Articles filed under Legal from Australia
It''s a wind farm, not a mushroom farm.
Young Tarwin Lower farmer, Stuart Kilsby, told the Supreme Court last week that he was often anxious about going to the farm to work because of the turbine noise which is a constant frustration. The Kilsby farm is now dominated by seven turbines on their neighbours’ land, immediately adjacent to their boundary fence and eight more in close proximity.
The case, being brought by some of the neighbouring landowners, is expected to decide once and for all whether the facility has caused “substantial and unreasonable interference with the use and enjoyment of the land” owned by its neighbouring farmers. ...Not only are the lawyers for the aggrieved landowners seeking aggravated and exemplary damages, to compensate the plaintiffs for their distress and to punish the operators for their alleged wrongdoing, they are also seeking abatement of the noise, potentially involving the shutting down of the facility at night.
Dr Smith’s conclusion was: It is clear from the investigation that noise from the wind farm is audible within residences although there are noise monitoring reports stating that there is compliance by the wind farm with permit conditions and the New Zealand Standard 1998, and with a noise mitigation strategy in place at the wind farm. The noise was clearly audible in Mr Zakula’s dwelling at night time twice and in the Jelbart residence at night time twice and this is held to be unreasonable in both cases.
Land owner says the noise from the turbines near his property has caused sleep deprivation for residents.
Hamish Cumming will continue his fight in the Victorian Court of Appeal on June 15 as he seeks to have the $1.5 billion Golden Plains wind farm, planned for Rokewood northwest of Geelong, revised to about 130 turbines. Mr Cumming said buffer zones around brolga breeding and flocking areas near the Golden Plains wind farm had been applied incorrectly by developer Westwind.
The writ stated BHWF did not assess compliance with the night noise rule of the wind farm’s permit at any time from April 24, 2015 to March 23, 2019, and that night noise exceeded the limit for 10 per cent or more of the time. “Unless restrained by the court, BHWF will continue operating the wind farm in the same or similar manner as it has been operating during the relevant period, and the nuisance will therefore continue,” the writ stated.
The sharp drop in power from the wind farms overloaded demand for power on a transmission line from a neighboring state, which then tripped that link off, cutting the state off from back-up electricity supply. “These alleged failures contributed to the black system event and meant that AEMO (the Australian Energy Market Operator) was not fully informed when responding to system wide failure in South Australia."
The Australian Energy Regulatoralleges subsidiaries of the four companies – AGL Energy, Neoen SA, Pacific Hydro and Tilt Renewables – failed to ensure their windfarms complied with a generator performance standard requirement and had automatic protection systems to ensure continuity of supply. The regulator’s chair, Paula Conboy, said the alleged failures meant the Australian Energy Market Operator was not fully informed when responding to the system-wide failure.
In a statement of claim filed with the Supreme Court in January, the Gardners say 260 of their 400 ultra-fine-wool sheep died after construction on AGL's adjoining Macarthur Wind Farm, near Hamilton in western Victoria, from late 2011 to mid-2012. They allege dust emissions caused by construction of the wind farm were "noxious" and "caused a material injury to the sheep".
Noise from a wind farm in Victoria's Gippsland is having an adverse impact on the comfort and wellbeing of residents living at surrounding properties, a new report commissioned by a local council has found.
Claims have emerged that Mr Saunders was subjected to a terrifying campaign of retribution after giving evidence alleging corruption in approvals for wind farms around Portland. Mr Saunders said his family had been subjected to duress and that he now wants a full investigation in to why he wasn’t protected after speaking out.
“This is basically giving the minister powers to allow for changes without going to a panel hearing,” Ms Kearns said. “We might not even be given an avenue for appeal.” Ms Kearns, she was concerned about wind farms close to people’s homes.
A rule change that allows the Planning Minister Richard Wynne to bypass planning panels and advertisements on amendments to approved wind farms could soon be challenged in the Supreme Court. A group has filed an originating motion with the court over ministerial changes to the Victorian Planning Provisions.
“Last October they rejected the whole thing, now they approve¬ it. What the department has done is to sort of rewrite the whole thing so they can get the result they wanted. It is just playing with words.’’ The PAC noted the wind farm had purchased two properties most affected by the incorrect turbine placement, ruling such purchases had “mostly” mitigated any visual impact on residents.
Developer New Gullen Wind Farm is challenging Planning Minister Pru Goward over the NSW Planning and Assessment Commission's (PAC) refusal last October of a modified development application. The DA sought to confirm the location of 69 turbines, previously found by the Department to have been incorrectly placed.
"The application, if approved, would have significant visual impact on non-associated residences and the proposed vegetation screening would not be able to mitigate the impact on all affected residences to an acceptable level," the decision said.
Legal action has been launched against the company behind a wind farm near Crookwell over turbines built in the wrong locations. Earlier this year, the NSW Department of Planning and Environment said it had become aware that 69 of the 73 turbines at the Gullen Range Wind Farm had not been built in approved locations.
The No Tas Wind Farm group claims Hydro Tasmania did not have broad community support for its $2 billion project and it should not go ahead.
Hamish Cumming, a mechanical engineer and farmer whose Darlington property is near two other proposed wind farm projects, alleges incorrect information about the brolgas flocking and nesting near Chepstowe and Mt Gellibrand was knowingly provided to and accepted by the Department of Sustainability and Environment (now Department of Environment and Primary Industries), with staff gagged if they expressed concern.