Articles filed under Legal from Australia

Supreme Court upholds Council decision; Bald Hills wind farm loses its appeal

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. 
27 Aug 2020

Birdwatcher's vow: I will take wind farm fight to high court

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.
27 May 2020

New wind farm legal stoush blows up

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.
11 Feb 2020

Australian watchdog sues four wind farm operators over 2016 blackout

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."
7 Aug 2019

Windfarm operators taken to court over South Australian blackout

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.
7 Aug 2019

Award-winning sheep farmers sue AGL over wind farm construction

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".
30 Jun 2019

Portland wind farm rift between families before Nathan Lovett-Murray’s uncle died, correspondence shows

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.
28 Apr 2016

Wind farm court challenge

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. 
19 Apr 2016

Gullen Range Wind Farm wins right to keep turbines which were too close to homes

“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.
17 Sep 2015

Bird data ‘went missing’ during wind farm probe

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.
20 Jan 2014

Renewable energy target faces delay amid calls for Abbott to scrap policy

Australia could delay its mandated target for renewable energy use in a compromise option being considered by the Abbott government as it faces growing internal demands to scrap the policy completely. ...The prime minister, Tony Abbott, signalled before Christmas that the target could be wound back or the scheme scrapped, saying lower power prices are the government’s primary goal and the rationale for the RET no longer exists.
8 Jan 2014

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