Cr Sampson has tabled a notice of motion for council to pause approvals and withdraw support for renewable energy developments until “either the NSW Government introduces a security deposit system for decommissioning and rehabilitation, or project owners contribute to a dedicated fund to return land to pre‑construction condition”.
The motion also proposed replacing the term ‘renewable energy’ with ‘alternate energy’ in council documents.
Council officers have advised that council cannot legally pause approvals, as most projects in the region fall under the NSW Government’s State Significant Development (SSD) framework.
This means applications are assessed and determined by the Department of Planning, Housing and Infrastructure or the Independent Planning Commission, not local government.
Due to the advice received so far, Cr Sampson and other councillors voted to defer the debate for a future meeting.
This would allow for councillors to consider the advice from staff, and research the topic further.
Edward River Council sits within the South West Renewable Energy Zone, which includes major transmission projects and four large‑scale wind, solar and battery developments expected to add 3.56 gigawatts of generation capacity and attract $17.8 billion in private investment.
Several additional projects, including the Deniliquin Battery Energy Storage System (BESS), Deniliquin East BESS and Hogans Lane Solar Farm, are also progressing within the LGA.
“Council’s position has been in support of the projects, including the adoption of Renewable Energy Position Statements, subject to working closely with the projects to ensure Edward River Council enjoys the full spectrum of economic benefits the energy projects will bring,” the report to council said.
“Council has begun to see the benefit of these projects with proponents entering into Voluntary Planning Agreements that will see millions of dollars invested into the community and key infrastructure via the established Community and Employment Benefit Program over the life of these projects.
“These investments present immense opportunity for the Edward River Council community.”
The report stated that pausing approvals would not only be outside council’s legal authority, but could also expose council to governance, reputational and legal risks, including potential action in the Land and Environment Court.
Council’s role in SSD projects is limited to providing input and feedback as a submission maker on proposals, including conditions of consent, at the exhibition, response to submissions and conditions of consent prior to determination stages.
The report also noted that decommissioning and rehabilitation requirements are already enforced through conditions of consent on SSD projects, with responsibility placed on the project proponent rather than the landholder.
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