Part 1Preliminary1Short titleThis regulation may be cited as the Planning (Battery Storage Facilities) and Other Legislation Amendment Regulation 2025.2CommencementThis regulation commences on 12 December 2025.Part 2Amendment of Economic Development Regulation 20233Regulation amendedThis part amends the Economic Development Regulation 2023.4Amendment of s 2C (PDA accepted development—Act, s 33)Section 2C—insert—

(c)a material change of use of premises for a battery storage facility as defined under the Planning Regulation 2017.

Part 3Amendment of Planning Regulation 20175Regulation amendedThis part amends the Planning Regulation 2017.6Amendment of s 21 (Assessment manager for development applications—Act, s 48)(1)Section 21—insert—(4A)For a development application for—

(a)a material change of use of premises for a battery storage facility that is assessable development under schedule 10, part 2, division 1 and no other assessable development, the assessment manager is the chief executive; or

(b)a material change of use of premises for a battery storage facility that is assessable development under schedule 10, part 2, division 1 and other assessable development—

(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or

(ii)otherwise—the assessment manager is the entity decided by the Minister.

(2)Section 21(5), ‘subsection (2), (3) or (4)’—omit, insert—any of subsections (2) to (5)(3)Section 21(4A) to (6)—renumber as section 21(5) to (7).7Amendment of s 51F (Development requiring social impact assessment—Act, s 106T)Section 51F—insert—

(c)a material change of use of premises for a battery storage facility that has a maximum instantaneous electricity output of 50MW or more.

8Amendment of pt 5B, div 2, hdg (Pre-existing applications)Part 5B, division 2, heading, after ‘applications’—insert—relating to solar farms and wind farms9Amendment of ss 51G–51I Sections 51G(1), 51H(1) and 51I(2)(a), ‘section 51F’—omit, insert—section 51F(a) and (b)10Insertion of new pt 5B, div 2APart 5B—insert—Division 2APre-existing applications relating to battery storage facilities51IA Process for administering pre-existing applications relating to battery storage facilities—Act, s 106U(1)For section 106U of the Act, this section provides for the effect of the enactment of section 51F(c) on the process for administering the following applications (each a pre-existing application)—

(a)a development application for development mentioned in section 51F(c) that was made, but not decided, before 12 December 2025;

(b)a change application relating to development mentioned in section 51F(c) that was made, but not decided, before 12 December 2025.

(2)For this section, an application is a pre-existing application even if the application is also for, or relates to, development other than development mentioned in section 51F(c).(3)On the commencement of section 51F(c)—

(a)if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act; or

(b)if the pre-existing application is a change application that has been accepted under section 79(4) of the Act—the application is taken not to have been accepted under section 79(4) of the Act.

(4)This section does not apply in relation to a change application for a minor change to a development approval.11Amendment of sch 7 (Accepted development)Schedule 7, after section 15—insert—16Particular development for battery storage facilityDevelopment to which schedule 6, section 26(6) applies.12Amendment of sch 10 (Development assessment)Schedule 10—insert—Part 2Battery storage facilitiesDivision 1Assessable development2Assessable development—material change of use for battery storage facilityA material change of use of premises for a battery storage facility is assessable development, unless the material change of use is accepted development under schedule 7, section 16.Division 2Assessment by assessment managerTable 1—Assessable development under s 2Column 1Column 21Category of assessmentImpact assessment2Assessment benchmarksIf the chief executive is the prescribed assessment manager—the State development assessment provisionsIf the development is in a priority development area and the chief executive is the prescribed assessment manager—the relevant development instrument under the Economic Development Act for the priority development area3Matters code assessment must have regard to—4Matters impact assessment must have regard to—5Fee for development application, if the chief executive is the assessment manager13,715 fee unitsDivision 3Referral agency’s assessmentTable 1—Assessable development under s 2Column 1Column 21Development application requiring referralDevelopment application for a material change of use of premises that is assessable development under section 2, if the chief executive is not the assessment manager for the application2Referral agencyThe chief executive3Limitations on referral agency’s powers—4Matters referral agency’s assessment must be againstThe State development assessment provisionsIf the development is in a priority development area—the relevant development instrument under the Economic Development Act for the priority development area5Matters referral agency’s assessment must have regard to—6Matters referral agency’s assessment may be against—7Matters referral agency’s assessment may have regard to—8Fee for referralThe fee that would be payable to the chief executive if the chief executive were the assessment manager13Amendment of sch 24 (Dictionary)(1)Schedule 24, definition pre-existing application—omit, insert—pre-existing application, for part 5B, division 2, see section 51G.(2)Schedule 24, definition State development assessment provisions, ‘28 November 2025’—omit, insert—12 December 2025