ACEN Australia, North East Wind Development Major Project, Waterhouse and Rushy Lagoon

Current Stage

Assessment Commenced

Proposal Details

Client: ACEN Australia

Premises: Waterhouse and Rushy Lagoon

Activity: Wind farm

Class of Assessment:

Important Dates

Assessment Commenced: 18/8/2022

​Note: Class of Assessment is not applicable under the Major Project process.​​​​
Status: Final Assessment Criteria and EPA Board Guidance Issued, Awaiting Major Project Impact Statement

​​The Proposal

This project has been declared a Major Project under the Land Use Planning and Approvals Act 1993 (LUPAA), resulting in the Board of Environment Protection Authority (the EPA Board) becoming one of several ‘relevant regulators’ for the project.  The proposal constitutes construction and operation of a large scale wind project across two sites in the Dorset municipality in North East Tasmania.​​​

​The project proposal can be viewed at: North East Wind – assessment criteria – Tasmanian Planning Commission Website 

The Tasmanian Planning Commission oversees the assessment process and has appointed a Development Assessment Panel to assess and determine the project as a whole. However, the EPA Board is required by section 60ZC of LUPAA to undertake an Environmental Impact Assessment (EIA) of the project in accordance with the EIA principles set out in section 74 of the Environmental Management and Pollution Control Act 1994 (EMPCA) as modified by section 60ZC(9) of LUPAA.

The project has been determined to be a controlled action under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (EPBC reference number 2022/09388) on the grounds that it is likely to have, a significant impact on the following matters of national environmental significance:

  • Ramsar wetland (sections 16 and 17B);

  • Listed threatened species and communities (sections 18 and 18A);

  • Listed migratory species (sections 29 and 20A); and

  • Commonwealth marine areas (sections 23 and 24A).

As a controlled action the proposal requires assessment and approval by the Commonwealth Environment Minister before it can proceed.

​Assessment Requirement Notice Issued by the EPA Director

On 14 September 2022, the EPA Director issued an Assessment Requirement Notice on behalf the EPA Board, becoming a 'participating regulator' for the proposal.

 North East Wind - EPA Assessment Requirement Notice (PDF 386Kb)

Assessment Criteria Issued by the Development Assessment Panel

The Development Assessment Panel published Draft Assessment Criteria on 26 June 2023, which were publicly exhibited until 10 July 2023.

On 6 July 2023, the EPA submitted a Representation in relation to the Draft Assessment Criteria under section 60ZL(2) of LUPAA.

 North East Wind - EPA Representation (PDF 347Kb)

The Development Assessment Panel then determined the Final Assessment Criteria in accordance with section 60ZM of LUPAA on 18 August 2023.

The Assessment Criteria can be viewed at: North East Wind – assessment criteria – Tasmanian Planning Commission Website

Guidance Issued by the EPA Board

On 24 July 2023, the EPA Board issued an Alteration Notice requesting alterations to the Assessment Requirement Notice that was issued on 14 September 2022. In accordance with section 60ZC of LUPAA, the Assessment Requirement Notice, as altered by the Alteration Notice is taken to be the Guidance that the EPA Board has provided to ACEN Australia for the purposes of section 74(4) of EMPCA. The EPA Board's Guidance indicates what information the EPA Board requires ACEN Australia to provide in the Major Project Impact Statement in order for the EPA Board to properly undertake the EIA of the proposal.

 North East Wind - EPA Board Guidance (PDF 587Kb)