Frequently asked questions
What is a SAT review?
A SAT review of a development application refers to the process where an applicant makes an application to the State Administrative Tribunal (SAT) to review a planning decision. In this case, the applicant has applied to the SAT for a review of conditions 1, 4(f), 8, 9, 11, 12, 13, 17 and 20 of the WAPC’s decision dated 19 April 2024, to grant the existing wind farm a conditional approval under Part 17 of the Planning and Development Act 2005.
Which conditions of the original decision are under review?
While the applicant has also requested administrative changes to conditions 1, 9, 11, 17 and 20, the conditions central to this review are as follows:
Condition | Proposed amendment to condition |
Condition 4f): All development is to be constructed in accordance with the approved plans (date stamped 24 April 2023) attached to this approval, subject to any modifications required to meet the following requirements:
f) Wind turbine towers are to be fitted with radar-activated lighting (200 candela minimum) that will only activate when an aircraft is detected in close proximity to a wind turbine.
| The applicant is requesting a longer timeframe for compliance, having a 2-year interim period to implement a trial of radar-activated lighting prior to fully commissioning the technology on all 18 turbines. |
Condition 8: Within 90 days of the commencement of operations, an Operational Management Plan is to be submitted to the satisfaction of the Western Australian Planning Commission, on advice from the Shire of Kojonup and the Shire of Broomehill-Tambellup, which includes but is not limited to the following: a) Details of a suitable arrangement with nearby landowners to enable aerial spraying to be undertaken on any areas of land that cannot be accessed by conventional fixed wing aircraft; b) Details of a suitable arrangement with nearby landowners to facilitate the construction of dwellings on neighbouring land; c) A maintenance program of all wind turbine components; d) Reporting any bird strikes; e) Public liability and any other insurance necessary to cover any damage to public land or neighbouring properties caused by wind turbines and supporting infrastructure; f) A process to manage and respond to any complaints related to wind farm operations; g) The management of any biosecurity risks; and h) Provisions to the review of the Operational and Management Plan every two years.
| The applicant proposes a management plan, for approval as part of the reconsideration. The amended condition sought would therefore refer to compliance with an approved Operational Management Plan. This interrelates with amended wording of condition 9.
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Condition 12: Within 90 days of commencement of operations, a final acoustic report is to be submitted to the satisfaction of the Western Australian Planning Commission on the advice of the Shire of Kojonup, the Shire of Broomehill-Tambellup and the Environmental Noise Branch of the Department of Water and Environmental Regulation. The final acoustic report is to be prepared by an independent suitably qualified person and include the following: a) Post-commissioning testing which demonstrates compliance with the Environmental Protection (Noise) Regulations 1997, including testing at existing dwellings, based upon the testing procedures and analysis contained in the South Australian EPA Wind Farms Environmental Noise Guidelines; b) Measures and/or procedures to address any areas of non-compliance with the assigned noise levels specified in the Environmental Protection (Noise) Regulations 1997; and c) An annual noise monitoring program that demonstrates the wind farm is operating in compliance with the Environmental Protection (Noise) Regulations 1997 in a range of wind conditions and at different times of the day and night. d) Annual noise monitoring data shall be published and made publicly available.
| The applicant seeks deletion of this condition, with ongoing noise management proposed in the Operational Management Plan, with the exception of additional noise testing. |
Condition 13: Within twelve (12) months of the notice of development approval being issued, certification shall be provided by a suitably qualified person which demonstrates that any measures identified in Condition 12 (c) have been implemented in full to the satisfaction of the Western Australian Planning Commission, on advice from the Shire of Kojonup, the Shire of Broomehill-Tambellup and the Department of Water and Environmental Regulation. | The applicant seeks deletion of this condition, in line with deletion of condition 12. |
Further details of the proposal can be found in the Applicant’s reconsideration package on the consultation home page.
In which local government area is this proposed development located?
The wind farm straddles the boundary of the Shire of Broomehill-Tambellup and the Shire of Kojonup.
Are there any changes to the location or design of any wind turbine infrastructure in the Part 17 application compared with the existing approved Flat Rocks Wind Farm?
No, all 18 turbines and associated infrastructure are constructed and operating.
Read more about consultation in the Part 17 Significant Development Pathway FAQ.
What is the status of the existing approvals for the Flat Rocks Wind Farm?
The Flat Rocks Wind Farm is still operating under previous approvals from the Shire of Kojonup and the Regional Joint Development Assessment Panel. In retrospectively approving the wind farm under Part 17 of the Planning and Development Act 2005, the WAPC included condition 1, for the applicant to notify the WAPC if it were to act under its approval. This condition provides certainty for future compliance as multiple development approvals can be obtained over the land. While the SAT application remains ongoing, the applicant has ‘stayed’ the timing for compliance with this condition under s. 25 of the State Administrative Tribunal Act 2004.
I made a submission to the Shire of Kojonup and/or Shire of Broomehill-Tambellup on previously advertised proposals for the Flat Rocks Wind Farm. Do I need to make another submission?
Yes, you will need to make a new submission. Submissions that have been made on previous wind farm applications to the shires of Kojonup or Broomehill-Tambellup are unable to be considered by the WAPC.
I made a submission to the WAPC on the previously advertised Part 17 proposal for the Flat Rocks Wind Farm. Do I need to make another submission?
While officers may direct the WAPC to previous comments made on the original proposal, public submissions are encouraged to target the proposed amendments to conditions, to inform the WAPC’s reconsideration.
Will my submission or personal details be released to the public?
No. The key matters arising from public consultation will be summarised in the report to the WAPC, however individual names and addresses will not be published.
How is the proposal for reconsideration assessed and who decides about whether it will be approved?
The Department of Planning, Lands and Heritage (Department) will prepare a report for the WAPC on the outcomes of consultation and an assessment of the revised proposal. This assessment will consider the merits of the existing conditions and whether they should be amended, based on the applicant’s revised proposal. The reconsideration will largely address ongoing noise obligations and management of other offsite impacts such as visual amenity (aviation lighting) and agricultural operations. The report will either recommend that the WAPC’s original decision be affirmed, varied or set aside and substituted with a new decision.
When will this reconsideration be determined?
In inviting the WAPC to reconsider its decision, the SAT has requested it be made on or before 28 July 2026. The proposal will therefore be presented to a WAPC meeting before this date.
A meeting for the WAPC to reconsider conditions of approval will then be scheduled. Once a meeting date is confirmed, any person who made a submission will be advised and can attend the meeting in person or via video link. They can also apply to make a presentation (deputation) to the WAPC. As per the SAT’s orders, the WAPC is required to make the decision by 9 October 2026.
Where can I get more information?
While public advertising is open, the review documents can be viewed online on this page or in person at the Department of Planning, Lands and Heritage, Level 2, 140 William Street, Perth (by appointment). Please contact planningappeals@dplh.wa.gov.au or 6551 9656 for an appointment, or if you need any assistance with submitting your feedback.
The documents can also be viewed at the administration centres of the shires of Kojonup and Broomehill-Tambellup.
Will I be advised about the outcome of the review?
If you agree to be contacted when you make your online submission, you will be notified of the outcome.