-site concrete batching plant and on-site quarry.

Specifically, the application seeks approval for:

‘Use and development of a wind energy facility, comprising up to 104 WTGs, main site access track, internal access tracks, on-site substation, electrical reticulation, up to four wind anemometers, permanent operations/maintenance facility, temporary concrete batching plant and site office buildings; removal of native vegetation; business identification signage; and alterations to roads located in a Road Zone Category 1’.

A.2 SUBJECT SITE

The wind farm site is irregular in shape and bounded by farmland to the north, Darlington- Nerrin Road to the east, Woorndoo-Dundonnell Road to south and farmland to the west. The site comprises approximately 4,200ha of agricultural land with isolated homesteads.

Figure A-1 shows the subject site boundary and the main access track.

Figure A-1 Wind Farm Site

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A.3 PROPOSAL

Wind farm infrastructure including WTGs and roads will cover an area of approximately 220ha, which constitutes approximately 2% of the wind farm site. The application seeks permission for the use and development of a wind energy facility, as detailed following and shown in Figure A- 2.

The Project also includes the establishment of an on-site quarry to source construction materials in order to reduce reliance on external quarries and minimise impacts on local roads and the community. This element of the Project does not require planning permission, as detailed in Section A.4.4 of this Report.

Figure A-2 Indicative Site Layout

A.3.1 Wind Turbine Generators (WTGs)  Up to 104 WTGs will be located throughout the site.

 Each WTG will comprise a tower, nacelle, hub and rotor, with a maximum hardstand area of approximately 50m x 30m at the base.

 A transformer kiosk will be located adjacent to each WTG, or located inside the tower base or nacelle in each WTG.

 The overall height of each WTG will be approximately 165m above natural ground level.

 The external finishes will be non-reflective, in a white to light grey colour.

A.3.2 Main Site Access Track  The main site access track will connect Woorndoo-Streatham Road to the site’s western boundary.

 The track will have a length of approximately 6.5km and maximum width of 12m.

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A.3.3 Internal Access Tracks  Private access tracks will be constructed throughout the wind farm site to allow for construction and maintenance of the wind farm.

 The tracks will total approximately 75km in length with a width of approximately 10m during the construction period, with 1m shoulders on either side.

A.3.4 On-site Substation  The on-site substation will be located centrally within the wind farm site, at the start of the transmission line corridor.

 The substation compound will comprise an area of approximately 200m x 150m.

 The overall height will be approximately 6m, with the exception of where overhead cables will leave and enter the compound which will exceed 20m in height.

 Up to 2 dual-rated transformers will be located within the substation on pedestal foundations, surrounded by concrete bunds.

A.3.5 Electrical Reticulation  Underground cabling will connect the WTGs to the on-site substation.

 The electrical cables will be 33kV with an overall length of approximately 86km.

 The cables will be located in a trench with a depth of approximately 1m that will generally follow the alignment of the internal access tracks.

A.3.6 Wind Anemometers  Up to 4 wind monitoring masts will be located within the wind farm site.

 Each mast will be supported by a small concrete foundation and guy wires.

 The overall height of each mast will be approximately 110m above ground level.

A.3.7 Operation/Maintenance Facility  The permanent site operations and maintenance facility will be located within the west of the wind farm site near the main entrance.  The facility will comprise an area of approximately 100m x 75m within the wind farm site.  The facility will include offices, sheds, car/truck parking, and laydown areas .

A.3.8 Temporary Concrete Batching Plants and Office Buildings  2 temporary concrete batching plants and associated office buildings will be established on- site during the construction phase of the wind farm.

 One plant will be located near the western boundary and the other located centrally within the wind farm site. The expected area required for the plants and storage of materials is approximately 100m x 100m.

 The overall building height will be approximately 10m.

 These plants will be removed following the completion of construction.

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A.3.9 Removal of Native Vegetation  Approximately 1.285ha of native vegetation (a total of 0.114 biodiversity equivalence units) will be removed as a result of Project infrastructure for the wind farm site and main access track.

 A general offset of 0.172 biodiversity equivalence units will be required.

 A specific offset of 0.26 biodiversity equivalence units will be required for the removal of the Fragrant Leek-orchid.

Figure A-3 identifies the general locations of proposed native vegetation removal, as shown within the white circles. For full details, see the Flora and Fauna Assessment prepared by BL&A (Figures 2-10 to 2-13), provided at Annex L of the EES.

Figure A-3 Overview Locations of Native Vegetation Removal

A.3.10 Business Identification Signage  Business identification signage will be required in areas such as the permanent maintenance facility.

 The details of the signage is not confirmed at this stage and will be determined during the detailed design phase to the satisfaction of the responsible authority.

A.3.11 Alterations to a Road Zone Category 1 Road windening is likely to be required at two locations within a road reserve adjoining a Road Zone Category 1 to accommodate over dimensional (OD) vehicles. Pleasee see the Traffic Impact Assessment prepared by Cardno, provided at Annex U of the EES for full details. The identified locations and proposed works are detailed as follows. Only Mortlake-Ararat Road is defined as a Road Zone Category 1, however for completeness, all road widening works have been detailed. 1. Mortlake-Ararat Road

- Road widening will likely be required on the inside northern shoulder on the western Mortlake-Ararat Road bridge.

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- The existing shoulder widths between 1.2 and 1.4m appear trafficable, however further investigation is required to determine whether existing shoulders are sufficient or require widening.

2. Mortlake-Ararat Road/ Woorndoo-Dundonnell Road/ Woorndoo-Streatham Road

- The verge north of the Mortlake-Ararat Road/ Woorndoo-Dundonnell intersection will need to be built up to the road surface level and widened.

- The existing culvert will require extension and the road pavement to the north will be widened.

- The splitter island on the Woorndoo-Dundonnell Road approach may need to be temporarily removed to accommodate OD movements.

- The verge on the western side of the Dundonnell Road/ Woorndoo-Streatham Road intersection will require widening. 3. Woorndoo-Streatham Road at the Intersection of Bolac Plains Road

- Incorporate existing gravel shoulders into sealed road surface to create a sealed road width of approximately 6.2m (currently 4m in width).

4. Woorndoo-Streatham Road

- A Bitumen surface will be provided along the existing shoulder of between 0.9 and 1.7m in width.

Figure A-4 identifies the four locations of proposed road widening works in red, while Figure A- 5 shows the general location of the two sections of works within the Road Zone Category 1 within the black circles.

Figure A-4 Road Widening Works in Road Zone Category 1

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Figure A-5 Road Widening Works in Road Zone Category 1

A.4 PLANNING CONTROLS

This Section details the specific Zone and Overlay Controls and Particular Provisions relevant to the proposal. An assessment of the proposal against the State and Local Planning Policy Framework and other relevant documents and guidelines is provided in the body of the PLUA.

A.4.1 Zone

Farming Zone (FZ)

The wind farm site is located within the FZ pursuant to Clause 35.07 of the Moyne Planning Scheme.

The purpose of the FZ is as follows:  ‘To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To provide for the use of land for agriculture.  To encourage the retention of productive agricultural land.  To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture.  To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.  To protect and enhance natural resources and the biodiversity of the area.’

Under the provisions of Clause 35.07-1, a planning permit is required for a wind energy facility as it is specified as a Section 2 (permit required) use, subject to it meeting the requirements of Clause 52.32.

Pursuant to Clause 35.07-4, a permit is required for building and works for a Section 2 (permit required) use. This includes earthworks that change the rate of flow or the discharge point of water across a property boundary or which increase the discharge of saline groundwater. Road works are exempt from requiring planning approval under the FZ pursuant to Clause 62.02.

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Clause 35.07-6 outlines the decision guidelines that must be considered by the responsible authority before deciding on an application under the Zone. These generally relate to agricultural impacts, dwelling issues, environmental issues and siting and design issues.

Clause 35.07-7 refers to the advertising signage at Clause 52.05 and specifies that the FZ is in Category 4 – Sensitive Areas.

A.4.2 Overlays

The wind farm site is not affected by any overlay controls.

A.4.3 General and Particular Provisions

Clause 52.05 – Advertising Signs

The purpose of Clause 52.05 ‘Advertising Signs’ is:  ‘To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character.  To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.’

Clause 52.05-10 outlines the requirements for advertising signage within Category 4 – Sensitive Areas. The purpose of this Category is to ‘provide for unobtrusive signs in areas requiring strong amenity control’. A business identification sign is a Section 2 (permit required) use provided the total advertisement area to each premises does not exceed 3m².

Clause 52.08 – Earth and Energy Resources Industry

The purpose of Clause 52.08 ‘Earth and Energy Resources Industry’ is:  ‘To encourage land to be used and developed for exploration and extraction of earth and energy resources in accordance with acceptable environmental standards.  To ensure that mineral extraction, geothermal energy extraction, greenhouse gas sequestration and petroleum extraction are not prohibited land uses.  To ensure that planning controls for the use and development of land for the exploration and extraction of earth and energy resources are consistent with other legislation governing these land uses.

Pursuant to Clause 52.08-1 ‘Mineral extraction’ is exempt from requiring a permit if it complies with Section 77T of the MRSD Act. An EES has been prepared for the Project under the EE Act and a Draft Work Plan (WA 1540) has been prepared for the proposed quarry (CK Prowse & Associates, 2015). On this basis and subject to the approval of the Work Plan and granting of a Works Authority by the Minister for Energy and Resources, a permit is not required for the proposed quarry under this Clause.

Clause 52.09 – Stone Extraction and Extractive Industry Interest Areas

The purpose of Clause 52.09 ‘Stone Extraction and Extractive Industry Interest Areas’ is:  ‘To ensure that use and development of land for stone extraction does not adversely affect the environment or amenity of the area during or after extraction.  To ensure that excavated areas can be appropriately rehabilitated.  To ensure that sand and stone resources, which may be required by the community for future use, are protected from inappropriate development.’

Pursuant to Clause 52.09-2, a permit to use and develop land for stone extraction is not required if the conditions in the table to Clause 52.08-1 are met. Therefore, as outlined above, if the

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Clause 52.17 – Native Vegetation

The purpose of Clause 52.17 ‘Native Vegetation’ is:  ‘To ensure permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. This is achieved through the following approach: - Avoid the removal of native vegetation that makes a significant contribution to Victoria’s biodiversity. - Minimise impacts on Victoria’s biodiversity from the removal of native vegetation. - Where native vegetation is permitted to be removed, ensure that an offset is provided in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made by the native vegetation to be removed.  To manage native vegetation to minimise land and water degradation.  To manage native vegetation near buildings to reduce the threat to life and property from bushfire.’

Under the provisions of Clause 52.17-2 a permit is required to remove, destroy or lop native vegetation, including dead native vegetation. Thus, a permit is required for the removal of native vegetation associated with the wind farm infrastructure, including the main access track and internal access tracks. Any application must be classified using the risk-based pathways defined in the Permitted clearing of native vegetation – Biodiversity assessment guidelines (DEPI, 2013).

Before deciding on an application, under Clause 52.17-5 consideration must be given to:

 ‘The contribution that native vegetation to be removed makes to Victoria’s biodiversity. This is determined by:

- The extent and condition of the native vegetation.

- The biodiversity value of the native vegetation, including whether the native vegetation is important habitat for rare or threatened species.

 Whether the removal of native vegetation is defined as being in the low, moderate or high risk-based pathway, as defined in the Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) and apply the decision guidelines accordingly’.

Clause 52.17-6 ‘Offset Requirements’ requires the removal of native vegetation to be offset in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines.

Clause 52.29 – Land Adjacent to a Road Zone Category 1

The purpose of Clause 52.29 ‘Land Adjacent to a Road Zone Category 1’ includes:

 ‘To ensure appropriate access to identified roads.’

Under this Clause, a permit is required to create or alter access to a road in a Road Zone, Category 1.

Minor road widening works are likely to be required along sections of Mortlake-Ararat Road, Woorndoo-Dundonnell Road and Woorndoo-Streatham Road to accommodate construction vehicles. Mortlake-Ararat Road is located within a Road Zone Category 1 and therefore, it is considered that permission is required under the provisions of Clause 52.29 to alter access to a Road Zone Category 1.

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Clause 52.32 – Wind Energy Facility

The purpose of Clause 52.32 ‘Wind Energy Facility’ is:  ‘To facilitate the establishment and expansion of wind energy facilities, in appropriate locations, with minimal impact on the amenity of the area.’

A permit is required to use and develop the land for a wind energy facility pursuant to Clause 52.32-2. The use and development of land for a wind energy facility is prohibited at a location listed in the table to Clause 52.32-2, except where the associated conditions are met.

As described in the Schedule to Clause 52.32, all land within 5km of the high water mark of the coast east of the urban area of Warrnambool is prohibited from being developed as a wind energy facility. The wind farm site does not fall within this area.

Clause 52.32-3 states that ‘an application that includes a turbine that is within one kilometre of an existing dwelling must be accompanied by:  A plan showing all dwellings within one kilometre of a proposed turbine.  Evidence of the written consent of any owner of an existing dwelling located within one kilometre of a proposed turbine that forms part of a Wind energy facility.’

In addition to the above requirements, consent from landowners within two kilometres of a WTG has been provided. Thus, the proposal meets the required conditions and is not prohibited.

Before deciding on an application, pursuant to Clause 52.32-5, the responsible authority must give consideration to the following decision guidelines, as appropriate:

 ‘The State Planning Policy Framework and the Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies.

 The effect of the proposal on the surrounding area in terms of noise, blade glint, shadow flicker and electromagnetic interference.

 The impact of the development on significant views, including visual corridors and sightlines.

 The impact of the facility on the natural environment and natural systems.

 The impact of the facility on cultural heritage.

 The impact of the facility on aircraft safety.

 Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (April 2015).

 The New Zealand Standard NZS6808:2010, Acoustics - Wind Farm Noise’.

Clause 52.37 – Post Boxes and Dry Stone Walls

The purpose of Clause 52.37 ‘Post Boxes and Dry Stone Walls’ is:  ‘To conserve historic post boxes and dry stone walls.’

A permit is required to demolish, remove or alter a dry stone wall constructed before 1940. This does not apply to:  ‘Dry stone structures other than walls and fences.  The demolition or removal of a section of a dry stone wall to install a gate.  The reconstruction of damaged or collapsing walls which are undertaken to the same specifications and using the same materials as the existing walls.’

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Where possible the existing historic dry walls will be avoided, however where this is not possible, the sections of the dry walls to be demolished will be replaced with gates. Therefore, in accordance with the above, a permit is not required under this Clause.

Clause 62 - Uses, Building, Works, Subdivision and Demolition Not Requiring a Permit

The following uses and development are exempt from requiring planning approval pursuant to Clauses 62.01 and Clause 62.02:  Earth and energy resources if the conditions of Clause 52.08 are met; and  road works within the FZ.

Clause 65 – Decision Guidelines

Clause 65 provides additional decision guidelines that the responsible authority must have regard to before deciding on an application.

A.4.4 Summary of Permit Triggers

Table A-1 outlines the permit triggers for the subject site.

Table A-1 Summary of Permit Triggers

Zoning, Overlays and Particular Provisions, as relevant Planning Permit Requirements Wind farm and Farming Zone Permit required for use and development, associated provided it meets requirements of Clause infrastructure 52.32. (wind energy Clause 52.05 – Advertising Signage Permit required for business signage, facility) provided it does not exceed 3sqm in area. Clause 52.17 – Native Vegetation Permit required for vegetation removal on private land. Clause 52.29 – Land Adjacent to a Road Zone Category 1 Permit required for road widening works on Mortlake-Ararat Road. Clause 52.32 - Wind Energy Facility Permit required for use and development.

A.5 ASSESSMENT

The overall assessment of the proposal in accordance with the State Planning Policy Framework and Local Planning Policy Framework is contained in the body of this PLUA at Section 7.1 and 7.2. Following is a specific assessment of the wind farm application in relation to the relevant permit triggers.

A.5.1 Use and Development within the Farming Zone

The key purposes of the FZ pursuant to Clause 35.07 are to provide for and conserve agricultural land and protect and enhance biodiversity.

The subject site is ideally suited to the development of a wind farm. The land is capable of hosting a wind farm of this scale and the location makes use of existing infrastructure, being in close proximity to the electricity grid to enable connection to the network. The site is relatively isolated, well separated from surrounding townships, with only seven dwellings located within 1km of a WTG, thereby minimising opportunity for conflict with residential dwellings. In addition, given the agricultural nature of the land, the site has been substantially cleared of native vegetation and comprises a modified landscape.

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With regards to the use of the land, the proposed wind farm infrastructure will only occupy approximately 2% of the overall site. This site coverage is minimal and will allow existing agricultural activities to continue on the subject site and adjoining land. The proposal will not introduce any sensitive uses to the land which would conflict with the existing agricultural activities. The temporary Project elements, such as the concrete batching plants, will be removed and the land rehabilitated following completion of construction, to allow the return of these areas to agricultural use. In addition, the proposed internal access tracks will improve manoeuvrability throughout the site and are expected to improve agricultural efficiency for landholders.

In terms of environmental issues, the Project has been designed to respond to site conditions and avoid areas of environmental significance and minimise impacts on biodiversity. Project infrastructure has been sited away from wetlands and springs and areas of environmental and historical and cultural sensitivity. Technical assessments, including flora and fauna, geomorphological, ecological, cultural heritage, groundwater and hydrogeological assessments, have been undertaken and an EES has been prepared which identified is greater detail how the proposal manages environmental issues.

In addition, Project infrastructure has been sited and designed to ensure no adverse impacts to the natural landscape and minimal impacts on vistas within public viewpoints, as detailed in the Landscape and Visual Impact Assessment provided at Annex R of the EES.

In summary, the proposed use will not conflict with surrounding agricultural uses and the Project has been designed to enable the continued agricultural use of the land. The environmental impacts of the Project have been given detailed consideration through the preparation of the EES and the proposal will not result in any undue impacts on biodiversity. Thus, given the above, it is considered that the proposal complies with the key objectives of the Zone.

A.5.2 Display of Advertising Signage

The subject site is located within ‘Category 4 – Sensitive Areas’ under the provisions of Clause 52.05. Business identification signage will be required to clearly identify certain elements on site, such as the maintenance facility. At this stage, details of the signage required is not yet confirmed. Nonetheless, the signage will be limited to the extent necessary for identification, which will not exceed 3m². Thus, the signage will be minor in nature and will not appear obtrusive in the natural landscape. The signage will be designed with consideration given to the decision guidelines of Clause 52.05-3 and to the satisfaction of the responsible authority. This will ensure the signage has no undue impact on the amenity of the area in accordance with the objectives of Clause 52.05.

A.5.3 Native Vegetation Removal

The Project has been designed to avoid and/or minimise native vegetation removal in accordance with Clause 52.17. In some locations however, alternative design solutions were not feasible and thus, the proposal will result in the removal of approximately 1.285ha of native vegetation to allow for the siting of WTGs and access tracks. The vegetation removal is required in two locations along the main site access track and in one location within the wind farm site.

In accordance with Clause 52.17 and the Permitted clearing of native vegetation – Biodiversity assessment guidelines (DEPI, 2013), based on the extent and location of the vegetation to be removed, the proposal has been assessed under the high risk assessment pathway. In accordance with this assessment, a general offset of 0.172 biodiversity equivalence units is required with a minimum strategic biodiversity score of 0.505. In addition, a specific offset of 0.26 biodiversity equivalence units is required for the removal of the Fragrant Leek-orchid

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along the main site access track. The required offsets will, ultimately, ensure that no net loss results to Victoria’s biodiversity in accordance with the overall objectives of Clause 52.17.

For full details of proposed vegetation removal and biodiversity assessment, refer to the Flora and Fauna Assessment prepared by BL&A provided at Annex U of the Dundonnell Wind Farm EES.

A.5.4 Road Works within a Road Zone Category 1

The proposal is likely to require road works within two sections of Mortlake-Ararat Road which is a designated Road Zone Category 1. The road works will be contained within the existing road shoulders, in which the road will be widened (bitumen placed on the shoulders) in small sections to allow for OD vehicles to manoeuvre the corners clearly. The proposal will not affect the operation of the road or have any impact on public safety in accordance with the objectives of Clause 52.29.

A.5.5 Use and Development of a Wind Energy Facility

The subject site benefits from its relatively isolated location, with few landholders and is well separated from surrounding townships. The proposal meets the requirements of Clause 52.32, as an appropriate location for a wind energy facility.

There are seven dwellings located within 1km of a dwelling as shown in Figure 4.1 in the body of this Planning and Land Use Assessment. The owners of four of these dwellings have entered into agreements with Trustpower on mutually acceptable terms, such that if the wind farm proceeds to construction, these dwellings will either be acquired by Trustpower, removed, or modified and uninhabited for the duration of the wind farm's operation. In accordance with Clause 52.32-3 written consent has been provided for the proposal from the owners of existing dwellings within 1km. These letters of consent are provided at Annex A of Volume 4 of the EES. In addition to the seven required consent letters, consent has been provided for all 14 dwellings within 2km of a WTG. This is because the planning permit application was prepared prior to Amendment VC124 being gazetted in April 2015 and thus, the requirements of Clause 52.32 related to 2km at the time this application was prepared.

The EES prepared for the wind farm has addressed all decision guidelines contained in this Clause and demonstrates appropriate compliance with the objectives of the Scheme for wind energy facilities. Following is a brief assessment of the proposal in accordance with the decision guidelines of Clause 52.32 informed by the relevant technical assessments provided at Volume 2 of the EES. In addition, Volume 1 of the EES provides a detailed discussion of potential environmental, social and economic impacts of the wind farm, informed by the technical assessments.

The effect of the proposal on the surrounding area in terms of noise, blade glint, shadow flicker and electromagnetic interference

A Shadow Flicker and Blade Glint Assessment has been undertaken for the proposed wind farm and is provided at Annex P of the EES and discussed in Chapter 15 of the EES. An Assessment of Electromagnetic Interference Issues has also been undertaken and is provided at Annex Q of the EES and discussed in Chapter 16 of the EES.

The Shadow Flicker and Blade Glint Assessment sound that there are four dwellings that have the potential to be impacted by shadow flicker, with only two of these predicted to receive in excess of the recommended limit of 30 hours per year outlined in the Draft National Wind Farm Development Guidelines (EPHC, 2010). When considering the actual shadow flicker duration, which takes into account the reduction in shadow flicker due to WTG orientation and cloud cover, only one dwelling is expected to experience shadow flicker in excess of the recommended limit of 10 hours per year. Potential impacts will be dealt with through

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In relation to blade glint from the Project, it is expected that impacts will be negligible as blades will be finished with low gloss, non-reflective coatings.

The Assessment of Electromagnetic Interference Issues identified that the Project is unlikely to cause any unacceptable impacts to radio communication systems within 75km of the wind farm site. Nonetheless, on-going consultation with service operators will be undertaken to ensure any impacts are minimised.

The Project has the potential to impact on television broadcasting, mobile phones, wireless internet and radio broadcasting in the vicinity of the Project; however these impacts will be rectified if necessary, with the implementation of mitigation measures identified within a Television and Radio Reception Management Plan.

The impact of the development on significant views, including visual corridors and sightlines

A Landscape and Visual Impact Assessment has been undertaken and is provided at Annex R of the EES and discussed at Chapter 17 of the EES. This Assessment found that Project infrastructure can be readily absorbed within the surrounding landscape without presenting unreasonable visual impacts.

The Assessment found that the Project is located within a highly modified rural landscape and the existing rural activity, associated structures and other infrastructure have created a landscape that can readily absorb change.

On-site assessment of the potential visual impact at 40 publicly accessible viewpoints within the viewshed of the Project determined that the visual impact of the Project at all locations would negligible to minor, with the exception of one viewpoint from a local road which is assessed as moderate. There may be potential visual impacts on residential properties within 2km to 4km of the Project. Mitigation measures for these properties will be implemented if required, such as landscaping measures offered to reduce visual impact to these dwellings.

The impact of the facility on the natural environment and natural systems

A number of technical assessments have been undertaken to assess the environmental impacts of the proposal. These include a Flora and Fauna Assessment, Brolga Assessment, Hydrogeological Assessment, Surface Water Assessment and a Geoscience Features Significance and Sensitivity Assessment. These assessments are provided at Volume 2 of the EES and discussed in Chapters 8, 9, 10, 12, 13, 24 and 25 of the EES.

The majority of the wind farm site is dominated by improved pasture, with remnant native vegetation limited to scattered patches of shallow grassy wetland, areas of escarpment shrubland, scattered patches of plains grassland and scattered River Red Gum trees. Project infrastructure has been sited to minimise impacts to flora and fauna, specifically threatened species. As previously discussed, the proposal will require the removal of native vegetation which will be appropriately offset.

The majority of the wind farm site is of low quality habitat for fauna due to the modification of the site for agriculture which has resulted in the removal of most suitable habitat elements. However the Flora and Fauna Assessment found that some areas of site could still provide moderate to high quality habitat for fauna species. Suitable habitat for threatened species has been avoided where possible and where required, mitigation measures will be implemented, with Project activities undertaken in accordance with an Environmental Management Plan, including a Vegetation Management Plan, Fauna Management Plan and a Bat and Avifauna Management Plan. These are expected to be included as part of a robust Environmental Management Plan, as required by any permit approval.

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The Project has been designed to ensure that infrastructure within the wind farm site will have minimal impacts to hydrogeology and surface water. Erosion and sediment control mitigation measures have been identified to minimise potential construction related impacts in relation to increased runoff to waterways and wetlands. These will be implemented through an Environmental Management Plan, with Project activities undertaken in accordance with a Sediment, Erosion and Water Quality Management Plan and a Hydrocarbon and Hazardous Substance Plan.

The impact of the facility on cultural heritage

A Draft Cultural Heritage Management Plan (CHMP) has been prepared for the wind farm site. This is provided at Annex H of the EES and discussed in Chapter 11 of the EES.

A total of six registered Aboriginal cultural heritage places were identified within the wind farm site. During construction of the Project, impacts to four of the registered Aboriginal cultural heritage places will be avoided by ensuring construction and ground disturbance does not occur within these places and management measures will be implemented to avoid inadvertent harm to these places. Subsurface testing identified two artefact scatters in locations to be impacted by Project infrastructure. In accordance with measures identified within the CHMPs, the artefacts will be managed appropriately.

The presence of local resources in the study area and previously recorded places, suggests that it is possible that additional Aboriginal cultural heritage may be present than that identified to date. As such, areas of archaeological potential have been identified which will be subject to management measures during construction. If any unexpected Aboriginal cultural heritage is discovered during construction, contingency measures will be implemented and impacts will be appropriately managed through the CHMP process.

The impact of the facility on aircraft safety

An Aeronautical Impact and Night Lighting Assessment has been undertaken for the proposal and is provided at Annex X of the EES and discussed in Chapter 21 of the EES.

The Project will not infringe any existing Obstacle Limitations Surfaces (OLS), Procedures for Air Navigation Services – Operations (PANS-OPS) surfaces, or any existing clearance planes for Air Traffic Control (ATC) radar/navigation aids. In addition, obstacle lighting is not required for the Project.

The Assessment found that the Project may restrict aerial agricultural and aerial fire-fighting opportunities in the vicinity of the Project, given the potential for collision between aircraft and the WTGs and wind monitoring masts. The introduction of the wind farm access tracks however, will improve ground based access and consultation has been undertaken with the CFA. In addition, the location of the WTGs and wind monitoring masts will be made available to local and regional aircraft operators prior to, during and following construction.

Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (April 2015)

The Project has been designed in accordance with these Guidelines. The site location was selected in accordance with Section 2.2 of the Guidelines to minimise impacts on significant environmental, cultural and landscape values. The preparation of this planning permit application (and associated applications for the off-site infrastructure) has been undertaken in accordance with Section 4.2. This included numerous pre-application discussions with relevant authorities and stakeholders and technical advice given from numerous consultants which ultimately, informed the current design of the Project. All information required under Section 5 has been provided within the EES.

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The New Zealand Standard NZS6808:2010, Acoustics - Wind Farm Noise

A Noise Impact Assessment has been undertaken to assess the potential construction and operational noise and vibration impacts of the Project, in accordance with the New Zealand Standard 6808:2010 Acoustics – Wind farm noise (NZS 6808:2010). This Assessment is provided at Annex O of the EES.

Noise levels were predicted at 26 residential properties within 5km of the wind farm site. Predicted noise levels associated with the operation of the wind farm have been shown to comply with NZS 6808:2010 at all properties without a noise agreement.

Consideration was also given to potential noise impacts from other components of the Project including the quarry, the transmission line and the off-site sub-station, all of which are expected to comply with all relevant noise criteria.

The construction of the Project will involve the use of heavy earth-moving and excavation equipment, such as bulldozers, graders, rock hammers and excavators. It is likely to cause an increase in localised ambient noise levels during the construction phase, however, such noise impacts will be localised and of short-term duration. Potential noise impacts during the construction phase of the Project will be controlled by a Construction Noise Management Plan to ensure compliance with relevant standards and include mitigation measures to ensure the Project does not result in undue noise impacts.

A.6 CONCLUSION

The above assessment demonstrates compliance with the key planning policies and guidelines relevant to the proposal. The Project not only responds appropriately to the strategic objectives of the State and Local Planning Policy Framework, but complies with the overall objectives of the Farming Zone and relevant Particular Provisions.

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Annex B - TRANSMISSION LINE APPLICATION

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B.1 INTRODUCTION

This Report details the proposed transmission line application in association with the Dundonnell Wind Farm and should be read in conjunction with the main PLUA.

The proposed transmission line is required for the operation of the wind energy facility, which is detailed within the body and specifically, at Annex A of this PLUA.

Specifically, the application seeks approval for:

‘Use and development of a utility installation (power lines designed to operate at 220,000 volts or more) for a length of approximately 38 kilometres and associated removal of native vegetation, to enable the connection of the Dundonnell Wind Farm to an off-site substation and subsequent connection into the electricity grid at the Mortlake Gas Power Station’.

B.2 SUBJECT SITE

The subject site comprises a 50m corridor with a length of approximately 38km which is proposed to extend from the south-western boundary of the wind farm site to the proposed off- site substation located to the east of the existing Mortlake Power Station (MOPS).

Approximately 10km of the transmission line is proposed along Mortlake-Ararat Road and Castle Carey Road. In these sections, the line will be located within the road reserves and will not extend into private land. Figure B-1 identifies the subject site in orange.

Figure B-1 Transmission Line Corridor

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B.3 PROPOSAL

The proposed transmission line is required to connect the on-site substation located within the wind farm site to the proposed off-site substation that then will enable connection to the Heywood-Moorabool electricity network at MOPS. The detailed design of the transmission line (i.e. the exact location of poles and access tracks) cannot be confirmed at this stage. As such, a conservative approach has been taken, comprising a 50m corridor, to enable Project infrastructure to be located within this area. The proposed transmission line and associated native vegetation removal are described following.

B.3.1 Tranmission Line (Utility Installation)

The transmission line will comprise two sections; the first being a 220kV line connecting the on- site substation to the off-site substation, and then a 500kV transmission line for the last approximately 1km connecting the off-site substation to MOPS, as detailed following.

220kV Tranmission Line  The transmission line will comprise a 220kV (single or double circuit) line comprising 3 or 6 wires.

 The line will be primarily constructed on monopoles up to a maximum height of 35m above ground level. Some double pole structures may be required in select locations due to topography or other technical requirements.

 Each monopole will have a footprint of approximately 4m², including concrete footings with a diameter of approximately 2.5m, up to a depth of approximately 12m.

 The average span between each pole will be approximately 250m. This may vary due to topography, vegetation or landholder requirements.

500kV Tranmission Line  This portion of the transmission line will connect the off-site substation to MOPS.

 The line will be constructed of light and heavy strain suspension towers.

 Approximately 3 to 4 towers will be required over the route.

 Each tower will have a footprint varying between approximately 50 - 100m², depending on the type of tower required.

B.3.2 Native Vegetation Removal The vegetation assessment has been based on a conservative indicative layout of the transmission line. Following is the extent of native vegetation likely to be impacted by this layout.

 Approximately 5ha (a total of 0.594 general biodiversity equivalence units) of remnant native vegetation is proposed for removal.

 A total of 14 scattered trees are proposed to be removed.

 A general offset of 0.933 will be required.

For full details of the native vegetation likely to be impacted and figures, refer to Section 12.4 of the Flora and Fauna Assessment provided at Volume 2, Annex L of the EES.

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B.4 PLANNING CONTROLS

This Section details the specific Zone and Overlay Controls and Particular Provisions relevant to the proposal. The relevant State and local planning policies and other relevant documents and guidelines are detailed in the body of this PLUA.

B.4.1 Zone

The majority of the transmission line corridor is located with the Farming Zone. However, the line crosses the Road Zone Category 1 at Mortlake-Ararat Road and Hamilton Highway. In addition, the southern tip is located within the Special Use Zone where the transmission line connects the off-site substation to MOPS. These zone provisions are detailed following.

Farming Zone (FZ)

The majority of the transmission line corridor is located within the FZ pursuant to Clause 35.07 of the Moyne Planning Scheme.

The purpose of the FZ is as follows:  ‘To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To provide for the use of land for agriculture.  To encourage the retention of productive agricultural land.  To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture.  To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.  To protect and enhance natural resources and the biodiversity of the area.’

Under the provisions of Clause 35.07-1, a utility installation (other than minor utility installation) is a Section 2 use and therefore, requires a planning permit. The proposed power lines are designed to operate at or in excess of 220kV volts and therefore the transmission line is not considered to be a minor utility installation.

Pursuant to Clause 35.07-4, a permit is required for building and works for a Section 2 (permit required) use. Road works are exempt from requiring planning approval under the FZ pursuant to Clause 62.02.

Clause 35.07-6 outlines the decision guidelines that must be considered by the responsible authority before deciding on an application under the Zone. These generally relate to agricultural impacts, dwelling issues, environmental issues and siting and design issues.

Road Zone Category 1 (RDZ1)

The transmission line corridor crosses Mortlake-Ararat Road and Hamilton Highway and in part, will be located in the Mortlake-Ararat Road reserve. Mortlake-Ararat Road and Hamilton Highway are both contained within the RDZ1 pursuant to Clause 36.04. Figure B-2 shows the transmission line corridor crossing the Road Zone Category 1.

The purpose of this zone includes:  ‘To identify significant existing roads.  To identify land which has been acquired for a significant proposed road.’

A utility installation is a Section 2 use pursuant to Clause 36.04-1 and thus, requires a permit.

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Pursuant to Clause 36.04-2, a permit is also required to construct a building or construct or carry out works in association with a Section 2 use.

Figure B-2 Road Zone Category 1

Special Use Zone (SUZ)

The southern end of the transmission line (where it connects the off-site substation to MOPS) is located within the SUZ Schedule 1 pursuant to Clause 37.01. Figure B-3 shows the location of the SUZ.

The purpose of this zone includes:  ‘To recognise or provide for the use and development of land for specific purposes as identified in a schedule in this zone.’

Schedule 1 relates to the ‘Mortlake Power Station’ which has the specific purposes:  ‘To facilitate the development and use of a gas-fired power station in a manner which recognises the character and amenity of the surrounding area.  To provide for electricity generation using natural gas.’

A utility installation is a Section 1 use provided it meets the requirements of Clauses 2.0 and 3.0 of the Schedule. Clauses 2.0 and 3.0 require that the use of the land and any development must be consistent with the approved environmental management plan and development plan.

Figure B-3 Special Use Zone

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B.4.2 Overlays

Environmental Significance Overlay (ESO)

The southern end of the transmission line corridor is located in Schedule 3 of the Environmental Significance Overlay (ESO3) which refers to the ‘Mortlake Power Station Environs’ pursuant to Clause 42.01. This overlay surrounds MOPS to the east and north-east and is shown in Figure B- 4.

The purpose of the ESO includes:  ‘To identify areas where the development of land may be affected by environmental constraints.’  To ensure that development is compatible with identified environmental values.’

Clause 42.01-2 indicates that a planning permit is required to construct a building or construct or carry out works within the ESO. However, this does not apply if a schedule to the overlay specifically states that a permit is not required.

Schedule 3 stipulates that a permit is not required except where the buildings or works are to be used for accommodation. The proposed works therefore do not require planning approval pursuant to this Overlay.

Figure B-4 Overlay Controls

B.4.3 General and Particular Provisions

Clause 52.17 – Native Vegetation

The purpose of Clause 52.17 ‘Native Vegetation’ is:  ‘To ensure permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. This is achieved through the following approach: - Avoid the removal of native vegetation that makes a significant contribution to Victoria’s biodiversity. - Minimise impacts on Victoria’s biodiversity from the removal of native vegetation. - Where native vegetation is permitted to be removed, ensure that an offset is provided in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made by the native vegetation to be removed.

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 To manage native vegetation to minimise land and water degradation.  To manage native vegetation near buildings to reduce the threat to life and property from bushfire.’

Under the provisions of Clause 52.17-2 a permit is required to remove, destroy or lop native vegetation, including dead native vegetation. Thus, a permit is required for the removal of native vegetation associated with the transmission line infrastructure. Any application must be classified using the risk-based pathways defined in the Permitted clearing of native vegetation – Biodiversity assessment guidelines (DEPI, 2013).

Before deciding on an application, under Clause 52.17-5 consideration must be given to:

 ‘The contribution that native vegetation to be removed makes to Victoria’s biodiversity. This is determined by:

- The extent and condition of the native vegetation.

- The biodiversity value of the native vegetation, including whether the native vegetation is important habitat for rare or threatened species.

 Whether the removal of native vegetation is defined as being in the low, moderate or high risk-based pathway, as defined in the Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) and apply the decision guidelines accordingly’.

Clause 52.17-6 ‘Offset Requirements’ requires the removal of native vegetation to be offset in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines.

Clause 52.29 – Land Adjacent to a Road Zone Category 1

The purpose of Clause 52.29 ‘Land Adjacent to a Road Zone Category 1’ includes:

 ‘To ensure appropriate access to identified roads.’

Under this Clause, a permit is required to create or alter access to a road in a Road Zone, Category 1. While part of the transmission line works will be located in a road reserve adjacent to a Road Zone Category 1, these works will not create or alter access to the road and therefore, do not require a permit under this Clause.

Clause 52.32 – Wind Energy Facility

The purpose of Clause 52.32 ‘Wind Energy Facility’ is:

 ‘To facilitate the establishment and expansion of wind energy facilities, in appropriate locations, with minimal impact on the amenity of the area.’ While no permit is required under this Clause for the proposed tranmission line, the tranmission line is only required to facilitate the operation of the wind energy facility and therefore, general consideration of this Clause is applicable. An assessment of the Project in accordance with the decision guidelines of this Clause is provided at Annex A.

Clause 52.37 – Post Boxes and Dry Stone Walls

The purpose of Clause 52.37 ‘Post Boxes and Dry Stone Walls’ is:  ‘To conserve historic post boxes and dry stone walls.’

A permit is required to demolish, remove or alter a dry stone wall constructed before 1940. This does not apply to:  ‘Dry stone structures other than walls and fences.  The demolition or removal of a section of a dry stone wall to install a gate.  The reconstruction of damaged or collapsing walls which are undertaken to the same specifications and using the same materials as the existing walls.’

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Where possible the existing historic dry walls will be avoided, however where this is not possible, the sections of the dry walls to be demolished will be replaced with gates. Therefore, in accordance with the above, a permit is not required under this Clause.

Clause 62 - Uses, Building, Works, Subdivision and Demolition Not Requiring a Permit

Under the provisions of Clauses 62.01 road works within the FZ are exempt from requiring a planning permit.

Clause 65 – Decision Guidelines

Clause 65 provides additional decision guidelines that the responsible authority must have regard to before deciding on an application.

B.4.4 Summary of Permit Triggers

Table B-1 outlines the permit triggers for the subject site.

Table B-1 Summary of Permit Triggers

Zoning, Overlays and Particular Provisions, as relevant Planning Permit Requirements Transmission Line Farming Zone Permit required for use and development.

Road Zone Category 1 Permit required for use and development.

Special Use Zone 1 Permit required for development.

Clause 52.17 – Native Vegetation Permit required for vegetation removal on private land.

B.5 ASSESSMENT

The overall assessment of the proposal in accordance with the State Planning Policy Framework and Local Planning Policy Framework is contained in the body of this PLUA at Section 7.1 and 7.2. Following is a specific assessment of the transmission line application in relation to the relevant permit triggers.

B.5.1 Compliance with Zone Requirements

The transmission line corridor falls within three zones; the Farming Zone, Road Zone Category 1 and the Special Use Zone, as discussed following.

Farming Zone (FZ)

The key purposes of the FZ pursuant to Clause 35.07 are to provide for and conserve agricultural land and protect and enhance biodiversity. The transmission line has been designed to minimise impacts on the natural environment and agricultural use of the land. The transmission line will comprise overhead wires supported by poles. The Project infrastructure at ground level is therefore, limited to the power poles and access tracks. The majority of the power poles will comprise monopoles with a building footprint of approximately 4m². The poles will be spaced at intervals of approximately 250m. Thus, given the minimal site coverage and nature of the use, consistent with wind farm infrastructure, the proposed transmission line is not expected to compromise existing agricultural activities within and surrounding the corridor. In addition, the proposal will not introduce a sensitive use in the landscape that would conflict with existing agricultural operations.

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The transmission line is required as support infrastructure for the wind farm to enable the connection of the wind energy facility to the existing electricity grid. The transmission line has been designed to make use of existing infrastructure, utilising MOPS to allow connection to the network. The corridor has been sited to utilise the existing road network where possible, with approximately 10km of the line located within the Mortlake-Ararat Road reserve. As such, additional access tracks will not be required in this location to allow for construction of maintenance of the transmission line, thereby minimising impacts the land.

Consideration has been given to the visual impacts of the transmission line. Power poles will be limited to the extent necessary to support the line in order to minimise impact. The transmission line corridor is predominantly clear of significant vegetation and due to the agricultural uses, comprises a modified landscape that can absorb change. The proposal, while visible, will not have any undue impacts on significant views or vistas within the landscape.

In terms of environmental issues, the transmission line infrastructure will be sited to avoid areas of environmental significance and minimise impacts on biodiversity. Flora and Fauna assessments undertaken to date (and included at Volume 2 of the EES) have been based on a conservative layout that will allow flexibility to micro-site power poles and access tracks to avoid and/or minimise impacts to significant flora and fauna. In addition, Project infrastructure will be sited to avoid wetlands where possible and areas of identified cultural sensitivity. Technical assessments, including flora and fauna, geomorphological, ecological, cultural heritage, groundwater and hydrogeological assessments have been undertaken and an EES has been prepared which identifies in greater detail how the proposal manages environmental issues.

In summary, the proposal has been designed to utilise existing infrastructure and given the nature of the utility installation, will not conflict with surrounding agricultural uses and will enable the continued agricultural use of the land. The environmental impacts of the Project have been given detailed consideration through the preparation of the EES and the proposal will not result in any undue impacts on biodiversity. Thus, given the above, it is considered that the proposal complies with the general objectives of the FZ.

Road Zone Category 1 (RDZ1)

The transmission line corridor will cross two declared roads, being Mortlake-Ararat Road and Hamilton Highway, which are defined as within a Road Zone Category 1. Under the provisions of Clause 36.04-3, consideration must be given to the views of the relevant road authority.

The proposal, comprising overhead wires crossing the road, will be designed to ensure no impact to road users, or public safety. Therefore, it is considered that the proposal complies with the objectives of the RDZ1.

Special Use Zone Schedule 1 (SUZ1)

The purpose of Schedule 1 of the Special Use Zone is to facilitate the use of MOPS and ensure the Power Station respects the amenity of the surrounding area. The proposed transmission line will connect the wind farm to MOPS and enable connection to the electricity network. The proposal will not alter the overall use of the Power Station or the existing development and as it is related to electricity generation it fully complies with the purpose of the SUZ1.

B.5.2 Native Vegetation Removal

The proposed transmission line route comprises a mix of indigenous and exotic vegetation. As the detailed design of the transmission line is not yet confirmed, a conservative approach has been undertaken to the vegetation impacts likely as a result of the proposal. An overview vegetation assessment was undertaken of the transmission line corridor as part of the Flora and Fauna Assessment, provided at Annex L of the EES. Refer to this Assessment for full details of

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proposed vegetation removal provided at Section 12.4 and Figures 12-2 to 12-20. The Flora and Fauna Assessment was based on a conservative layout with a disturbance footprint of infrastructure based on 100m² per power pole, located 200m apart with a 5m wide access track underneath the transmission line, except in areas adjacent to a road reserve.

The Project has been designed to avoid and/or minimise native vegetation removal in accordance with Clause 52.17 with power poles and access tracks limited to the extent necessary to support and provide access to the transmission line. However, given the above disturbance footprint, approximately 5ha of remnant native vegetation and 14 scattered trees are likely to be impacted by the proposal. Due to the extent of this removal, referral is required to DELWP.

Offsets will be provided to compensate for this removal. In accordance with Clause 52.17 and the Permitted clearing of native vegetation – Biodiversity assessment guidelines (DEPI, 2013), based on the extent and location of the vegetation to be removed, the proposal has been assessed under the high risk assessment pathway. In accordance with this assessment, a general offset of 0.933 general biodiversity equivalence units is required to offset the 0.594 units lost by the remnant patches and 0.026 units lost from the removal of the scattered trees. This offset must have a minimum strategic biodiversity score of 0.414.

In addition, once the detailed design of the transmission line is confirmed, targeted surveys will be undertaken in areas to be impacted by the poles and tracks and micro-siting will be utilised where possible to further minimise vegetation impacts.

While the proposed vegetation removal is significant, consideration must be given to the overall environmental benefits of the Project. The transmission line will enable the operation of a wind energy facility which is expected, amongst other benefits, to save approximately 770,000 tonnes of greenhouse gasses per annum. At the broad scale, this will be a significant environmental benefit, and specifically to vegetation, the required offsets will ensure that the proposed native vegetation removal is appropriately managed and offset so that no net loss results to Victoria’s biodiversity. The proposal therefore, complies with the general objectives of Clause 52.17.

B.6 CONCLUSION

The above assessment demonstrates compliance with the key planning policies and guidelines specifically relevant to the proposal. Overall, the proposed transmisson line will facilitate the operation of the Dundonnell wind farm which will ultimatley provide significant environmental, social and economic benefits to the State. The proposed utility installation is consistent with the general objectives of the relevent zone controls and the native vegtation removal will be appropriately offset to ensure a postive strategic environmental outcome in accordance with relevent policy requirements.

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Annex C - OFF-SITE SUBSTATION APPLICATION

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C.1 INTRODUCTION

This Report details the proposed off-site substation application required in association with the Dundonnell Wind Farm and should be read in conjunction with the main PLUA.

The proposed substation is required to transform voltage from the 220kV transmission line to the 500kV transmission line (detailed in Annex B) to enable connection to the electricity network at MOPS. The substation will enable the operation of the wind energy facility, which is detailed within the body and specifically, at Annex A of this PLUA.

Specifically, the application seeks approval for:

‘Use and development of a utility installation associated with the off-site substation’.

C.2 SUBJECT SITE

The subject site is located within the southern section of the transmission line corridor (detailed in Annex B) and comprises an area of approximately 200m x 280m. The site is located within a blue gum plantation to the east of the Mortlake Power Station (MOPS).

The location of the substation is relation to the wind farm is shown in Figure 4-2 in the body of this PLUA. Figure C-1 below identifies the subject site in red.

Figure C-1 Subject Site

C.3 PROPOSAL

The proposed off-site substation will transform voltage from the 220kV transmission line to the 500kV transmission line (detailed in Annex B). This is required to enable connection to the Heywood-Moorabool electricity network at MOPS.

An indicative site layout and elevations are shown in Figure C-2.

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Figure C-2 Indicative Site Layout

C.3.1 Substation (Utility Installation)  The off-site substation compound will comprise a fenced enclosure with an area of approximately 200m x 280m.

 The compound will include an office and maintenance facility, car parking area, detention pond and substation infrastructure including conductors and a transformer.

 The substation will transform the voltage of the transmission line from low (220kV) to high (500kV) to enable connection to the existing electricity network.

 The majority of the built form will be less than 10m in height, however some elements will extend to approximately 29m in height.

 Access will be gained via a proposed access track with a width of approximately 20m to the south-east of the compound to Connewarren Lane.

C.4 PLANNING CONTROLS

This Section details the specific Zone and Overlay Controls and Particular Provisions relevant to the proposal. State and local policies relevant to the proposal and other relevant documents and guidelines are discussed in the body of the PLUA.

C.4.1 Zone

Farming Zone (FZ)

The proposed substation is located within the FZ pursuant to Clause 35.07 of the Moyne Planning Scheme.

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The purpose of the FZ is as follows:  ‘To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To provide for the use of land for agriculture.  To encourage the retention of productive agricultural land.  To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture.  To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.  To protect and enhance natural resources and the biodiversity of the area.’

Under the provisions of Clause 35.07-1, a utility installation (other than minor utility installation) is a Section 2 use and therefore, requires a planning permit. The proposed substation will operate in excess of 220kV volts and therefore, is not considered to be minor utility installation.

Pursuant to Clause 35.07-4, a permit is required for buildings and works for a Section 2 (permit required) use. Road works are exempt from requiring planning approval under the FZ pursuant to Clause 62.02.

Clause 35.07-6 outlines the decision guidelines that must be considered by the responsible authority before deciding on an application under the Zone. These generally relate to agricultural impacts, dwelling issues, environmental issues and siting and design issues.

C.4.2 Overlays

Environmental Significance Overlay (ESO)

The proposed substation is located in Schedule 3 of the Environmental Significance Overlay (ESO3) which refers to the ‘Mortlake Power Station Environs’ pursuant to Clause 42.01. This overlay surrounds MOPS to the east and north-east and is shown in Figure 6-2 and Figure C-3.

The purpose of the ESO includes:  ‘To identify areas where the development of land may be affected by environmental constraints.’  To ensure that development is compatible with identified environmental values.’

Clause 42.01-2 indicates that a planning permit is required to construct a building or construct or carry out works within the ESO. However, this does not apply if a schedule to the overlay specifically states that a permit is not required.

Schedule 3 stipulates that a permit is not required except where the buildings or works are to be used for accommodation. The proposed works therefore do not require planning approval pursuant to this Overlay.

Figure C-3 Overlay Controls

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C.4.3 General and Particular Provisions

Clause 52.17 – Native Vegetation

The purpose of Clause 52.17 ‘Native Vegetation’ is:  ‘To ensure permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. This is achieved through the following approach: - Avoid the removal of native vegetation that makes a significant contribution to Victoria’s biodiversity. - Minimise impacts on Victoria’s biodiversity from the removal of native vegetation. - Where native vegetation is permitted to be removed, ensure that an offset is provided in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made by the native vegetation to be removed.  To manage native vegetation to minimise land and water degradation.  To manage native vegetation near buildings to reduce the threat to life and property from bushfire.’

Under the provisions of Clause 52.17-2 a permit is required to remove, destroy or lop native vegetation, including dead native vegetation, unless the table to Clause 52.17-7 states that a permit is not required. Under Clause 52.17-7, planted vegetation is exempt from requiring a permit to remove if:

‘the native vegetation has been planted or grown as a result of direct seeding for Crop raising, Extensive animal husbandry, aesthetic or amenity purposes, including: agroforestry (the simultaneous and substantial production of forest and other agricultural products from the same land unit), shelter belts, woodlots, street trees, gardens or the like.

This exemption does not apply if public funding was provided to assist in planting or managing the native vegetation and the terms of the funding did not anticipate removal or harvesting of the vegetation’.

The Blue Gum plantation has been grown as a result of direct seeding and thus, the proposed removal of vegetation is exempt from requiring a permit under this Clause.

Clause 52.32 – Wind Energy Facility

The purpose of Clause 52.32 ‘Wind Energy Facility’ is:

 ‘To facilitate the establishment and expansion of wind energy facilities, in appropriate locations, with minimal impact on the amenity of the area.’ While no permit is required under this Clause for the proposed substation, the proposal is only required to facilitate the operation of the wind energy facility and therefore, general consideration of this Clause is applicable. An assessment of the Project in accordance with the decision guidelines of this Clause is provided at Annex A.

Clause 62 - Uses, Building, Works, Subdivision and Demolition Not Requiring a Permit

Under the provisions of Clauses 62.01 road works within the FZ are exempt from requiring a planning permit.

Clause 65 – Decision Guidelines

Clause 65 provides additional decision guidelines that the responsible authority must have regard to before deciding on an application.

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C.4.4 Summary of Permit Triggers

Table C-1 outlines the permit triggers for the subject site.

Table C-1 Summary of Permit Triggers

Zoning, Overlays and Particular Provisions, as relevant Planning Permit Requirements Off-site Farming Zone Permit required for use and development. Substation

C.5 ASSESSMENT

The overall assessment of the proposal in accordance with the State Planning Policy Framework and Local Planning Policy Framework is contained in the body of the PLUA at Section 7.1 and 7.2. Following is a specific assessment of the off-site substation application in relation to the relevant permit trigger; the Farming Zone.

C.5.1 Farming Zone (FZ)

The key purposes of the FZ pursuant to Clause 35.07 are to provide for and conserve agricultural land and protect and enhance biodiversity. The proposed substation is located within an existing Blue Gum tree plantation. Given the nature of the development, the site will be cleared of vegetation and the agricultural use of the subject land will cease. The site however, is small in scale and will have little impact on the overall operation of the plantation. The proposed use will not introduce a sensitive use into the landscape and thus, would result in no further conflict with existing agricultural uses.

Like the transmission line, the substation is required as support infrastructure for the wind farm to enable the connection of the wind energy facility to the existing electricity grid. The substation has been conveniently located on the transmission line, close to MOPS, thereby minimising the distance required for the 500kV transmission line and reducing the need for more significant infrastructure to support the higher voltage line.

Consideration has been given to the siting and design of the substation and the visual impacts of the proposal within the surrounds. The substation will not appear visually obtrusive as it will be well screened by existing vegetation, with most views of the proposal from Connewarren lane obscured. Thus, the substation will sit comfortably in its surrounds.

In terms of environmental issues, the substation has been located in an area free from significant environmental constraints. While the proposal will require the removal of vegetation, it will not require the removal of any remnant vegetation. In addition, given the scale of the proposal, it will not result in the displacement of any significant habitat for fauna. The substation has been assessed as part of the transmission line corridor in the technical assessment included at Volume 2 of the EES. These assessments include flora and fauna, geomorphological, ecological, cultural heritage, groundwater and hydrogeological assessments, and have informed the EES which identifies in detail how the proposal manages environmental issues. The environmental impacts of the Project have been given extensive consideration through the preparation of the EES and the proposal will not result in any undue impacts on biodiversity.

In summary, while the substation will result in a minor loss of agricultural land, the loss is minimal and the use and development will not impact the continuation of the surrounding agricultural uses. On a wider scale, the proposal will enable a project that will result in significant environmental benefits to the State and therefore, given the above, it is considered that the proposal complies with the general objectives of the FZ.

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C.6 CONCLUSION

The above assessment demonstrates compliance with the key planning policies and guidelines relevant to the proposal. Overall, the proposed off-site substation will facilitate the operation of the Dundonnell wind farm which will ultimatley provide significant environmental, social and economic benefits to the State.

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Annex D - PRIVATE LAND EXCLUDED FROM PROJECT AREA

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E Legend N

A T065 L Privately owned land excluded from the Project

E

L Wind Farm site boundary (EES) A LAKE D Wind turbine generators R GELLIE E Access tracks N

N

E PM1 PM2 T068 Lot 1 on TP757231

DARLINGTON-NERRIN ROAD DUN02

DARLINGTON-NERRIN ROAD DARCYS LANE

PM3 FASHA MS LANE DOHERTYS LANE

DUN01 Allot. 85A Parish of POST OFFICE LANE Terrinallum

Dundonnell DAWES LANE Enlargement

T082

Lot 1 on TP575737 NE N POST OFFICE LA WOORND OO-DUND ONNELL ROAD DAWES LANE 0 100 200 DUNDONNELL-DERRINALLUM ROAD Meters Enlargement Client: Trustpower Figure D-1 - Indicative Wind Farm Site and Drawing No: 0107773_009G_R0_TP_FigD_1_Site_Bndy_Exc_150701.mxd Privately Owned Land Excluded from the Project Date: 01/07/2015 Drawing Size: A4 Dundonnell Wind Farm Legend Drawn By: ML Reviewed By: DB EES Privately owned land excluded from the Project This figure may be based on third party data or data which has not been Environmental Resources Management ANZ verified by ERM and it may not be to scale. Unless expressly agreed Wind Farm site boundary (EES) otherwise, this figure is intended as a guide only and ERM does not Auckland, Brisbane, Canberra, Christchurch, warrant its accuracy. Melbourne, Newcastle, Perth, Port Macquarie, Sydney

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