Academic and Professional Qualifications

19 May 2015

Jeanette Radcliffe Committee Secretary Senate Select Committee on Wind Turbines

wagga wagga suite 1, 39 fitzmaurice st Dear Ms Radcliff, (po box 5464) RE – Senate Select Committee on Wind Turbines wagga wagga nsw 2650 t 61 2 6971 9696 Thank you for giving me the opportunity to respond to a submission made by the f 61 2 6971 9693 Parkesbourne/Mummell Landscape Guardians Incorporated (the Submission) to the Senate bathurst 35 morrisset st Select Committee on Wind Turbines. The purpose of my submission is to defend several po box 434 allegations made against me personally and against the company I work for, NGH bathurst nsw 2795 Environmental Pty Ltd. It is also to demonstrate to the Senate Select Committee my t 0448 820 748 professional integrity which has been called into question by the Submission. bega suite 1, 216 carp st (po box 470) bega nsw 2550 ACADEMIC AND PROFESSIONAL QUALIFICATIONS t 61 2 6492 8333 I am an Environmental Scientist with over 16 years experience in the provision of professional canberra unit 17, 27 yallourn st environmental services. My academic qualifications include: (po box 62) • st fyshwick act 2609 A Bachelor of Advanced Science (Honours, 1 Class), obtained from the University of t 61 2 6280 5053 NSW (2001) f 61 2 6280 9387 • A Masters of Environmental Engineering Management, obtained from the University

newcastle of Technology, Sydney (2003) 153 tudor st hamilton nsw 2303 My professional qualifications include: t 0475 946 632

sydney • Certified Principal Auditor, Environmental Management Systems Auditor (Exemplar unit 18, level 3 Global, formerly RABQSA), held since 2007 21 mary st • Certified Environmental Practitioner (CEnvP), held since 2007 surry hills nsw 2010 t 61 2 8202 8333 The Exemplar Global certification requires a minimum number of audit hours to be conducted

over a 2‐year period. I have maintained this since 2007.

[email protected] The CEnvP requires commitment to a Code of Ethics (attached as Attachment 1 to this www.nghenvironmental.com.au submission) and ongoing Continuing Professional Development, with a 2‐yeartly return required to maintain this certification. I have maintained this since 2007. My commitment to both these professional qualifications is strong and I aim to conduct myself to the highest standards possible in all my professional and personal business.

NGH Environmental Pty Ltd (ACN: 124 444 622. ABN: 31 124 444 622) and NGH Environmental (Heritage) Pty Ltd (ACN: 603 938 549. ABN: 62 603 938 549) are part of the NGH Environmental Group of Companies.

WORK HISTORY

My work history is briefly outlined below: 1998 to 2001 – Ecologist and Project Officer with Gunninah Environmental Consultants. My main duties were to conduct flora and fauna surveys and prepare environmental assessment and management reports on behalf of clients which included government and private operators. 2001 to 2003 – Environmental Planning Officer with the then NSW Roads and Traffic Authority, the NSW statutory authority for the delivery of road infrastructure. My main duties included the completion of environmental assessments for road and bridge infrastructure across NSW and to advise RTA project managers on their statutory obligations in relation to environmental planning and assessment. 2003 to 2007 – Environmental Management Systems Officer with the then NSW Roads and Traffic Authority. This role was an advisory role to the South West Regional office on matters relating to environmental management, including compliance with legislation, approvals and permits/licences, auditing projects and environmental inspections and reviews. 2007 to 2009 – Manager, Projects. Wagga Wagga office of NGH Environmental. This role involved managing environmental assessment and management projects delivered by the Wagga Wagga office of NGH Environmental. 2009 to Present – Director, NGH Environmental and Manager, Riverina and Western NSW, NGH Environmental. This roles involves overseeing the delivery of environmental assessment and management projects across the Riverina and Western NSW. Of relevance to this submission, I note the following key appointments during my career in the provision of professional environmental auditing, management and compliance advice:

• Environmental Management Representative, Northern Hume Alliance Duplication of the Hume Highway (NSW Department of Planning Approved Appointment). Project value ~$800M • Environmental Management Representative, Cullerin Range Wind Farm (NSW Department of Planning Approved Appointment). Project value ~$90M • Environmental Representative, Murrumbidgee to Googong Water Transfer Pipeline (NSW Department of Planning Approved Appointment). Project value ~$180M • Environmental Representative, Gullen Range Wind Farm (NSW Department of Planning Approved‐Appointment). Project value ~$300M • Environmental Site Representative, Gounyan Curves Upgrade of the Barton Highway (NSW Roads and Maritime Services Approved Appointment). Project value ~$12M • Environmental Manager, Albury – Wodonga National Highway Project, operational phase (Lend Lease Appointment). Project value ~$500M • Independent Environmental Auditor, Ballina Bypass (NSW Roads and Maritime Approved Appointment). Project value ~$1.5B • Independent Environmental Auditor, TEYS Australia Wagga Wagga Abattoir (NSW Department of Planning Approved Appointment) • Internal Environmental Advisor, Sheahan Bridge Duplication at Gundagai (Fulton Hogan Appointment). Project value ~$40M • Environmental Impact Assessment Auditor, Woodlawn Wind Farm (NSW Department of Planning Approved‐ Appointment) • Internal Environmental Auditor, Capital Wind Farm (Infigen Energy Appointment) • Independent Auditor, Xstrata Coal Baal Bone Colliery (NSW Department of Planning Approved Appointment) • Independent Environmental Auditor, Oxley Highway Upgrade (NSW Roads and Maritime Approved Appointment). Project value ~$640M • Independent Environmental Auditor, Herons Creek to Stills Road Pacific Highway Upgrade (NSW Roads and Maritime Approved Appointment). Project value ~$60M

Submission – Mr Erwin Budde I

• Independent Environmental Auditor, Foxground and Berry Bypass Princes Highway Upgrade (NSW Roads and Maritime Approved Appointment). Project value ~$500M

As documented above, during my career I have acted as an environmental advisor on numerous projects and in numerous capacities, to a variety of clients. These roles all require a high level of integrity and professional conduct. The exercising of my duties has never been called into question on any other project.

INVOLVEMENT IN THE GULLEN RANGE WIND FARM

My involvement in the Gullen Range Wind Farm commenced in late 2010 as part of an informal advisory team to provide verbal advise to potential purchasers of the project, Goldwind. This advice related specifically to the Project Approval. I was brought on to the advisory team because of my prior experience in NSW Approvals. Prior to this date I had no involvement in the project, nor any knowledge of it, and subsequent to this event, I continued to have minimal involvement in the project until my appointment as Environmental Representative. In late March 2011 my nomination for Environmental Representative was approved by the Department of Planning (who were aware of NGH Environmental’s prior involvement in the project). I then commenced the formal duties of the Environmental Representative. Over the pursuing 2 years, I conducted the role of Environmental Representative. It is important to note that the role of the Environmental Representative is one of an advisor. The Environmental Representative’s role is to advise the proponent on their compliance with the Project Approval. The role is not one of an agent of the proponent, or indeed an agent of the Department. I exercised this role for the Gullen Range Wind Farm as I had done for previous Environmental Representative Roles, including:

• Regular (in this case fortnightly) site inspections • Systems audits (6‐monthly) • Documentation reviews (specifically including the Construction Environmental Management Plan, Sub Plans, Environmental Work Method Statements, ‘For Construction’ Environmental Site Plans and others as required by the Department of Planning) • Endorsement of documents prepared during the course of construction. The purpose of this endorsement is verify that the documents are compliant with the Project’s Approval. • Provision of verbal and, at times, written advice in relation to the proponent’s compliance with the Project Approval.

With regards to potential modifications to a project, it is important to note that an Environmental Representative receives many informal and verbal requests to review proposed changes to a project. Many of these are rejected after review and never reach the point of a consistency review or modification report. This was the case with Gullen Range Wind Farm too.

MY ROLE IN THE CONSISTENCY REVIEW OF PROPOSED CHANGES TO THE TURBINE LOCATIONS

The Parkesbourne/Mummell Landscape Guardians Incorporated Submission pays a significant amount of attention on the process around the turbine micrositing that occurred during the project’s construction, and which I understand remains the subject of ongoing legal and other processes. Specifically, the Submission alleges that my involvement in this was not ‘independent’ and that I had a conflict of interest in this (page 20 of the Submission). My role in this was to advise the proponent on compliance with the Project’s Approval, and specifically whether or not any revision of the turbine locations would be consistent with the Approval. As the Submission notes, this required a detailed review of the application of Section 75W which regulates modifications which are not consistent with the Approval. It should be noted that I specifically spoke with senior staff at the Department of Planning around the thresholds of consistency in a general sense. The Department of Planning was unable to provide me with any guidance. Further, it should be noted there are no guidance notes or other similar literature available to guide Environmental Representatives.

Submission – Mr Erwin Budde II

I therefore relied upon my experience from my previous roles as Environmental Representative to guide me through both the process and establish the thresholds for consistency. At that time, this experience included another wind farm project. Specifically, I investigated whether the proposed changes were likely to have any increased negative impacts on environmental aspects relative to the Approved Project. Specifically, I asked for information on ecology, heritage, visual impact and noise. Specialist studies were commissioned by the proponent in several of these areas. These studies all demonstrated that the proposed changes were not likely to lead to any further negative environmental impacts relative to Approved Project. On that basis, I concluded that the proposed changes were likely to be consistent with the Approved Project and I advised the client as such through the Consistency Review. During my role as Environmental Representative in assessing the changes I exerted a high degree of independence in coming to my conclusion. At no stage did I seek to undertake my own assessment of impacts, instead ensuring that the proponent provided these to me from independent sources. I independently reviewed each assessment and relied upon the conclusions reached by each specialist in coming to a position on the question of consistency.

DIRECT RESPONSE TO THE SUBMISSION

Allegation of Conflict of Interest ‐ Page 20 and Page 21 and the Summary on Page 43 The allegations against me specifically raise a ‘conflict of interest’ in exercising my duties as the Environmental Representative, and as an employee (and Director) of a company which prepared the Environmental Assessment for the project. The language is particularly strong and subjective, using terms like ‘must have had’, ‘preposterous’ and ‘extreme’ in describing the ‘conflict of interest’. However, no supporting evidence is provided to justify these claims. No specific examples are provided to justify these claims, instead the author is relying on generalisations and an emotive appeal to the reader to agree with them without any justification. I believe the reason for this is that there are no examples of where a conflict of interest has been in operation at any time during my involvement with the project. I did not stand to gain anything from taking the position that I did. My employer also did not stand to gain anything from taking this position. As an independent environmental consultant working for an independent consultancy, our reputation in providing sound, objective advice is of the utmost importance. We do not gain by providing subjective, biased advice and any assertion to the contrary is ill‐informed and has no basis. I submit to the Senate Select Committee that I have always conducted myself to the highest professional standard and that there has never been any conflict of interest in my conduct as the Environmental Representative on the Gullen Range Wind Farm project.

Allegation of Approving the Modifications ‐ Page 22, paragraph 2 under the heading “the narrative resumes…’ The Submission makes a false statement when it says ‘…all the turbine locations were approved by the ‘independent’ Environmental Representative, Erwin Budde…’. This in fact contradicts a previous statement on page 21 of the Submission. The Environmental Representative has no approval authority for the project. Similarly, on Page 31, Paragraph 2 after the heading ‘The Modification Application’, the Submission notes that ‘the modifications were all approved by the “independent environmental representative’. My role did not have any approval authority on the project.

CONCLUSION

I hope that my submission above demonstrates my extensive experience in providing independent environmental and planning advice for infrastructure projects, including wind farm developments. With this I categorically state that I have never had any conflict of interest in my conduct on the Gullen Range Wind Farm, and I hope that the Senate Select Committee concurs with me.

Submission – Mr Erwin Budde III

Please don’t hesitate to contact me if you have any questions in relation to my submission.

Yours sincerely,

Erwin Budde CEnvP

Submission – Mr Erwin Budde IV

ATTACHMENT 1 – CENVP CODE OF ETHICS

Submission – Mr Erwin Budde V CODE OF ETHICS AND PROFESSIONAL CONDUCT ADOPTED AT THE EIANZ ANNUAL GENERAL MEETING, 24 OCTOBER 2012

Compliance with this Code of Ethics and Professional REPRESENT AND PROMOTE THE PROFESSION Conduct is central to sound environmental practice (a) Promote and provide leadership in the adoption of high and the credibility of the profession, and is required standards of environmental practice; for persons who are members of the EIANZ and also (b) Contribute to the development and maintenance of for Certified Environmental Practitioners. knowledge about environmental practice and standards Environmental practitioners are committed to practice of professional competence; in accordance with this Code of Ethics and Professional (c) Support others in their development as environmental Conduct, and accept personal accountability for practitioners; professional conduct. This Code commits environmental (d) Do not advertise or represent services, or those of practitioners to: another, in a manner that may bring discredit to the profession. PROMOTE ENVIRONMENTAL PRINCIPLES

(a) Advocate the integrity of the natural environment PRACTICE COMPETENTLY and the health, safety and welfare of the human (a) Provide services at an appropriate standard as required community and future generations as being central to to achieve or foster optimal environmental outcomes; environmental practice; (b) Only practice and offer services in functional areas and (b) Advocate the protection of environmental values specialisations in which one is appropriately qualified, and the mitigation of environmental harm, based on experienced and competent; objective scientific and technical knowledge; (c) Comply with all applicable governing laws and statutory (c) Advocate and undertake environmental practice requirements, and actively discourage non-compliance in accordance with principles of environmental by others; stewardship, resilience and sustainability, with a view (d) Promote the involvement of all stakeholders and the to achieving no net loss of environmental values and community in decisions and processes that may impact preferably a net gain, and to an appropriate standard. on environmental values; (e) Respect the contribution of other professionals and DEMONSTRATE INTEGRITY collaborate in multi-disciplinary approaches; (a) Be honest and trustworthy, avoid misrepresentation or (f) Be diligent in practice, providing accurate, up-to-date, obfuscation, distinguish between fact and opinion, and objective, impartial and unbiased advice; state opinions which are honestly held; (g) Acknowledge data and information sourced from (b) Respect obligations of confidentiality and privacy; others, and be accountable for data collected, analyses (c) Be objective, seek peer review and other quality performed and conclusions drawn or plans developed assurance of work as appropriate, and accept as well as part of an assignment; as give honest and fair criticism when required; (h) Be prepared to explain work and conclusions drawn, (d) Avoid or manage conflicts of interest, and make all and provide the evidence on which the work is based; relevant parties aware when there is such (i) Continuously update and develop skills through relevant a conflict; professional development as a basis for competent practice.