Follow up I contacted my State member and his reply shows clearly how there is no concrete mechanism that compels an operator to rehabilitate a site post use . The closest it comes is a sentence that says the rehabilitation agreement SHOULD be reflected in the agreement with the landholder...wow that should work For your information, I’ve included the below except from NSW Planning’s Large-Scale Solar Energy Guidelines 2022 planning document. This may assist in answering your question:In most circumstances, the refurbishment of solar panels and infrastructure will not require a new DA or a modification to the existing consent, as refurbishment may be authorised by the terms of the existing consent. Alternatively, an applicant may choose to cease operation of a large-scale solar energy project and decommission and rehabilitate the project site. Decommissioning involves dismantling and removing solar panels, structures and ancillary infrastructure (cables, inverters, fencing) from the site and recycling, reusing or disposing materials and waste products, and returning the site to its pre-existing use and LSC Class. It also involves disconnecting the development from the electricity network. The owner or operator of a solar energy project should be responsible for decommissioning and rehabilitation, and this should be reflected in a host agreement with the landholder. This agreement may also prescribe assurances to fund decommissioning, including ongoing evidence that the applicant has the capacity to fund decommissioning activities. If an applicant or landholder fails to meet the decommissioning and rehabilitation obligations prescribed by the relevant development consent, the department can use its enforcement powers under the EP&A Act to address any breaches of the consent conditions.I’ve also taken the following excerpt from NSW Planning’s Wind Energy Guidelines document:The NSW Government’s policy is that a wind energy project owner or operator, and not the ‘host’ landholder, should be responsible for decommissioning and rehabilitation at the end of life of a wind energy project or a particular turbine. Proponents must identify and address all relevant issues for decommissioning and rehabilitation in their project EIS, and include a commitment that the operator will be responsible for decommissioning and rehabilitation.
