A condition calling for the turbines to be shut down during the birds’ migratory season was dismissed as “not reasonable or necessary”. (Supplied: Dejan Stojanovic)
Tasmania’s planning tribunal has thrown out a project-killing condition imposed on a hotly-debated wind farm proposal off the state’s north-west coast.
More than 20 years in the making, the 100-turbine wind farm planned for Robbins Island was spun off course in December last year by what proponents said was a “completely unexpected” decision from Tasmania’s Environment Protection Authority, which approved the project on the condition it remained shut down for five months each year.
That was to protect the critically endangered orange-bellied parrot.
There are an estimated 77 adult orange-bellied parrots left in the wild and Robbins Island sits in what is understood to be the bird’s annual migration path between Victoria and Tasmania.
The Tasmanian Civil and Administrative Tribunal (TASCAT) on Monday handed down its 102-page decision on six separate appeals lodged by the proponents, environmental groups and community members.
It dismissed five appeals by parties opposing the wind farm but upheld appeals by the proponent, energy company ACEN Australia.
“Our view is that condition FF6 [relating to shutting down the wind farm] is not proportionate to the risk and not reasonable or necessary,” the tribunal decision read.
“The condition has the same effect as a refusal in the sense that the proposal will not proceed if it is required to shut down for five months per year.”
ACEN Australia managing director David Pollington said he was “very pleased” at the news and said ACEN had been able to show that there was “no evidence” to support that the birds were actually using the area where the turbines would be located.
“This project … will really help Tassie reach its [renewable energy target], and provide cheap, renewable energy that enables development of other new industries in Tasmania,” he said.
‘Gutted’ opposition to regroup
However, the good news for the developers has left some of the remaining appellants “gutted” by what they say is a”disgusting, anti-environmental decision”.
“They should be ashamed of themselves. Every one of them … the evidence was before them. They’ve rejected it. That’s on their own consciences,” veteran environment campaigner Bob Brown said.
“This is a disastrous decision for Australia’s rare and endangered wildlife.”
Bob Brown Foundation campaigner Scott Jordan added that the birds would be “slaughtered” by the blades, which would be in “the worst possible place”.
The Circular Head Coastal Awareness Network, a community group formed in direct opposition to the wind farm, also made an appeal that was overturned.
“I’m extremely disappointed … the whole group will be gutted by this,” network chair Steven Pilkington said.
“We’ll wait for the legal advice and see whether we want to take it further.”
Appeal being considered
TASCAT flagged in its decision that the original permit issued by the council should be varied to reflect new conditions.
It has given the parties a schedule through until December 18 for any further submissions relating to the planning permit.
The proposal will also need to be assessed at a federal level.
Mr Pollington said he would be surprised if the development, which has already cost about $20 million so far, made it to the Supreme Court.
“I’m very confident that we’ll proceed through … Robbins Island is one of the best wind resources in the world … I’m very confident we’ll get there.”
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