Court approves controversial $500m battery project near Bouldercombe
A controversial Battery Energy Storage System is set to go ahead despite a small Central Qld community’s concerns, after a decision in the Planning and Environment Court.
The controversial Central BESS (Battery Energy Storage System) project near Bouldercombe is set to go ahead after a judgment in the Planning and Environment Court was handed down.
Judge Nicole Kefford made her judgment following an appeal by renewable energy company ACEnergy against the 2024 decision by Rockhampton Regional Council to refuse the 500MW development on the outskirts of the small town.
Judge Kefford’s decision was made with council’s consent because council was satisfied with the conditions negotiated.
She spoke to those local residents, who were co-respondents by election, over the phone during the hearing.
The original council refusal is now set aside and replaced with a decision approving an amended development application subject to numerous conditions contained in a 390-page court document.
The court stated that the operational life of The Central BESS was now 24 years from the date of the approval after which the development must be decommissioned and the site rehabilitated to the conditions of the approval.
One of the main concerns for the people of Bouldercombe with The Central BESS was the risk from bushfires following the 2023 fire involving Tesla Megapack units at the nearby Genex facility.
Five fire crews rushed to the blaze and the battery fire was allowed to smoulder for days until it burnt out.
Firefighters were forced to remain nearby monitoring it rather than putting it out.
There were numerous conditions related to fire risk and prevention in the court appeal decision, including that the perimeter fencing, landscaping and external fire trail must be amended to ensure that at the corners of the facility, the fire trail has curves with a minimum inner radius.
A 576kL water storage tank for firefighting purposes must be provided, prior to commencement of the use, in accordance with the recommendations in the approved Bushfire Risk Assessment, firefighting protection must be certified by a hydraulic consultant, and a water storage must be easily accessible having regard to pedestrian and vehicular access.
Other conditions involve reconfiguring the internal layout of the battery energy storage units within the development site to account for an internal fire break between the electrical equipment (battery energy storage units) and the perimeter fencing of a width between 24m and 29m, while still maintaining a 6m separation distance between these battery container groups to provide for internal access tracks to accommodate firefighting vehicles.
Provision was ordered for a wider and more varied vegetation buffer around the perimeter fencing of the facility, with buffer planting widths increasing from 4m on the northern, eastern and western boundaries and 8 metres on the southern boundary to a varying 6m to 8m wide buffer around the full perimeter, to allow for more overlap between tree planting.
Each battery container, all acoustic barriers and all associated buildings and infrastructure (including switch rooms, inverters and ancillary structures) must be constructed from non-reflective materials wherever applicable.
Each battery container and all acoustic barriers must be finished in a muted, low contrast natural green colour that blends with the surrounding landscape and to the satisfaction of council.
Prior to lodging any application for a development permit for operational works, council must approve an Emergency Management Plan (EMP), Fire Risk Management Plan (FRMP), Fire Safety Study (FSS), consult with the Queensland Fire Department (QFD) and local fire authorities in relation to the contents of the EMP, FRMP and FSS and incorporate any written advice from QFD and local fire authorities within the plans.
Prior to the installation of the battery units, the dedicated firefighting water supply and fire hydrants, internal separation distances, external fire trail and bio/detention basin, as required by the approved documents and plans, must be implemented and commissioned.
The dedicated firefighting water supply and fire hydrants will be implemented and enabled by temporary power supply.
Prior to the commencement of use, all other fire protection measures required by the EMP, FRMP and FSS approved by Council under approved conditions must be implemented and commissioned.
The judgment ruled that each party would bear their own court costs.
