Protecting Our Night Sky: Court‑Approved Safeguards
The NSW Land and Environment Court has issued a new, court‑approved consent for the Hydrostor Silver City Energy Storage System (Hydrostor SCES), strengthening protections for Broken Hill’s night sky, tourism experience, and local amenity. The updated conditions introduce clearer safeguards for lighting and noise, require real‑world monitoring at Outback Astronomy, and ensure ongoing consultation throughout construction and operation. These changes create a more transparent, accountable framework that supports both regional development and the long‑term preservation of our dark‑sky environment.
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Strengthened protections for our night sky and tourism experience
Following our Class 1 merit appeal in the NSW Land and Environment Court, the approval for the Hydrostor SCES has been replaced with a new, court-endorsed consent conditions agreed during conciliation conferencing.
Link to conditions of consent
Link to Court Judgement
Link to Comparison of original to the new consent conditions
This process has delivered real and meaningful changes for Outback Astronomy, our guests and the broader tourism experience in Broken Hill.
In the new consent conditions, the substantive changes are identified in A5, new A5A, A6, B24, new B25A, B32, new B32A and B48.
The big picture
We did seek strong conditions to protect us against key impacts from noise and light during construction and operations as the Hydrostor SCES is close to us at 1.13km. As a result of the court upholding our appeal, the Hydrostor SCES is now subject to stronger, enforceable conditions that require:
- Monitoring of real-world noise and lighting impacts
- Ongoing consultation with us
- Greater transparency and accountability
- Stricter controls on construction and operational impacts
Most importantly:
- Outback Astronomy is now formally recognised in the consent as “Receiver R2”
- This gives us a defined and ongoing role in how impacts are managed
The court-approved consent has acknowledged that impacts on our business cannot simply be predicted; they must be measured and managed in reality. For Outback Astronomy, this created a clear pathway to remain actively involved throughout the life of the project including:
- During the 3-year construction phase
- Across the 50-year operational life of the facility
During ~3 years of construction
Construction is expected to be the most intensive phase.
Noise – Strengthened protections
- Noise must be monitored at our location
- We must receive noise data every 3 months
- A Construction Noise and Vibration Management Plan must be:
- prepared in consultation with us
- implemented throughout construction
This means:
We can assess actual noise impacts at our site and respond based on real data.
Light – Strengthened lighting protections
For the first time, lighting is tightly controlled and monitored.
A Construction Light Management Plan must:
- Be prepared in consultation with us
- Provide advance notice of night-time works
- Include a lighting monitoring program at our site
- Provide lighting data directly to us
Construction lighting must also:
- Be shielded and directed downward
- Minimise light spill and glare
- Comply with Australian Standard AS4282 (control of obtrusive lighting)
What this means during construction
We now have:
- Visibility of upcoming impacts
- Access to real monitoring data
- A role in how impacts are managed
This allows us to:
- Prepare for high-impact periods
- Track actual effects on our sky shows
- Raise concerns supported by evidence
During 50 years of operations
The operational of the Hydrostor SCES phase is long-term and ongoing.
Noise – Ongoing compliance and monitoring
The project must:
- Meet strict noise limits under the NSW Noise Policy for Industry
- Undertake ongoing monitoring, including:
- 12 months after start
- 36 months after start
- after major upgrades (‘turbine/generator/compressor trains’)
Monitoring must include:
- Day, evening, and night
- Conditions representing worst-case scenarios
Light – Long-term lighting controls
Operational lighting must now meet strict technical requirements:
- Low intensity
- Warm colour temperature (≤3000K)
- Fully shielded and downward facing
- Designed to minimise spill, glare, and sky glow
- Use of modern, programmable lighting systems
What this means during operations
- Lighting impacts are controlled through the implementation of a significantly improved lighting design
- Noise impacts are checked over time
- We remain a recognised stakeholder
If issues arise:
There is now a framework to investigate, measure, and respond.
A critical safeguard
Before construction can begin, the project must:
- Confirm that the Flying Doctor development approval has lapsed, or
- Formally surrender that approval
This creates an important pre-construction checkpoint.
This acknowledges that the location of the SCES surface facility is on the Flying Doctor deposit – that we identified and argued had a development consent that had lapsed, contrary to what was in the EIS.
How the new consent differs from the original approval
Before the Appeal:
- Impacts were predicted and assumed acceptable
After the Appeal:
- Impacts must be measured, monitored, and managed
What this means for our guests
We remain committed to delivering:
- High-quality stargazing experiences
- Authentic dark-sky viewing conditions
- A unique and memorable experience in Broken Hill
This outcome helps ensure that:
Our night sky – and your experience of it – is protected through accountability and evidence
A balanced outcome
We acknowledge that major infrastructure projects are part of the future of regional Australia.
However, this outcome ensures that impacts on existing businesses, including tourism operators relying on dark skies and quiet environments, are
- Measured
- Monitored
- Managed, and
- Not simply assumed
Our approach going forward
We will:
- Work constructively within the new consent framework
- Monitor impacts carefully
- Advocate where needed using real data
Our goal is simple:
To ensure Outback Astronomy continues to thrive alongside any future development in the region.
FAQ - Frequently Asked Questions
The Hydrostor Silver City Energy Storage System (SCES) is a proposed compressed‑air energy storage facility located near Broken Hill.
We participated to ensure that lighting and noise impacts from the Hydrostor SCES were properly assessed, monitored, and managed. Our goal was to protect the night sky and the tourism experience that relies on it.
The NSW Land and Environment Court introduced stronger safeguards for lighting, noise, and monitoring. These include real‑world measurement at our site, ongoing consultation, and clearer requirements for construction and operational lighting.
Hydrostor must prepare a Construction Light Management Plan in consultation with us. It must include advance notice of night‑time works, a lighting monitoring program at our site, and measures to minimise spill, glare, and sky glow.
Noise must be monitored at Outback Astronomy during construction, with data provided to us every three months. During operations, the project must meet strict NSW Noise Policy for Industry limits and undertake periodic monitoring.
The strengthened consent conditions help protect the quality of our night sky and ensure that any impacts are measured, transparent, and managed. Our goal is to continue delivering high‑quality stargazing experiences for visitors.
Yes. The consent formally recognises Outback Astronomy as a receiver location, giving us an ongoing role in monitoring and consultation throughout construction and the 50‑year operational life of the facility.
