TASCAT ruling and EPA policy threaten wind farm

A landmark ruling by the Tasmanian Civil and Administrative Tribunal (TASCAT) and a subsequent update to the Environmental Protection Authority (EPA) Wind Farm Noise Policy have created a significant hurdle for the proposed St Patricks Plains Wind Farm.

The No Turbine Action Group (NTAG), a community group opposing the project, welcomes these developments, asserting they effectively uphold strict noise regulations that the wind farm cannot possibly meet. The group’s chair, David Ridley, believes that the new conditions and policies will make it easier for nearby residents to file lawsuits for nuisance noise, ultimately forcing developer Korea Zinc to completely rethink or abandon the project. This has turned the focus from preventing the wind farm to ensuring compliance and potential litigation.

Landmark noise ruling casts doubt over St Patricks Plains Wind Farm

The No Turbine Action Group (NTAG Inc), a Central Highlands community group says it welcomes the Tasmanian Civil and Administrative Tribunal’s (TASCAT) decision to maintain onerous wind farm noise requirements.

This has led to a new EPA Wind Farm Noise Policy, has opened the path to easier litigation by neighbours for nuisance noise, and is forcing a rethink of St Patricks Plains Wind Farm.

TASCAT has upheld strict noise conditions placing Korea Zinc’s proposed St Patricks Plains Wind Farm under serious pressure. The ruling:

• Maintains onerous noise requirements for St Patricks Plains Wind Farm.
• Has been complemented by an updated Policy on Wind Farm Noise by EPA Tasmania that helps with litigation by neighbours for nuisance noise; and
• Forces a fundamental rethink of the St Patricks Plains project.

“The TASCAT decision and the updated EPA Noise Policy put into practice what NTAG put forward during the appeal,” NTAG Chair David Ridley said.

“Intermittent nuisance noise must be properly measured, and communities and neighbours have the right to uninterrupted sleep and protection from intrusive turbine noise. The TASCAT decision and the updated EPA noise policy allow this to happen.”

Major setback for Korea Zinc

A year ago, the project was approved with conditions. Korea Zinc appealed, seeking weaker noise limits and the noise measurement method to be based on the New Zealand Noise Standard. NTAG appealed for stronger protections. The Tasmanian EPA’s view was for their noise conditions to be maintained.

TASCAT rejected Korea Zinc’s bid, confirming the EPA’s Tasmanian Noise Procedures Manual as the benchmark. In July, the EPA went further, issuing a Wind Farm Noise Policy consistent with expert acoustic evidence presented by NTAG at the appeal. The EPA Policy and Noise Measurement Procedures Manual were updated in August to clarify nuisance noise requirements.

“This is not good news for Korea Zinc,” Ridley said. “They failed to secure weaker conditions, and the EPA has now strengthened its Policy. Compliance will be extremely difficult, and litigation by neighbours is inevitable.”

“NTAG’s priority was to prevent noise before it eventuated. The decision means we are in a new phase – of compliance and litigation.”

“Korea Zinc initially had major concerns about being able to meet the 2024 noise conditions so they appealed but they have not been successful. The reason for their initial appeal as a threat to the project still remains.”

“Korea Zinc is now in the position of being permitted to build the wind farm but not allowed to exceed the nuisance noise requirements of the EPA. Korea Zinc cannot guarantee compliance with the noise conditions. There are simply too many turbines, placed far too close to neighbours. They will need to rethink the wind farm because their appeal to roll back noise conditions has not been successful.”

TASCAT heard evidence that some of the proposed 231-metre turbines would be located just 400 metres from property boundaries and as close as 1.7 kilometres from residences. Residents have already reported turbine noise from Cattle Hill Wind Farm more than 7 kilometres away.

Wider concerns

Beyond noise, NTAG says the project presents significant harm to nationally endangered flora and faunal values. St Patricks Plains is an ecological hotspot with 43 nationally and state-significant species, including 18 Tasmanian wedge-tailed eagle nests and 40 eagles.

“Even with avian detection systems, turbines remain bird-killing machines. Over the last three years, Cattle Hill has recorded deaths of at least 50 different bird species including nationally protected wedge-tailed eagles, white-throated needletails and blue-winged parrots that occur on the proposed site” Ridley said.

“Solar farming is the better alternative. It delivers energy without the nuisance noise and without killing and destroying nationally endangered species.”

The project remains under consideration by the Federal Environment Minister under the Environment Protection and Biodiversity Conservation Act.