Strategy Paper Achieving 33% of electricity generated by renewable energy by 2020. Photo AGL Wattle Point Wind Farm, South Australia.
Photo cover The 1 MW solar installation at the Royal Adelaide Showgrounds was the first megawatt scale industrial roof-top solar plant in Australia. Contents
A Message from Mike Rann 4
Commissioner’s Foreword 5
Summary of Initiatives 6
Introduction 7
1. Quality Information to Inform Investment 14
2. Efficient Regulation and Competitive Charges 18
3. Addressing Market Failures 21
4. Leading by Example 25
5. Moving Early to Prepare for National Policies 26
Appendix 1 – Commissioned Reports and Investor Resources 31 A Message from Mike Rann
These past achievements and the initiatives South Australia’s commitment in this Plan have positioned us to take to a low-carbon economy, full advantage of the opportunities that will be presented by the Commonwealth as outlined in this document, Government’s visionary Clean Energy Future is helping us to secure Plan. However, the Government realises that we have to keep working on significant economic and maintaining that leadership position. environmental benefits, South Australia’s success in attracting now and for the future. investment not only helps our environment, it stimulates growth in the clean energy industries We are showing that the renewable energy of the future, and provides employment and sector can stand comfortably alongside economic opportunities for many regional industries such as mining, defence and economies. Independent assessments show advanced manufacturing as pillars of that, to date, South Australia’s mid-north our State’s diversified economy. region has hosted $800 million in investment Our success in this area is not solely attributable in wind energy projects that have created to our world-class natural resources. We have jobs for 185 people in construction, moved quickly and decisively to tailor our manufacturing and support services. regulatory frameworks and to provide In order to build on our position of strength, investment clarity and certainty, which has the South Australian Government has now resulted in South Australia hosting around committed to achieving 33 per cent electricity 50 per cent (around $2.8 billion) of national generation from renewable sources by 2020, investment in wind power, and close to 90 per and established a $20 million Renewable cent (around $680 million) of Australia’s total Energy Fund to assist with further leveraging geothermal energy investment. renewable energy investment in our State. We have also performed strongly in distributed These ambitions, as well as the creation energy, hosting a high proportion of homes and oversight of a strategic framework to with solar panels, as well as being the first achieve them, continue to be driven by our State to introduce feed-in laws. The scale RenewablesSA Board. and scope of these, and other renewable energy projects – both in operation and in This Plan sets out how we intend to the pipeline – are outlined in this publication. do that by drawing upon the roles only State Governments can play in this area. The results of these initiatives are already being delivered. In 2010/11, wind energy I commend this Plan to you, in the interests contributed over 20 per cent of annual of a clean energy future and of our planet. electricity production in the State. With this achievement, South Australia has achieved its ambitious 2014 target of 20 per cent renewable energy production three years ahead of schedule.
The early achievement of this goal places our Mike Rann State nine years ahead of the Commonwealth’s Premier of South Australia nationally-mandated requirement of having Minister for Sustainability 20 per cent of electricity generated from and Climate Change renewable sources by 2020. Minister for Economic Development
04 Commissioner’s Foreword
feasibility assessment of large scale wind Given our current performance farming in the wind resource rich region in renewable energy, the State of the Eyre Peninsula; the development of a solar thermal air-conditioner prototype; is well placed to establish biomass trials; electricity production from itself as the nation’s leader organic wastes; development of local capabilities in solar tracking technologies and in clean energy. investigations into an investment opportunity The basis for our advantage is our natural for biomass generation on Kangaroo Island. endowment in world-class natural Results are already being delivered, with renewable energy resources in wind, solar the first project funded in 2009, the South and geothermal. To attract the investment Australian Centre for Geothermal Energy required to tap these resources, the State Research, successfully attracting close Government put in place the most supportive to $2 million for various industry oriented regulatory frameworks for renewable energy research programs from the Commonwealth development in Australia. Government, universities and the private Going forward, the overall goal is to sector support to date. make South Australia the most attractive The RenewablesSA Board has taken a destination for renewable energy investors strategic view of the State’s prospects in a through five key means: by providing world with carbon pricing. It sees value in an efficient and streamlined regulatory recommending a contemporary limit to the environment; generating quality information carbon intensity of new electricity generation, to inform investment; selectively intervening as well as levels that the State can aspire to to address market failures; Government achieve by 2020. In a low carbon economy, demonstrating and leading by example; and South Australian industries will be better positioning the State to take advantage of prepared for the impacts of carbon pricing anticipated national climate change policies. and in addition, will gain a competitive These roles complement the policy settings advantage in selling to carbon sensitive being put in place nationally. South Australia markets than their counterparts in the other is a leading region in international terms in mainland States. hosting renewable energy investment. We This plan sets out the themes which have recognise that our long term ambitions to been adopted by the South Australian build this reputation will require us to play Government in striving toward positive a disproportionate part in the realisation environmental and economic goals of national clean energy objectives. simultaneously by extending our credentials South Australia’s Renewable Energy Fund in renewable energy. has provided funding support to assist the development of quality proposals that may operate without additional subsidy or which may be strong contenders for Commonwealth Government funding. These projects cover a wide spectrum of the renewable energy Tim O’Loughlin sector ranging from geothermal energy Commissioner for Renewable Energy research; a detailed commercial and technical
Photo Clements Gap wind farms, South Australia 05 Summary of Initiatives 1 / Quality Information 3 / Addressing 5 / Moving Early to Prepare to Inform Investment Market Failures for National Policies 1.1 The South Australian Government will 3.1 The Government will continue to 5.1 The South Australian Government will commission landmark studies relevant generate quality information and advice release a discussion paper to consult to the further development of the Green in strategic areas such as biofuels and on limiting the carbon intensity of new Grid concept as a long term project develop strategies to lever support from electricity generation in South Australia
which offers the prospect of opening a the Commonwealth Government. to 0.7 tonnes of CO2e per MWh. whole new province for wind generation. 3.2 The South Australian Government will provide 5.2 A new emissions intensity target will be 1.2 The South Australian Government will a further grant of $2 million to support the set for electricity generation in the State
support studies by ElectraNet to provide next phase of commercial geothermal at 0.5 tonnes of CO2e per MWh by 2020. a contemporary assessment of the energy research at the South Australian 5.3 The South Australian Government will capacity of the existing electricity Centre for Geothermal Energy Research. report annually on the current and transmission network in the State, 3.3 The Government will provisionally forecast carbon intensity of South to support additional wind energy. allocate $1.5 million for joint innovative Australia’s electricity generation. 1.3 The Government will support the further solar research and development projects 5.4 The Government will promote the development of business cases for the bids for the Australian Solar Institute’s commercial benefits of investing in South expansion of electrical infrastructure funding round in the second half of 2011. Australia’s low-carbon economy, providing to enable higher levels of intermittent advantages for industries which compete generation and open up new, remote 3.4 The Government will continue to use in carbon-sensitive markets. renewable sites. the Renewable Energy Fund to maximise the public benefit outcomes for South 5.5 The South Australian Government will 1.4 South Australia will seek to establish Australia in bio-energy, fuel algae, leverage the State’s leadership in the a network of the leading international geothermal, solar and wave technology deployment of renewable energy to build provinces which have a common interest generally, with specific emphasis on competitive new industry research in accommodating higher levels of assisting proponents to attract capabilities, expand the local value chain renewable energy at least cost and Commonwealth funds. and create long-term green jobs. without detriment to security of supply, with the objective of pooling research and learnings from different approaches. 4 / Leading by Example 4.1 The South Australian Government will 2 / Efficient Regulation and invite interested parties to respond to an Expression of Interest to develop Competitive Charges models for financing, establishing and 2.1 The South Australian Government implementing community owned solar will commence public consultation on photo-voltaic projects in South Australia. draft legislation providing access for 4.2 The South Australian Government renewable investors to Government reaffirms its commitment to supporting owned land used for pastoral purposes. large-scale renewable energy investment 2.2 In conjunction with the Central Region by purchasing accredited GreenPower™ Local Government Association, the South to satisfy 50% of its electricity Australian Government will appoint requirements by 2014. a regionally based wind farm liaison manager to provide local communities and councils with information and advice about new and existing wind farm developments in the State. 2.3 The Government will conduct a review of the capacity of existing regulatory processes for marine (wave and tidal) energy with a view to put in place a framework that addresses the specific needs of these investors. 2.4 The Government will continue to make available its Case Management Services to streamline and coordinate processes for obtaining development approval and other licensing required for major projects.
06 Introduction
South Australia is unique in its endowment and diversity of renewable energy resources. The mix includes world class wind resources located in remote areas of the State with low population densities; solar and geothermal resources which are outstanding in world terms; and highly prospective wave energy resources. However South Australia’s success in drawing renewable energy investment is not just the product of its natural resources. The State Government moved early to gain an advantage in the development of renewable energy sources by leading the nation in setting policy frameworks and regulatory processes to provide greater consistency, transparency and the certainty that investors need to capitalise on these outstanding resources.
Photo Clements Gap wind farms 07 Oodnadatta Figure 1 Figure 1 maps the State’s potential zones for renewable Innamincka Potential Zones for energy development in relation Innamincka to the State’s electricity and Renewable Energy, South Australia gas transmission facilities.
Coober Pedy
Leigh Creek
Woomera
0 50 100 200
Kilometres Ceduna
Port Augusta
Berri
Port Lincoln
Adelaide
Kingscote
Keith Landfill/Methane
Wind
Biomass
Wave
Geothermal
Solar
Powerline Mount Gas Pipeline Gambier Locations of projects and infrastucture are approxiamate. 08 Oodnadatta Figure 2 Figure 2 shows the
location of existing Innamincka Existing and Proposed Renewable and proposed renewable Innamincka Energy Projects in South Australia energy projects in South Australia.
Exi s tin g PROPOSED Coober Renewable Pedy Projects
Landfill/Methane Only Solar PV installations over Wind 50kW are shown on this map. Biomass Locations of projects and Wave infrastucture are approxiamate. Paralana Geothermal Leigh Proposed projects in Figure 2 are those Creek Solar which are committed, advanced and subject to public announcement.
High Voltage Powerlines Woomera
Wilpena North Pound Brown Hill 0 50 100 200 Hallett 4
Kilometres Ceduna Mt Bryan Willogoleche Hallett 3
Port The Bluff Augusta Hallett 5
Lincoln Gap Brown Hill Hallett 1 Hallett Hill Whyalla Hallett 2 Solar 0 10 20 Oasis Kilometres Collaby
Carmody's Hill
Clements Gap Mt Millar Barn Hill Waverider Energy Snowtown Snowtown 2 Stony Gap Waterloo Mount Hill Roberts Town
Kulpara o Berri ENLARGEMENT OF METROPOLITAN ADELAIDE ST KILDA Keylink Industrial Port Park Edinburgh Lincoln Keyneton Bolivar Sewage Cathedral Treatment Works Rocks Adelaide Wattle Tea Tree Point Gully Wingfield Port Adelaide Highbury Sewage Treatment Works Starfish Hill Kingscote Adelaide North Central B us Terrace Station Adelaide Rundle Lantern Keith Airport Adelaide Adelaide URAIDLA Canunda Showgrounds Glenelg Sewage Lake Bonney 3 Treatment Works
Lake Bonney 2
MYLOR Lake Bonney 1 #
" Kongorong Woakwine Panax
Allendale Industrial Carnegie Woodwaste Corporation 0 5 10 MEADOWS Mount 0 10 20 Pedler Gambier Creek Kilometres Kilometres " 09 Renewable Energy in South Australia – Technology Deployment South Australia is highly Solar Geothermal prospective for renewable • South Australia was the first State in • South Australia was the first State energy investment. It has a Australia to introduce a Solar Feed-in to introduce a regulatory framework natural endowment of wind, Scheme to provide a financial incentive specifically tailored to the rapidly- for domestic installations of solar developing geothermal industry. solar, geothermal, marine and photo-voltaic systems. • By the end of 2010, South Australia had land resources providing an • As at the end of August 2011, there was attracted 86% of Australia’s total $680 excellent base for renewable approximately 195 MW of solar capacity million estimated investment in geothermal eligible for the feed-in tariff, comprising exploration and proof of concept projects energy generation. 127 MW of installed grid-connected solar and 25 companies had applied for 210 systems and a further 68 MW of capacity Geothermal Exploration Licenses (GELs) in with approval to connect to the grid.1 South Australia, representing 55% of the Wind nation’s geothermal licence applications. • The South Australian Government has • To date, around $2.8 billion has been invested $8 million in one of the largest • From 2005-10, the State Government invested in wind generation, resulting solar installations in Australia of 1 MW provided $1.3 million in tied grants in 54% of the nation’s installed wind at the Adelaide Showgrounds; installed for geothermal energy research and capacity with 14 operational wind farms solar panels on prominent Government geothermal energy exploration, most from representing 1,150 MW of power. buildings; and established a requirement South Australia’s Plan for Accelerating • From a global context, South Australia is for installation of panels on all new and Exploration (PACE) program. one of the leading jurisdictions in the world refurbished Government buildings. • The South Australian State Government for wind power. If South Australia was • The irradiance levels at Roxby Downs in provides stewardship and secretariat a nation State it would have the second the north of the State are world class and support for the peak whole-of-sector highest market penetration of wind in the have been recorded at 2500 kilowatt hours organisation for geothermal energy in world, second only to Denmark. per square metre (kWh/m²) per annum.2 Australia, the Australian Geothermal • South Australia is the destination of This compares to Spain, southern Europe, Energy Group (AGEG).3 choice in part due to the State’s land use northern Africa and Middle East, which • The State Government’s Regional planning system which is often regarded have recorded levels of 2000-2300 kWh/ Development Infrastructure Fund is as national best practice for m² per annum. The levels in south-east contributing half the cost of developing the accommodating wind farms. USA are also in that range and for some exceptional sites have been estimated transmission infrastructure for Australia’s • The assessment of the wind resource at up to 2600 kWh/m² per annum. first 1 MW ‘hot fractured rock’ geothermal on the Eyre Peninsula by Macquarie power plant in the Cooper Basin. Capital revealed significant areas • South Australia also represents with wind speeds above 8 metres per Wave Australia as the Contracting Party second, considered excellent for wind • Two companies have publicly announced to the International Energy Agency’s energy generation. projects in South Australia. Carnegie Geothermal Implementing Agreement. Corporation is site testing along the Limestone Coast with a view to build a • The Vice Chairman of the Executive 50 MW wave power station. Approval has Committee for the IEA GIA is based also been granted to Waverider Energy within the South Australian Government. for the construction of a $5 million wave In this role, the South Australian energy project on the State’s west coast. government is providing leadership for processes that increase the sharing of knowledge and information worldwide, to foster fast progress by the Australian geothermal industry.
1 Information provided by the Department of Transport, Energy and Infrastructure, September 2011.
2 Weather station data for May 2009-April 2010, CSP Services.
3 The AGEG has 108 organisation members, including 86 companies, 13 universities and 9 government agencies covering all States, the Northern Territory and the Commonwealth. The AGEG works in close cooperation with the Australian Geothermal Energy Association. The Reporting Code for geothermal exploration results, resources and reserves published by an AGEG-AGEA committee is an internationally respected standard. AGEG-AGEA also run an annual national conference, and the International Geothermal Association voted to hold its next World Geothermal Conference in 2015 in Australia with AGEG, AGEA and the NZ Geothermal Association as host partners. 10 South Australia’s success in Moreover, considerable progress is now The State Government is committed to being made towards the South Australian building the local renewable energy value attracting a disproportionate Government’s further commitment of having chain by leveraging the State’s leadership in amount of the nation’s one third of electricity production from renewable energy deployment. A key element renewable energy sources by 2020. will be to use the growing demand for clean renewable energy investment power to open up value chain opportunities is reflected in the increasing The achievement of this target will have a to industry in South Australia. Not only will profound effect upon the State’s economy. this help create local jobs and investment, proportion that wind power it will also help capture new innovations in The carbon intensity of the State’s electricity renewable technology and its deployment. contributes to the State’s generation would fall to around 0.5 tonnes of CO -e for each mega watt-hour (MWh) electricity generation. 2 A Clean Technology Industry Development produced. This is just two-thirds of the Plan is being developed to provide more In just eight years, wind energy in the State projected outcome for Australia as a whole detail on future industry development has increased from virtually negligible levels as shown in Figure 4. activities related to the Cleantech value to approximately 21% of South Australia’s chain, including manufacturing and Achieving this level of carbon intensity will annual electricity production. knowledge intensive services. see South Australia continue as Australia’s This has meant that the South engine-room for renewable energy. It will There will also be significant, indirect also generate a competitive advantage for benefits. Manufacturers and primary Australian Government’s the State’s economy. producers looking to sell their products into carbon sensitive markets will be able target of having 20% of By growing its renewable energy industries, to draw upon South Australia’s success in South Australia will make itself less our energy coming from reducing the carbon intensity of its electricity vulnerable to the cost impacts of carbon generation. Examples of companies using renewable sources by 2014 prices. Businesses in South Australia will their low carbon advantage are emerging also be better positioned in selling their has been met three years and more can be expected as the world products into carbon sensitive markets. ahead of schedule. comes to demand lower carbon products.
Figure 3 shows the changes in generation output by wind during this period.
FIGURE 3 FIGURE 4 CHANGES IN ELECTRICITY GENERATION Projected Carbon Intensity of OUTPUT, SOUTH AUSTRALIA Electricity Production in 2020
2003/04 1.0
Gas / 5,915 GWh / 57% 0.8
Coal / 4,415 GWh / 42% t CO
Wind / 102 GWh / 1% 0.6 2 -e per MWh
2010/11 0.4
Gas / 6,677 GWh / 47%
0.2 Coal / 4,523 GWh / 32%
GWh Wind / 2,994 / 21% 0 Australia South Australia
Note: Graphs do not indicate supply by diesel Notes: Based on modelling which assumes South Australia achieves its renewable energy production target of 33% by 2020 generation. In 2003-04 and 2010-11, and a scenario where Australia adopts a target of reducing emissions by 5% relative to 2000 levels (CPRS-5). diesel supplied 2 GWh and 3 GWh respectively. Source: Projected Carbon Intensity for South Australian Renewable Energy Target in 2020, Source: South Australian Supply Demand Outlook, McLennan Magasanik Associates, January 2010. Australian Energy Market Operator, July 2010 and June 2011.
11 The achievement of South Australia’s 33% This role recognises that national There is a critical role for State Governments renewable energy target cannot be assumed. governments, acting individually and to play in supporting this investment by The successes of the past have come from collectively, have primary responsibility for helping to translate those policies into managing world-class renewable energy putting in place the high-level policy settings projects on the ground. resources with informed and effective needed to deliver substantial reductions in policies and more will be needed as greenhouse emissions. The Commonwealth South Australia’s overall strategy is to apply competition for renewable energy investment Government’s commitment to setting a policies which complement the national intensifies. This plan provides a framework carbon price is strongly supported. One policy agenda and which smooth the way for for these policies. of its outcomes will be to open up further growth in renewable energy. However, the investment in renewable energy. This will be Government is prepared to go beyond this The policies applied in the achieved by the price advantage the carbon approach in cases where it believes it can price delivers for generators of clean power. take early action to position the State for past and those set out in increased benefit from national policies. This process will be further assisted by this document are intended the Commonwealth Government’s existing to deliver on the important support program of $3.2 billion under the Australian Renewable Energy Agency and its role that State Government new clean energy program of $10 billion over plays in supporting renewable five years from 2013-14. energy investment as part The Commonwealth Treasury modelling of its overall response projects that the renewable energy will meet around 40% of Australia’s electricity to climate change. generation by 2050.
South Australia is one of the leading jurisdictions in Australia for hosting renewable energy, as demonstrated by Figure 5 which shows levels of installed capacity excluding hydro based energy per head of population.
FIGURE 5 Per capita Installed Capacity of Non-Hydro Renewable Energy
NT 0.01
TAS 0.29
WA 0.10
SA 0.55
QLD 0.09
VIC 0.10
NSW 0.05
0 0.1 0.2 0.3 0.4 0.5 0.6 Capacity (kW) per capita
Source: ABARE Energy in Australia 2011 and 3101.0 Australian Demographic Statistics, Australian Bureau of Statistics, 2010. 12 Within this context, the principal roles for the South Australian Government in renewable energy are: 1 Dissemination of detailed, timely and commercially-relevant information to ensure the investment market is fully informed of opportunities within the State; 2 Provision of efficient regulation and a competitive Government fee-charging regime; 3 Intervention to address market failures created by specific regional circumstances; 4 Leading by example to establish a climate that builds investor confidence in renewable energy; and 5 Acting early to position the State to benefit from imminent national policies and to better respond to cost impacts.
The following sets out the Government’s actions to date in these areas and those planned for the future.
Photo Premier Mike Rann, speaking at the inaugural RenewablesSA public lecture on 12 August 2010, ‘The Challenge of Wind Power’ by Mr Peter Jorgensen of Energinet.dk, Denmark.
13 1 / Quality Information to Inform Investment
infrastructure. This study is intended to One effective role for the shed new light on the costs of meeting Government is to support the the national Renewable Energy Target. creation and dissemination of The Government recognises the impact that high quality information that providing quality information can have on the State’s investment. This is especially the case assists potential investors. for large scale projects which are capital intensive and long-life, such as Green Grid. As part of this role, the Government has supported a $1 million feasibility study by To support this and other projects, the Macquarie Capital to establish the market, Government will build a body of practical regulatory and physical conditions needed commercial and engineering assessments to unlock the Eyre Peninsula wind resource over time. under the Green Grid study. These actions will build on the Government’s The Green Grid study has found that a existing initiatives to accumulate and commercial case exists for investment of disseminate quality information such as: $5.8 billion into 2,000 MW of wind power • Establishing RenewablesSA to provide a generation and transmission facilities. central point of information dissemination The case is contingent on several variables, and provide a guide for potential investors particularly modifications to the regulatory seeking detailed information on State environment needed to support investment Government policies and processes. in new transmission facilities. • Providing a single entry point for investors interested in data on the State’s wind, solar The study is now being used by private sector and wave resources and high resolution parties that have expressed an interest in spatial planning information important to investing in projects on the Eyre Peninsula the selection of a suitable site. to press for the regulatory changes that • Commissioning and making publicly are needed to support the commercial case available modelled solar insolation data and to prepare a case for a grant towards relevant for siting of solar thermal and solar the cost of transmission facilities from the photo-voltaic technologies at four key sites Commonwealth Government’s Connecting in South Australia.5 The data can be used by Renewables Initiative. potential investors to run design simulations To this end, the South Australian Government and estimate the likely electricity output is currently planning a summit to bring that a solar power station would produce. together developers, industry representatives, RenewablesSA has also retained a full year policy makers and community representatives of weather station data confirming the to build a collective understanding of the world class quality of the solar resources in transmission infrastructure and other the north of the State. investment opportunities to unlock regional • Steps by the Australian Geothermal Energy development opportunities in the Eyre Group (AGEG) and Australian Geothermal Peninsula. In conjunction with the summit, Energy Association to participate in the RenewablesSA is commissioning two development of standards for the landmark studies to inform the wider market deployment of geothermal (ground sourced) of the extent of this opportunity: heat pumps. Mapping the subsurface • An economic and technical feasibility study depths to 18 degrees Celsius will assist in of storing surplus wind power. This could identifying opportunities for the deployment identify investment options for reducing the of cost effective ground source heat pumps. need for significant transmission infrastructure • Commissioning ROAM Consulting to to new areas, while allowing greater expansion analyse the commerciality of South of intermittent wind generation; and Australia’s solar resource compared with • A study into the impact of land use planning three other States taking into account interventions on the economics of wind farms, losses associated with transporting which will assess the project costs for wind electricity over distances. The study farms locating close to existing transmission indicates that with the Olympic Dam mining lines and compare this with the costs of expansion proceeding, the South Australian opening large new wind provinces which site is the most attractive in terms of are currently not serviced by electricity revenues for a solar plant.6
5 Analysis of 10 Year Record by 3-Tier at Pimba, Port Augusta, Neuroodla and Northwest Bend. Accessible at http://www.renewablessa.sa.gov.au/investor-information/resources#Solar 6 ROAM Consulting, Solar Power Station Marginal Loss Factors, September 2010. 14 Initiative 1.1 The South Australian Government will commission landmark studies relevant to the further development of the Green Grid concept as a long term project which offers the prospect of opening a whole new province for wind generation.
Photo Starfish Hill wind farm situated on the tip of the Fleurieu Peninsula, near Cape Jervis, the first wind farm in South Australia. 15 • Supporting the development of a Pilot The information generated from them will be A small number of jurisdictions occupy leading Renewable Energy Technology Road Map for disseminated widely to improve investors positions in hosting renewable energy around South Australia by the School of Energy and understanding of the opportunities available the world. These jurisdictions, which include Resources, University College London (Adelaide). in the State. This will augment the ongoing South Australia, Denmark, Castilla and Leon The project will apply a technology and analytical work being carried out by Australian and Galicia in Spain, Scotland and Texas in economic approach to developing a scenario Energy Market Operator (AEMO) and ElectraNet the US, face common issues in transmission, based energy roadmap specifically for South on transmission planning and investment. storage and local demand management. Australia to appeal to prospective investors. One of the objectives is to ensure that South All of these jurisdictions are actively South Australia’s success in attracting around Australia’s potential, as well as its constraints, considering opportunities to address these $2.8 billion of investment in wind farms7 has are understood fully in the annual preparation of issues such as the potential of smart grids generated discussion about the ability of the the National Transmission Network Development and electric vehicles to assist in smoothing existing transmission network to host more. Plan by the AEMO. This includes consideration demand; uses for surplus power, particularly It is expected that future information of the possible construction of Scale Efficient opportunities which allow for storage; and requirements will evolve largely around Network Extensions within the State. matching discretionary demand in its timing transmission constraints and opportunities. with wind forecasts to make more use of There is also a more general need to build wind generating capacity. A contemporary assessment of the capacity of confidence that the issue can be managed. To the existing high-voltage transmission network that end, the Government is keen to learn from Addressing these issues may provide significant to support new renewable energy connections the experience of other leading jurisdictions. advantages for energy efficiency, and through in South Australia is important to support a The international leader in wind is Denmark. that, the overall cost competitiveness of the climate for further generation investment in South Australian economy. this State. To this end, RenewablesSA has In 2010, RenewablesSA hosted a public lecture supported new studies by ElectraNet, South and industry workshop by the Vice President This competitiveness is already being assisted Australia’s electricity transmission network of Denmark’s electricity division, Energinet.dk, in national terms by South Australia’s success service provider to refresh existing studies on a highly acclaimed international expert in in attracting wind investment. This boost to how much grid capacity is available for future managing the integration of high levels of competitiveness comes in the form of the wind connections taking into account renewable energy in the transmission networks. downwards pressure being exerted on wholesale technical and economic constraints. The visit focussed on strategies for managing electricity prices by concentrations of wind power the integration of high levels of wind power generation. Research into wholesale price The results are important to the large pipeline and measures such as the strength of the outcomes for 2008-10 by the Centre for Energy of locally based wind projects that developers international grid; coherent and flexible and Environmental Markets at the University have publicly announced as investment interests. energy systems; and active control of of New South Wales has concluded that: More immediately, it provides assurance to demand, including smart grid applications. investors in more advanced projects as well “The results show a clear trend for prices as those which are more prospective. Much of the analytic work on transmission to be higher on low wind power days at is focussed on selling into interstate markets. all hours of the day. This trend is quite The results of this study will be communicated pronounced in autumn, spring and winter at by ElectraNet and RenewablesSA to existing Another area for further investigation is the all hours of the day, whereas in summer the and potential wind investors. potential for re-configuring local demand major differences occur during the afternoon. to allow for greater accommodation of For low wind power days, the average daily The response to this assessment will help define intermittent renewable energy. This price profile peaks at 4pm in summer and future information needs. In the longer-term, accommodation needs to be accomplished 6.30pm in winter. For high wind power days it is anticipated that a broader study will be without compromise to security of supply. the equivalent peak times are similar for each required that helps define prospective season but the actual peak values are much transmission investments to accommodate This is an issue faced by all jurisdictions committed to supporting renewable energy lower. This suggests that during low wind geothermal, solar and additional wind power. power days, the price on average will be but especially by those that have been higher at all times of the day and there is The preparation of business cases to successful in achieving high levels of a higher chance of extreme price spikes.”8 increase interconnection into other renewable energy generation. Figure 6 States and strengthen existing transmission highlights the contribution of wind energy, Another separate analysis examined infrastructure could focus on geothermal relative to the demand and supply wholesale electricity price outcomes in South and large-scale solar farms as well as wind. environment, in the South Australian market. Australia with and without the presence of wind generation. It found prices in 2008/09 figure 6 7 Clean Energy Council, National averaged up to 50% lower with wind South Australian Wind Statistics in 2010 Wind Snapshot, July 2011. generation present in the market.9 8 Centre for Energy and System penetration record* 61% Environmental Markets (University A third, separate study has forecast that South of New South Wales), High penetration wind generation Australia’s wholesale electricity prices from Generation record 977 MW or 96%** impacts on the Australian National 2013 will rise relatively less than prices in Electricity Market, February 2011. other States in the national market because 9 Minimum demand in 2010 814 MW SKM MMA, The impact of wind 10 power in South Australia on retail of the addition of wind power generation. prices, December 2010. Maximum demand in 2010 3,321 MW 10 ROAM Consulting, Solar Power Clearly, the beneficial impact of wind on Station Marginal Loss Factors, South Australian power prices will continue * Measure of wind supply to overall system demand Source: September 2010. ** Measure of wind generation to installed wind generation capacity AEMO data 2010. for many years to come and will grow as further capacity is added. 16 Initiative 1.2 Initiative 1.3 The South Australian Government The Government will support will support studies by ElectraNet the further development of to provide a contemporary business cases for the expansion assessment of the capacity of the of electrical infrastructure existing electricity transmission to enable higher levels of network in the State, to support intermittent generation and open additional wind energy. up new, remote renewable sites.
Initiative 1.4 South Australia will seek to establish a network of the leading international provinces which have a common interest in accommodating higher levels of renewable energy at least cost and without detriment to security of supply, with the objective of pooling research and learnings from different approaches.
Photo Mr Peter Jorgensen, Vice President of Denmark’s electricity division, Energinet.dk, speaking at a RenewablesSA public lecture on 12 August 2010 on Denmark’s approach to managing the integration of high levels of renewable energy in their transmission electricity network. 17 2 / Efficient Regulation and Competitive Charges
Another important part of the Government’s It is not only wind energy that benefits from a Providing quality detailed approach to regulation is to make the State’s certain and expeditious regulatory system. Each information is important to investment climate as certain as possible. renewable energy source brings its own particular South Australia’s land use planning system requirements to the regulatory processes. increasing renewable energy is recognised by investors generally, and the investment and generation wind industry specifically, as the fairest, most For example, the framework for wave transparent and most expeditious in Australia. energy is at a particularly early stage of its in the State but there is development and is potentially affected by more that State Governments However, a recent Court decision to uphold an multiple legislation covering areas such as appeal against a wind farm development on the land use, native vegetation, foreshore access, can do to assist. basis of impacts on visual amenity in the State’s and seabed access and care. south east has the potential to undermine this Another important role is for the Government certainty for communities, the wind industry, It is important that policy is developed to is to provide a competitive regulatory and the State economy and regional economies. meet the specific needs of wave energy fee charging environment. investors, just as policy frameworks have The Government has expressed its concerns been developed for wind and geothermal The South Australian Government has already about the impacts of this unprecedented investors. This is particularly so for South taken the lead by becoming Australia’s first decision and is currently considering options Australia, which has a particularly good and only Government to provide payroll tax for restoring certainty in investment. wave resource on many of its hundreds of relief specifically for investors in renewable kilometres of coastline. energy projects. The first step is recognising that communities and local councils which host renewable The South Australian Government is working Since 1 July 2010, investors have been able to energy investment have a legitimate need to address the specific needs of wave energy have the payroll tax expense incurred in the to access to information and advice about policy with an approach that will also give construction phase of their projects rebated to existing and new developments and to have consideration to the designation of a specific them to a maximum of $1 million for wind farms their issues addressed. marine energy hub, to assist in timely and $5 million for solar farms. This payroll tax access to infrastructure, including shared rebate gives South Australia the nation’s To assist in addressing these needs, the transmission infrastructure. most competitive fee charging regime. The South Australian Government, in conjunction Government is also leading the way in with the Central Regional Local Government No matter how effective the regulatory providing efficient and certain regulation. Association, has announced that it is framework, it is important that investors For example, the Government is working to supporting the appointment of a regionally are able to navigate it as easily as possible. make its own land holdings as accessible as based representative to provide communities The South Australian Government makes freehold land to wind and solar investors. and local councils with impartial information Case Management Services available and advice on wind farms. This regionally to eligible proponents to streamline and This level of accessibility is constrained at based liaison manager will also report back coordinate development assessment present by the Pastoral Land Management to the Government on emerging issues. processes and legislative requirements and Conservation Act 1989 which limits relating to environment, heritage, native title activities on Government-owned land The initial focus of the wind farm liaison and land rights. Key considerations such as subject to pastoral lease to pastoral manager will be regions in the State that host access to transmission, water, roads and activities. Draft legislation is being released nationally significant concentrations of wind other infrastructure are also coordinated for public consultation to provide a faster farms installations such as the mid north. to expedite the delivery of major projects. excise process for land required for solar Enquiries in the first instance can be made developments and a special licence for wind with RenewablesSA. developers that provides for joint use and tenure for at least 50 years.
18 Initiative 2.2 In conjunction with the Central Initiative 2.1 Region Local Government The South Australian Association, the South Government will commence Australian Government will public consultation on draft appoint a regionally based wind legislation providing access farm liaison manager to provide for renewable investors to local communities and councils Government owned land with information and advice used for pastoral purposes. about new and existing wind farm developments in the State.
Initiative 2.3 Initiative 2.4 The Government will conduct The Government will continue a review of the capacity of to make available its Case existing regulatory processes Management Services to for marine (wave and tidal) streamline and coordinate energy with a view to put processes for obtaining in place a framework that development approval addresses the specific needs and other licensing required of these investors. for major projects.
Photo Clements Gap wind farms. 19 Initiative 3.1 Initiative 3.2 The Government will The South Australian continue to generate quality Government will provide a further information and advice in grant of $2 million to support strategic areas such as bio- the next phase of commercial fuels and develop strategies geothermal energy research at to lever support from the the South Australian Centre for Commonwealth Government. Geothermal Energy Research.
Photo The $5 million National Collaborative Research Infrastructure Strategy (NCRIS) Photobioreactor Facility based at the South Australian Research and Development Institute’s Aquatic Sciences laboratories at West Beach Adelaide, provides capability for the research and development of microalgae for biofuel production. 20 3 / Addressing Market Failures
emergence of these markets is conditional the various waste products from timber The third role for Government upon security of feedstock supply from harvesting activities, for the purpose of – after providing information suppliers acting collectively. generating heat and/or power for local consumption or feeding into the national and efficient regulation – So far, the Government has acted to support electricity grid. is addressing market failures. generation of high quality information for three bio-energy projects. As more opportunities emerge from the bio- In economic terms, climate change is a energy sector, the Government will continue market failure insofar as the costs of emitting There is considerable potential to produce to provide assistance in those circumstances are not imposed on economies and markets bio fuels from residues in the State’s forest where its involvement can assist in bringing therefore do not respond to those costs. and forest processing industries, and through together developers, suppliers and investors the development of biomass tree crops on to assess and progress projects that are The Commonwealth Government is marginally productive lands, meeting export economically viable and will add to the addressing this failure directly through its and domestic biomass energy requirements. State’s renewable energy future. Clean Energy Future initiative, which puts a price on carbon. The South Australian A grant of $300,000 has been provided to The State is also well positioned to produce Government supports this plan as it presents Syngas Ltd and Yorke Peninsula Alkaline microalgal biofuels. The South Australian a comprehensive response to climate change Soils Group to assist with biomass collection Research and Development Institute which includes policies for renewable energy field trials. There is potential to replicate (SARDI) is a world leader in research in development and deployment. the results of the field trial, which will this area. SARDI has formed the Algal be made public subject to commercial Fuels Consortium, an alliance of researchers Within this context, the rationale for sensitivity, in other areas of South Australia. including CSIRO, Flinders University and intervention by State and Regional The involvement of the State Government Flinders Partners to develop a pilot-scale Governments is based on one of two assists in generating interest among growers second generation biorefinery for sustainable conditions being met: and bringing them together to explore this production of microalgae biofuels and • Market failures created by specific local opportunity collectively. value added products. factors; and • Opportunity to prepare regional economies RenewablesSA is also providing $254,520 In partnership with the Commonwealth early for national policies so that they to RuralAus to investigate the feasibility Government, the South Australian can take advantage of opportunities and of investing in a 10 megawatt generating Government has provided funding to minimise cost impacts. plant using forest residues to create a establish the $6.2 million National clean and secure source of electricity Collaborative Research Infrastructure Through RenewablesSA, the South Australian for Kangaroo Island. Strategy Photo-bioreactor Facility to Government is acting to address this form of provide research and development In the same vein, the Government is providing market failure. services to clients, and investigate $274,000 to Clean Carbon Capture, a South microalgal biofuel production and processing. As discussed previously, one source of market Australian joint venture looking to develop failure is the lack of quality information to a bio-mass electricity plant using pyrolysis South Australia is ideally positioned support investment. This applies particularly of organic waste. The Government’s to host this and other microalgal to information about specific local factors contribution will be applied to reduce fuel production projects. where potential for market failure is high. technical uncertainties in the waste to energy conversion process, thereby improving The State has a number of locations which In South Australia, the first of these the ability of the joint venture to attract can provide low cost access to the essential conditions appears to apply particularly to investment from the farm equity market. ingredients – land, water, nutrients and the bio-energy sector. Bio-energy projects sunlight. Technological solutions in algal frequently require commitments from In 2010, Regional Development Australia biosequestration is an area in which South multiple feedstock producers acting in Limestone Coast commissioned a report Australia has disproportionately strong concert to create markets. However, often the assessing the region’s potential for utilising opportunities and strategic interests.
21 The Microalgae Biofuels Industry attractive to new investors. To that end, In the same vein, a grant of $200,000 has Development Plan for South Australia in 2009, the Government provided a been provided to the University of South (MBIDP) was completed in December 2009. foundation grant of $1.6 million for the Australia to develop a proto-type solar The final report makes 13 recommendations establishment of the South Australian thermal air-conditioning unit suited to to progress research and development, Centre for Geothermal Energy Research the residential sector. pursue market development measures at the University of Adelaide. The Centre and create a flexible policy framework to has been operational for two years and The State Government can assist local support innovative business models for has established a highly industry oriented researchers and investors to access commercialisation. A report on potential and nationally relevant research program, funds being made available as part of investment opportunities for biodiesel which has successfully leveraged close to the Commonwealth Government’s Clean for the South Australian Government $2 million in Commonwealth Government Energy Future package. One effective was completed in June 2010. and private sector support. way to do this is to use the Renewable Energy Fund to provide seed money Since then, RenewablesSA has used its role In recognition of these successes, the to assist the development of quality of disseminating information to facilitate South Australian Government is providing proposals for Commonwealth funding. discussion between farmers and the Smorgon a further $1 million from the Renewable Group. This has resulted in significant Energy Fund to the Centre and its ongoing By way of example, $1.5 million has been plantings of mustard seed as a feedstock research activities associated with provisionally allocated from the Renewable for bio-diesel. The specific strain of mustard commercialising vast geothermal energy Energy Fund to be applied to innovative seed has been created by the Smorgon Group resources in South Australia. Together with solar research and development project working in partnership with SARDI. $1 million leveraged from the Departments bids for the Australian Solar Institute’s of Primary Industries (South Australia) and funding round in the second half of 2011. A different kind of intervention is needed Trade and Economic Development, this The South Australian Government is keen to address market failure in another form brings the total Government support for the to elicit quality proposals from the research of renewable energy – geothermal energy. development of the Centre as a world-class community involving government funders, hub for practical and high priority geothermal universities and the private sector, with any South Australia has significant potential for research to $3.6 million. funding proposal seeking to leverage the geothermal energy. The State’s successes support from the Renewable Energy Fund in attracting and hosting an overwhelming The South Australian Government has also subject to individual endorsement by the amount of the nation’s project investment responded to opportunities to support the South Australian Government. and exploration licences in the sector are commercialisation of new technologies in described earlier in this report. other renewable energy areas in which the There is an emerging list of opportunities State has a comparative advantage. A grant through the Commonwealth Government’s However, it has become evident that there of $100,000 has been provided to South Clean Energy Future package. The South is a need to stimulate investment from Australian based companies Solar Shop Australian Government’s approach to more companies in the risk averse climate and Hydragate, to finalise the development allocating support from the Renewable prevailing after the Global Financial Crisis. of a solar PV tracking device for small scale Energy Fund will recognise that the principal It is beyond the role and resources of the systems. The technology being developed funding role rests with the Commonwealth State Government to involve itself directly in has the potential to be deployed in urban Government through its new climate change investing in this area. The immediate need is environments and remote, off-grid communities. funding mechanisms. to assist those that are investing to prove the potential of the State’s geothermal provinces making this form of investment more
INDUSTRIAL SCALE WIND TUNNEL Industrial Scale Wind Tunnel, currently under construction at the Thebarton Research Precinct. Image provided by Centre for Energy Technology, University of Adelaide
Photo Salamander-1 well testing at Penola, March 2010. The testing is part of Panax’s geothermal interests in hot sedimentary aquifers in the Otway Basin in South Australia. 22 Initiative 3.4 Initiative 3.3 The Government will continue to The Government will use the Renewable Energy Fund provisionally allocate to maximise the public benefit $1.5 million for joint outcomes for South Australia innovative solar research in the bio-energy, fuel algae, and development project geothermal, solar and wave bids for the Australian Solar technology generally, with specific Institute’s funding round in emphasis on assisting proponents the second half of 2011. to attract Commonwealth funds.
23 Initiative 4.1 Initiative 4.2 The South Australian Government The South Australian will invite interested parties Government reaffirms its to respond to an Expression commitment to supporting of Interest to develop models large-scale renewable energy for financing, establishing and investment by purchasing implementing community owned accredited GreenPower™ solar photo-voltaic projects in to satisfy 50% of its electricity South Australia. requirements by 2014.
Photo The 1 MW solar installation at the Royal Adelaide Showgrounds was the first megawatt 24 scale industrial roof-top solar plant in Australia. 4 / Leading by Example
The South Australian Government is also The Government’s leadership role extends Government can provide supporting the adoption of solar technologies beyond its own policies and purchasing programs. information, the right settings at the community level. The Government introduced Australia’s first feed-in scheme A particular opportunity exists in developing in regulation and use seed to accelerate the take-up of domestic solar the State’s workplace to take full advantage funding to address local panels. The next frontier is facilitating access of continued investment in renewable energy. to this technology for individuals and families There is a need to strengthen the pool of market failures. However, whose circumstances do not allow for them graduate professionals within the State, to install solar panels such as people living the Government is also an some with deep technical knowledge and in apartments and in rental accommodation. active participant in the others capable of integrating multiple economy and society itself. To this end, the Government is looking and interrelated disciplines of science, to support the development of prototype engineering and project management In this capacity, the Government can provide community-owned and operated solar farms. combined with entrepreneurial financial leadership and give the private sector skills to attract lending and investment. confidence in making its own investments. An expression of interest to identify suitable For example, the application of many models for financing, establishing and The Government will work renewable energy technologies is still at implementing community mid-scale, pilot with universities, both local an early stage. People and companies are solar photo-voltaic projects in South Australia often willing to commit but can be held back is being released with this plan. and those from overseas, to by lack of information on how technologies The overall objective is to use the application examine critical professional perform in the field. This is particularly true of up to $1 million in public funds as a catalyst of decentralised technologies such as solar for the development of a model template for needs required by employers. panels, micro wind turbines, solar thermal community-owned solar farms. It is expected applications and co-generation. that eventually this model will be used as a The objective will be to Governments committed to supporting vehicle for allowing people to take advantage establish the most suitable deployment of new and emerging of the predicted, continued fall in PV prices. technologies can assist in their roll-out mix of graduate and by using these technologies on their own At the other end of the scale, postgraduate programs, assets or sponsoring their use by others. the Government is supporting including new offerings, to The South Australian Government has been large-scale renewable active in this space. Solar panels have been best deliver future graduates installed on public buildings and schools as energy investment through relevant to industry needs. well as on major public buildings such as its purchases of power Parliament House, the Art Gallery, Museum and requirements built In addition to higher level tertiary skills and the State Library. Installation of panels generated by the State’s universities, the is now a mandatory part of the project scope into tender agreements for Government, in conjunction with industry, for all new Government office buildings and energy intensive projects. is positioning the vocational education and service centres and major refurbishments of training system to better respond to and existing buildings. match, existing and emerging skills supply One example is the Adelaide Desalination with skills demand from strategic industries, The Government has also provided the financial Plant which will require 500 GWh/annum including renewable energy. support needed for the 1 MW solar installation after an initial demand of 200 GWh/annum. at the Adelaide Showgrounds, one of the This demand for power will be met with A $125 million Sustainable Industries largest installation of its kind in Australia. renewable energy. Education Centre will be constructed at Tonsley Park to serve as a training hub for South Australia was the first government in the Now that it is operating, the building and construction sector and will nation to commit to sourcing 20 per cent of offer new training in renewable energy using local industry is drawing electricity requirements - for schools, hospitals dedicated hands-on learning laboratories. It is and government departments - from accredited upon data from its anticipated that the Centre will train around GreenPower™ sources. Those purchases will 8,000 students per annum in new building performance to provide increase to 50 per cent in 2014. materials and construction technologies. potential investors with The Government has also recognised that more detail and greater many of the State’s renewable energy certainty over smaller developments will be situated in rural areas and will place specific demands on local scale installations. labour forces. Accordingly regional skill development will need to be considered along with flexible andonline delivery of appropriate training programs. 25 5 / Moving Early to Prepare for National Policies
sparsely populated and have an excellent The State Government can wind resource. provide quality information This project has the capacity to contribute as well as streamlined 15% of the total national renewable energy and efficient information. target. It offers the potential for achieving that target at significantly less cost than the It can use its funds to address local market costs of the current model which adds wind failures and stimulate investment, and it generating capacity incrementally. can lead by example. But ultimately, State Governments operate within national For South Australia, it also offers accelerated frameworks and national policies. An de-carbonisation of the State’s economy. important way for the South Australian The competitive advantages of a low-carbon Government to support all of its renewable economy are only starting to emerge. energy sectors is to assist them to respond to Australia is not positioned well at present to these national settings and to take advantage compete in carbon-sensitive/export markets. of the opportunities they present. Assuming the national target of 20 per cent On 10 July 2011, the Commonwealth renewable energy is met, the carbon intensity Government announced the details of of electricity in Australia is projected to fall to 0.79 tonnes CO e/MWh at 2020.11 its carbon price mechanism and a number 2 of associated policies. Based on the latest available data from the This represents a profound reform for Australia’s IEA, there were 0.88 kilograms of carbon economy. It will underpin the competitiveness dioxide emissions for each kilowatt hour of of Australia’s economy by preparing the electricity and heat generation in Australia nation for a carbon-constrained world. in 2008. In comparison, as shown in Figure 7, the International Energy Agency’s estimates The South Australian Government is for 2008 shows the world average is 0.50 positioning itself to take full advantage and OECD average is 0.43 kilograms of of the many opportunities expected to carbon dioxide emissions per kilowatt flow from these reforms. hour of electricity and heat generation.12
The Commonwealth plan also offers South Australia has experienced a changing substantial financial incentives for electricity generation base in recent years new renewable energy projects. with the increasing contribution of wind to electricity supply. Data from the National The State Government expects that the many Greenhouse Accounts shows CO2-e emissions investigations it has commissioned will provide in South Australia have reduced from the foundation for quality proposals for accessing 11,063 gigagrams in 2005 to 9,802 financial assistance from the Commonwealth. gigagrams in 2009.13
These investigations include studies into three These reduced emissions have been attributed separate bio-energy projects; studies on the to the increased contribution of wind generation, Green Grid proposal, including a pre-feasibility reduced levels of imported electricity and lower study of energy storage options for South average greenhouse emissions of South Australia; electricity transmission requirements; Australian generators relative to interstate off-grid applications of renewables; micro- counterparts. These emission reductions wind turbine trials; prospectus for investment corresponded with the commissioning of over in algal fuels; and sponsored geothermal 550 megawatts of wind capacity in the State research at the University of Adelaide. over the same period, as shown in Figure 8. As part of the Green Grid feasibility study, Of these, the Green Grid project presents a Macquarie Capital estimated that an particularly outstanding opportunity. additional installation of 2,000 MW of The study commissioned by the Government wind generation in the Eyre Peninsula would has identified that a commercial case exists reduce emissions from the national grid for building 2,000MW of wind generation by a further 2.75 mega tonnes.14 on parts of the Eyre Peninsula which are
11 Projected Carbon Intensity for South Australian Renewable Energy Target in 2020” McLennan Magasanik Associates, January 2010.
12 CO 2 Emissions from Fuel Combustion Highlights (2010 Edition), International Energy Agency, December 2010. IEA estimates for intensity are based on emissions from electricity generation and heat. 13 National Greenhouse Gas Inventory, Scope 2 emissions indirect from purchased electricity, [Accessed from http://ageis.climatechange.gov.au]. 14 Macquarie Capital 2010, Green Grid – Unlocking Renewable Energy Resources in South Australia. 26 Photo Production of wind towers, RPG Australia, Kilburn South Australia. 27 The South Australian Government is committed Setting a target of 0.5 tonnes of CO2e/MWh is service industry and research capabilities. South to accelerating the de-carbonisation of the an ambitious yet achievable target. In effect, the Australia will seek to leverage the market economy for two reasons. First, to minimise State’s reliance on renewable and gas-fired opportunities thus created to build a value the costs to the economy of a carbon price electricity generation frees it from the relatively chain from deployment of renewable energy which the Commonwealth Government has high carbon intensity of the Australian economy to the development of emerging industries. announced plans to establish in 2012. taken as a whole. The job now is to capitalise Second, to better prepare our industries on that head start by constraining the State’s As part of the State Government’s to compete in carbon sensitive markets. use of carbon and attracting more renewable commitment to further develop South energy investment. This target and the measures Australia’s renewable energy industry, the To this end, the Government is releasing a outlined in this plan aim to achieve that. following initiatives are being undertaken. discussion paper to initiate consultation over • The re-development of Tonsley Park as a setting a limit of 0.7 tonnes of CO2e/MWh This new target will be included in the for new electricity generating plant in South update of targets being made to the State clean technology industry hub to provide: Australia. This limit will be the toughest in Government’s climate change legislation. – 61 hectares of prime industrial land in the Australia and will effectively prevent the southern suburbs of Adelaide to facilitate construction of new coal-fired plant in the State. To monitor progress, RenewablesSA will be the growth of the renewable energy industry preparing and disseminating regular reports with a focus on advanced manufacturing The discussion paper further proposes a case- on the current and forecast carbon intensity and knowledge intensive services; by-case approach to considering an emissions of South Australia’s electricity generation. – An estimated positive annual boost to intensity threshold for specific projects such Based on the latest data available, Figure 9 the economy of in excess of $400 million, as off-grid diesel, coal-to-syngas and coal-to- shows the relative position of South Australia a construction impact of more than $1 liquids where power generation can form part in relation to some of the other mainland billion and an employment impact of of a larger process. Stakeholder feedback States in terms of emissions intensity per unit approximately 8,700 jobs; and on the criteria to be used in considering the of electricity consumed from the grid in 2008. – World-leading research and development individual circumstances of these projects and a technology showcase to demonstrate will be sought as part of the consultation Working with DTED, this data will be advised the State’s renewable energy capabilities. to industry along with information on how process on the discussion paper. • The preparation of a compelling business businesses in other economies with high levels case to attract major national and overseas The Government also intends to set a of renewables are levering off their low-carbon renewable energy companies to South new target for the overall carbon intensity energy slate to their commercial advantage. Australia which will involve: of electricity in the State. The State Government is committed to – The identification of local supply chain and An independent report concludes that maximising the economic benefits associated local research capabilities to support the the carbon intensity of South Australia’s with South Australia’s leadership in renewable growth of the renewable energy industry; and electricity generation can fall to energy deployment. The State’s leadership in – The promotion of Tonsley Park and other 15 proposed clean technology precincts 0.5 tonnes of CO2e/MWh by 2020. use and deployment of renewable energy sources, together with the forthcoming price on set-up business operations in the State This is two-thirds of the level projected carbon and the rapid urbanisation in the high providing a springboard to local and for the rest of Australia and would bring growth economies to our north, provide us overseas market opportunities. the State into line with the international with opportunities for building manufacturing, standards for developing countries. 15 op.cit, McLennan Magasanik Associates, January 2010.
FIGURE 7
CO2 emissions from electricity and heat, 2008
1.00
0.90
0.80
0.70
kgCO 0.60 2
e/kWh 0.50
0.40
0.30
0.20
0.10
0 World OECD Non-OECD Australia
Source: IEA 2010, CO2 emissions from fuel combustion 28 Initiative 5.1 Initiative 5.3 The South Australian The South Australian Government will release a Government will report discussion paper to consult on annually on the current and limiting the carbon intensity forecast carbon intensity of new electricity generation of South Australia’s in South Australia to electricity generation. 0.7 tonnes of CO2e per MWh.
Initiative 5.2 A new emissions intensity target will be set for electricity generation in the State at 0.5 tonnes of
CO2e per MWh by 2020.
FIGURE 8 Emissions from electricity consumed in South Australia
1200 12000 Operational Wind Capacity (MW) CO
1000 10000 2 -e emissions (gigagrams)
CO2-e emissions in Gigagrams (SA)
800 8000 Installed Wind Capacity
600 6000
400 4000
200 2000
0 2005 2006 2007 2008 2009 2010 2011
Note: Graph shows commissioned wind farm capacity by the end of each calendar year. Emissions data based on scope 2 indirect from purchased electricity and is not yet available for 2010 and 2011. Source: Department of Climate Change and Energy Efficiency 2011, National Greenhouse Gas Inventory (data downloaded on 27 July 2011) and RenewablesSA data. 29 Initiative 5.4 Initiative 5.5 The Government will The South Australian Government promote the commercial will leverage the State’s benefits of investing in leadership in the deployment South Australia’s of renewable energy to build low-carbon economy, competitive new industry providing advantages for research capabilities, expand industries which compete the local value chain and create in carbon-sensitive markets. long-term green jobs.
• Cultivating the development of South – Promoting the State Government’s conduct international market analysis Australia’s renewable energy supply chain Industry Participation Policy to ensure and establish communication and product development capabilities by: both that local industry has the mechanisms to inform local industry of – Leveraging clean technology supply chain opportunity to bid for major projects, and potential export opportunities; opportunities through South Australia’s that local industry capabilities are raised – Ensure that clean technologies are major projects with an emphasis on over time to ensure full value is realised included in trade missions; and mining, mineral processing, agriculture for the State from emerging industry – Develop and publish a South Australian and infrastructure developments; opportunities; and Clean Technology Industry Directory and – Providing assistance to the commercialisation – Supporting resource efficiency initiatives establish systems to ensure that the of new and innovative clean technologies through funding of programs through Directory is kept up to date. through Commonwealth and State Innovate SA, the Business Sustainability Government support and funding, Alliance and the Eco-Innovation Program. The Department of Trade and Economic specifically through a new Cleantech • The development of a dedicated clean Development operates in partnership with a Partnering Program and improved technology export facilitation program to: wide range of industries, industry associations, collaboration between industry and – Target local renewable energy universities and research organisations, and research institutions; companies for the Gateway and is currently engaging with key businesses and – Establishing a comprehensive database Tradestart Programs; others to develop a long term plan for the South on South Australia’s renewable energy – In collaboration with Austrade and Australian Clean Technology industry. This industry capabilities by the SA Industry appropriate industry associations, plan is expected to be released later in 2011. Capability Network;
FIGURE 9 Emissions per kilowatt hour of electricity consumed from the grid, 2008
1.4
1.2
1.0 kgCO 0.8 2 -e/kWh
0.6
0.4
0.2
0 Victoria Queensland NSW/ACT Western Australia South Australia
Source: Department of Climate Change and Energy Efficiency 2011, National Greenhouse Account Factors 30 Appendix 1 − Commissioned Reports and Investor Resources General Policy Development Streamlining Regulatory Process and MMA – Potential for Renewable Energy in Draft Legislation on Accessing Pastoral Land South Australia Competitive Charging Discussion Paper on Setting an Emissions National Institute of Economic and Industry Intensity Limit for New Electricity Generation Payroll Tax Rebate for Research – The Future Prospects for Renewable Energy Projects Renewable Energy in South Australia WorleyParsons – Emissions Intensity Limit for New Utility Scale Electricity Generation Case Management Services Projected Carbon Intensity for South Australian Renewable Energy Target in 2020 Macquarie Capital Assessment of Scale Efficient Network Extension Options (Submitted to Australian Energy Market Commission) Funding Support
Investor Resources Expression of Interest for Community Solar Farms ROAM Consulting – Solar Power Station Revenue Modelling and Renewable Energy Fund Marginal Loss Factors
Macquarie Capital Green Grid Report
Resource Mapping – Wind, Solar, Geothermal
Solar Generation Data – 1MW installation at Adelaide Showgrounds (and other plant sites)
Alternative Energy Solutions Project: a business case for forest waste feedstock energy production
31 Office of the Commissioner for Renewable Energy
Level 17, 31 Flinders Street Adelaide South Australia 5000
Phone: 61 8 8204 1028 Fax: 61 8 8207 2320 www.renewablessa.sa.gov.au
Published: October 2011
Disclaimer: No responsibility for any loss or damage caused by reliance on any of the information or advice provided by or on behalf of the State of South Australia, or for any loss or damage arising from acts or omissions made, is accepted by the State of South Australia, their officers, servants or agents. Produced by RenewablesSA © October 2011. Content correct at time of printing.
Paper Stock: A Renewable Energy Plan for South Australia has been printed on the paper stock ‘Environment’ which is made from 100% post consumer waste. It is certified Processed Chlorine Free (PCF) and is manufactured using renewable energy.
Report on Impediments to Environmentally and Socially Responsible Wind Farm Development
November 2008
Contents
EXECUTIVE SUMMARY...... 1 Terms of Reference...... 1 Process to Develop Report ...... 2 Context of the Report...... 2 Key Impediments ...... 3 Other Issues...... 5 Conclusions...... 5 Recommendations...... 6 ISSUES...... 8 1 Local Amenity / Environmental Nuisance ...... 8 1.1 Turbine noise...... 8 1.1.1 Discussion...... 10 1.1.2 Suggested action ...... 11 1.2 Shadow flicker ...... 11 1.2.1 Discussion...... 12 1.2.2 Suggested action ...... 12 1.3 Blade glint...... 13 1.3.1 Discussion...... 14 1.3.2 Suggested action ...... 14 1.4 Shadow (from towers) ...... 14 1.4.1 Discussion...... 15 1.4.2 Suggested action ...... 15 2 Ecological and Heritage Impacts...... 15 2.1 Impacts on landscape...... 15 2.1.1 Discussion...... 18 2.1.2 Suggested action ...... 19 2.2 Impacts on birds, bats and other fauna ...... 19 2.2.1 Discussion...... 22 2.2.2 Suggested action ...... 23 2.3 Impacts on flora ...... 23 2.3.1 Discussion...... 26 2.3.2 Suggested action ...... 26 2.4 Impacts on heritage...... 26 2.4.1 Discussion...... 29 2.4.2 Suggested action ...... 30 3 Community Engagement...... 30 3.1 Education and Learning ...... 30 3.1.1 Discussion...... 31 3.1.2 Suggested action ...... 31 3.2 Community consultation process - Non-statutory...... 31 3.2.1 Discussion...... 32 3.2.2 Suggested action ...... 32 3.3 Community consultation process – Statutory...... 32 3.3.1 Discussion...... 35 3.3.2 Suggested action ...... 36 4 Other Issues...... 36 4.1 Variability of degree of assessment based on scale of wind farms ...... 36 4.1.1 Discussion...... 38 4.1.2 Suggested action ...... 38 4.2 Aircraft safety and lighting (leading to further impact visually and for birds) ...... 38 4.2.1 Discussion...... 39 4.2.2 Suggested action ...... 40 i 4.3 Electromagnetic interference (including BoM equipment)...... 40 4.3.1 Discussion...... 41 4.3.2 Suggested action ...... 42 4.4 Risk of fire...... 42 4.4.1 Discussion...... 43 4.4.2 Suggested action ...... 43 4.5 Risk of lightning strike...... 43 4.5.1 Discussion...... 44 4.5.2 Suggested action ...... 44 4.6 Impact on property value...... 44 4.6.1 Discussion...... 45 4.6.2 Suggested action ...... 45 4.7 Community benefit ...... 45 4.7.1 Discussion...... 46 4.7.2 Suggested action ...... 46 Attachment 1 – Wind Farm Development Working Group of Officials...... 47 Membership ...... 47 Terms of Reference...... 47 Attachment 2 – Working Group Membership ...... 48 Attachment 3 – Stakeholder Reference Group Membership ...... 49 Attachment 4 – Response To Comments From Stakeholder Reference Group .... 50
ii EXECUTIVE SUMMARY This report seeks to identify impediments to environmentally and socially responsible wind farm development and how these impediments might be addressed. This report has been prepared in response to the Environment Protection and Heritage Council’s decision of 17 April 2008 requesting its Standing Committee to report to the Council on ways to address impediments to wind farm development. The report focuses in particular on consistency and certainty about the planning and assessment process, including ongoing environmental monitoring of wind farms. Increasing scientific certainty and growing community awareness is placing increasing pressure on governments to undertake actions to address climate change. Initiatives such as the Carbon Pollution Reduction Scheme and the expanded National Renewable Energy Target will increase the competitiveness of renewable energy technologies, driving a significant expansion in investment in this sector. Wind generation, in particular, is expected to be commercially competitive and make a significant contribution to early efforts. Facilitating this development will need to take account of community concerns over the impact on their local environments as well as providing project developers and local authorities with the appropriate level of investment certainty. Wind is an intermittent resource. As such it poses particular issues for the management of electricity networks. These issues are being addressed through other fora such as the Ministerial Council on Energy, jurisdictional energy policy working groups and the managers of electricity systems and as such are not covered here, though the critical nature of the issues is acknowledged. While this issue is outside of the Report scope, the Working Group noted that connection of new wind farms to the existing network, the cost of providing the infrastructure, and in particular the potential impacts of increasing intermittent generation levels have on electricity systems and energy security, present some of the most significant challenges to successful renewable energy implementation.
TERMS OF REFERENCE The aim of the Working Group is to identify the impediments associated with wind farm development in Australia and to establish whether it is possible to enhance confidence from the community and industry in the wind farm planning and assessment processes. Its role is to:
• Settle membership of the Stakeholder Reference Group, based on a review of the membership of the existing Commonwealth working group established in 2007 to develop a National Wind Farm Code • Consult with the Stakeholder Reference Group during the development of the working group report • identify key impediments to the environmentally and socially responsible development of the wind energy projects • Develop a report on how identified impediments to wind power might be addressed, focussing in particular on consistency and certainty about the planning and assessment process, including ongoing environmental monitoring of wind farms. Consideration will be given as to how any suggestions sit in relation to relevant planning and environmental legislation • Examine whether there would be advantages in drawing the documents listed below together (in particular their key principles) under a national wind farm code • In developing the report, the Working Group should consider the following documents: – Various Commonwealth, State and Territory requirements under legislation and government policy in relation to planning and assessment for wind farm development – Existing industry tools such as Best Practice Guidelines; the Interim Standards for Assessing the Risks to Birds from Wind Farms; the National Framework for Assessing Landscape Values for Wind Farms; and the Wind Industry Accreditation Scheme. The full Terms of Reference are in Attachment 1. Twenty four recommendations are made to strengthen best practice in wind farm development so as to enhance community and industry confidence in wind farm planning and assessment processes. The primary recommendation is that a set of National Wind Farm Development Guidelines be developed under the auspices of and adopted by the Environment Protection and Heritage Council and for the consideration of the Local Government and Planning Ministers’ Council.
1 PROCESS TO DEVELOP REPORT A Working Group of Officials representing the Commonwealth Government (chair), the governments of New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania and a representative of the Local Government and Planning Ministers’ Council developed the Report. Membership is in Attachment 2. A Secretariat was provided by the NEPC Service Corporation. Consultants from Hydro Tasmania Consulting assisted with drafting and technical advice. New Zealand’s regulations, policies and guidelines regarding wind farm development have been included for information. However, these documents have not been considered in the broader discussion of each issue. The Working Group on Wind Farm Development consulted a Stakeholder Reference Group (SRG) consisting of representatives of the wind energy industry, local government, farming interests, community groups in support of and against wind farms, Indigenous interests, and professional organisations such as Birds Australia, the Planning Institute of Australia, the Australian Council of National Trusts and the National Trust of Western Australia. Membership of the SRG is in Attachment 3. This is a report of the Working Group of Officials. While the SRG has been consulted during the report’s development, the report reflects the advice of officials and does not necessarily represent the views of the SRG. Where issues raised by SRG members during the consultation process have not been agreed as substantive issues in the report, they have been captured in Attachment 4, together with a response from the Working Group.
CONTEXT OF THE REPORT Through the Council of Australian Governments, all governments have agreed that support for zero and low emissions technologies, such as wind energy, is essential to addressing climate change effectively. Wind power, at a level that is economically, socially and environmentally sustainable, and in locations that are best suited to this renewable energy technology, is an essential and growing component of Australia’s energy supply. Australian Government’s Renewable Energy Target There has been a rapid rise in the development of wind farms in Australia, stimulated in large part by the Australian Government’s Mandatory Renewable Energy Target (MRET), but also by the Victorian Renewable Energy Target (VRET) and proposals for similar schemes in other jurisdictions. This development will be further stimulated by the Commonwealth’s commitment to implementing an expanded National Renewable Energy Target (RET) scheme that will:
• Ensure the equivalent of at least 20% of Australia’s electricity supply (approximately 60,000 gigawatt hours) is generated from renewable energy sources by 2020. • Increase the Renewable Energy Target to 45,000 gigawatt hours to ensure that, together with the approximately 15,000 gigawatt hours of existing renewable capacity, Australia reaches this target by 2020. • Absorb state and territory renewable energy targets into a single national scheme. This 20% Renewable Energy Target will drive significant investment in wind farms. Drivers for investigating better wind farm-related processes Wind energy has the potential to deliver a significant proportion of Australia’s future electricity needs and greenhouse gas abatement. Building community acceptance of this technology is vital to the continued development of the wind industry in Australia. There is some community concern about wind farm development which can be divided into two categories. The first relates to questions regarding the benefits of the technology, such as the level of greenhouse gas abatement delivered by wind farms and government support for wind farm development in this context. The second category relates to concerns about the potential for wind farms to impact negatively on landscape values, heritage and threatened species, and the physical impacts of wind farm operations on people, such as from turbine noise. The wind energy industry has called for greater national consistency and transparency in wind farm planning and assessment processes and expressed a willingness to work with governments to develop nationally consistent approaches.
2 Wind farm development will benefit from governments acting collectively to deliver a higher degree of consistency and certainty about processes for the planning, assessment and environmental performance monitoring of wind farms, including community consultation and engagement. The recommendations in this report are intended to stimulate public and industry confidence in wind farm planning and approval processes. Roles and responsibilities of governments and of the wind industry States and territories have the major responsibility for legislative frameworks for the approval of wind farms. Most jurisdictions have guidelines and other policy instruments relating to the development and siting of wind farms. Local government frequently has an active role in implementing this legislation. The Commonwealth’s jurisdiction in respect of wind farm developments is limited to matters of national environmental significance as listed under the Environment Protection and Biodiversity Conservation Act 1999. However, the Australian Government has played an active role in facilitating the sensitive development of Australia’s wind power potential and has already laid some of the groundwork for a better nationwide approach to wind energy industry development. Support has been given to assist the Australian wind industry to embark on the development of best practice guidelines for the development of wind farms in Australia, other related materials and associated activities such as national and international conferences. The peak industry group (Auswind, now part of the Clean Energy Council) established, with Australian Government funding support, best practice guidelines. In collaboration with the Australian Council of National Trusts, it was then funded to develop a national framework for assessing the impact of wind farms on landscape values with the aim of improving industry standards in understanding and managing impacts of wind farms on landscape and the community. Major steps have been taken in improving wind farm planning and development processes across jurisdictions. However, some stakeholder groups believe that wind energy industry development would benefit from governments acting collectively to deliver a higher degree of consistency and certainty about the planning, approval and operation of wind farms, including in relation to community consultation. Against this background, in April 2008 at the 16th meeting of the Environment Protection and Heritage Council, all Commonwealth and State environment ministers agreed to consider options to encourage the responsible development of wind farms and improve the efficiency and effectiveness of decision making. They asked their Standing Committee to appoint a Working Group to examine how impediments to the uptake of wind energy might be addressed, including whether there would be advantages in establishing a national code for wind farms. They were also asked to establish and consult with a Stakeholder Reference Group, drawing on the membership of an existing Commonwealth working group. Technical impediments such as how to better integrate wind power into the grid have been dealt with in other fora and such matters are not the focus here. For example, variability in electricity supply from intermittent non-scheduled wind generators can potentially have implications on the functioning of the National Electricity Market (NEM). Under the recent changes made to the National Electricity Rule, all new intermittent generators (such as wind) that are larger than 30MW will be required to register with NEMMCO as “semi-scheduled” generators. The implementation of the new Rules is expected to improve the overall reliability and security of supply.
KEY IMPEDIMENTS The Working Group on Wind Energy Development has identified a number of issues that can be broadly described as impediments to the environmentally and socially sustainable development of wind farms. Care needs to be taken in using the term “impediment”. Many of the issues identified by the Working Group have their genesis in concerns raised by the community (and sometimes also by the wind energy industry). Such issues are viewed as impediments in the sense that failure to deal effectively with them will result in continuing concern in the community about wind farm development. However, there are also limitations to the extent to which all community expectations can be satisfied and ultimately it is a matter for elected governments to determine where the balance of public interest lies. It should be noted that many wind development issues are shared by other types of development and as such, the Working Group recommends against developing dedicated approaches that place additional requirements on wind farm developers relative to the proponents of other development activities. The Working Group has also endeavoured to distinguish between substantive impediments that require attention and issues of perception that may require further explanation to the community. To this latter end, there is a need for improved public education about wind farm development and its contribution to meeting national and state renewable energy generation objectives and targets. 3 The impediments identified by the Working Group are broadly categorised in the following way: 1. Local Amenity/Environmental Nuisance: a. Turbine noise b. Shadow flicker – occurs when the rotating blades cast a flickering shadow across the ground or nearby structure c. Blade glint – occurs when sunlight on the rotating blades reflects flickering beams of light d. Shadow from towers 2. Ecological and Heritage impacts: a. Impacts on landscapes b. Impacts on birds, bats and other fauna c. Impacts on flora d. Impacts on heritage (Indigenous and non-Indigenous) 3. Community engagement: a. Education and learning b. Community consultation process – non-statutory c. Community consultation process – statutory 4. Other issues: a. Variability of degree of assessment based on scale of wind farms b. Aircraft safety and lighting c. Electromagnetic interference d. Risk of fire e. Risk of lightning strike f. Impact on property value g. Community benefit The Working Group found that some of these issues are well addressed in current jurisdictional practices, some less so. In particular, areas needing further attention are:
• Noise, where a renewed effort is needed to finalise a national standard on measuring noise from turbines. In addition, there are some types of noise currently not covered by the draft Australian Standard and consideration should be given to monitoring and prediction of these noise sources.
• Shadow flicker, where there is no national modelling methodology on which to specify targets.
• Blade glint, where there is no national requirement that blades should be finished with a surface treatment of low reflectivity.
• Impacts on Landscape, where there is limited guidance on nationally consistent approaches in assessing impact of wind farm development on landscape values.
• Impacts on Birds, Bats and Other Fauna, where there is no nationally consistent methodology for assessing potential impacts on birds and bats.
• Heritage issues are not specific to wind farms but are relevant nonetheless. It is suggested that best practice assessment in relation to Indigenous heritage values should integrate consultation and landscape assessment with the examination of physical remains of past Indigenous activity.
• Education and learning, which has been historically undertaken by the wind industry, but where there is an increasing role for governments, in partnership with industry, in educating the community about renewable energy.
• Non-statutory community engagement used by developers, where it is suggested that earlier engagement is preferable, in order to build public confidence in the process, starting with site selection.
• Variability of degree of assessment according to impacts rather than just based on scale of wind farms, to emphasise that risk and impact vary according to the circumstances of individual proposals and the locale. Variability in the degree of assessment is desirable to ensure that the rigour of the assessment is appropriate to the environmental risk of the project.
• Aircraft safety and lighting, regarding the responsibilities of the Civil Aviation Safety Authority (CASA), Air Services Australia and the Department of Defence and the insufficiency of CASA’s Advisory Circular 139-18. CASA will now undertake an appropriate safety study into aviation and wind farms and will develop a new set of guidelines in consultation with industry and other stakeholders.
4 • Electromagnetic Interference (EMI) is a complex issue and which requires further clarification on how wind farm developers should address impacts on parties affected by EMI.
• Risk of fire, which is typically addressed by local regulatory frameworks, and is best handled through improved consultation with local and regional fire authorities.
OTHER ISSUES Cumulative Impact The Working Group agreed that, while cumulative impact is not a consideration unique to wind farm development, potential impacts on environmental matters such as landscape values and threatened species merit consideration. These impacts ideally should be understood in a cumulative context that cannot readily be considered in isolation of the potential impacts from other developments. The Working Group noted that very little guidance appears to exist in relation to the assessment of cumulative impacts. During the development of the recommended National Wind Farm Development Guidelines, further consideration should be given as to appropriate methodologies for identifying and assessing cumulative impact.
Decommissioning of Wind Farms The Working Group agreed that, when a wind farm is to be decommissioned, best practice would require a ‘closure’ plan be developed identifying how decommissioning will be implemented and where materials would be taken for disposal and recycling. The rehabilitation of the site would be a significant component of such an Environment Management Plan.
CONCLUSIONS Government-developed National Wind Farm Development Guidelines In developing the Report, the Working Group considered a plethora of legislative requirements, government policy and regulation in relation to wind farm assessments and, to the extent that they exist, best practice guidelines in all jurisdictions. In addition, it examined industry resources such as industry Best Practice Guidelines and frameworks for the assessment of landscape values and of birds. The Working Group agreed that the assessment and approval systems in jurisdictions are generally robust and working well, and that many issues identified in this report are being adequately dealt with through existing processes. Each of the jurisdictions has a well-developed process for the approval of new developments, including the assessment of potential environmental impacts. These processes are generally supported by a range of documentation, including policies, regulations, guidelines, zoning schemes, planning overlays and the like. Planning regulations also define the responsible authority, the statutory consultation process (including nature and length of public exhibition periods), the review process and rights of appeal. While the generic nature of the processes and documentation is similar between jurisdictions, there are local differences due to the historic development of these in each jurisdiction. These processes apply to all developments and not just to wind energy developments. This report does not propose changes to statutory arrangements. However, the Working Group concluded that there is merit in developing government-endorsed National Wind Farm Development Guidelines to deliver a higher degree of consistency and transparency in the planning, assessment, approval and environmental monitoring of wind farms. These Guidelines would assist in building community acceptance and support for wind energy developments. The existing guidance documents described above and outlined in more detail in the body of this report should be used as the starting point for the development of the proposed National Wind Farm Development Guidelines. The Working Group considers that at this time, the development of National Wind Farm Development Guidelines is preferable to a national wind code. The National Wind Farm Development Guidelines could be endorsed and adopted as a matter of policy by jurisdictions to support their existing planning and environmental approval systems. The “best practice” model is preferred because it can provide greater national consistency in how the matters it covers are addressed and can be readily incorporated into jurisdictions’ existing regulatory practice without the need for amendments to statutory schemes. Similarly, the National Wind Farm Development Guidelines could be adopted as a key reference document by local government authorities.
5 Some stakeholders would prefer to see an approach which went beyond the adoption of the proposed National Wind Farm Development Guidelines. As a first step, they would prefer to see the incorporation of the Guidelines into the statutory planning processes, with the objective of the Guidelines becoming a `mandatory relevant consideration’ in the statutory process. The Working Group considers that the appropriate scope of the National Wind Farm Development Guidelines would cover each phase of a wind farm project’s evolution – site selection, assessment, planning application, construction, monitoring, decommissioning and site rehabilitation, and would focus on providing technical guidance to the assessment of wind farm development proposals through identification of principles and assessment methodologies. A major element of the National Wind Farm Development Guidelines would be clear and transparent guidance for wind farm developers on the nature of community consultation, which should commence at the earliest stage of the project. Additional tools such as standards, methodologies and nationally consistent frameworks, should be developed in conjunction with the guidelines and referenced by them. Specific recommendations are made in this regard. Their timely implementation will be essential to achieving greater national consistency in the wind farm development process. The SRG expressed a view that on several issues, turbine noise being the key example, the objective of achieving greater national consistency should extend to setting methodologies and targets against which the development and operation of wind farms could be assessed and monitored. The Working Group has concluded that while there could be value in setting national targets for some of the issues raised in the report in the longer term, the immediate priority is to focus on developing the tools and methodologies needed to more effectively measure performance. The Working Group also notes that jurisdictions already have thresholds/targets in relation to issues such as turbine noise and that some of these are embedded in legislation. These are quite often specifically tied to the assessment methodology prescribed. The Working Group is concerned that without first developing agreed national methodologies for measuring impacts, any process for setting targets risked being driven towards a lower common denominator. Consideration of targets would logically follow this work. To assist with transparency, the National Wind Farm Development Guidelines should provide clear direction on principles applicable to each area of wind farm development, supported by agreed methods for assessing each technical issue addressed in the Guidelines. A code is the less preferred approach because it would be viewed as having its own legal basis and the Working Group does not believe there is a compelling rationale for a mandatory approach, ie, the existing regulatory arrangements are effective. While mandatory codes are about identifying minimum threshold practices, best practice is about raising standards in order to enhance and sustain confidence. The best practice model is the preferred approach because it focuses on identifying and articulating “good” or “best” practice and setting out norms to which developers should aspire. Best practice models also provide specific benchmarks against which practice can be monitored and good practice implemented. The National Wind Farm Development Guidelines would not cover engineering or commercial considerations such as infrastructure, electrical connections, structural safety and economic viability analyses.
RECOMMENDATIONS The Working Group recommends that: 1. National Wind Farm Development Guidelines be developed and adopted as a matter of policy by state and territory jurisdictions to support their existing planning and environmental assessment and approval processes. 2. The National Wind Farm Development Guidelines cover the following key elements: site selection, planning, application development, assessment, construction, monitoring, decommissioning and site rehabilitation. Particular attention in the Guidelines should be given to community consultation throughout the wind farm development process. Consideration should be given to the appropriate approach to addressing cumulative impacts. 3. The Working Group conduct the development of the National Wind Farm Development Guidelines, including assessment of relevant issues, drawing on technical expertise as required. This work would cover technical assessment of key documents, consultations with the Stakeholder Reference Group and, if appropriate, a broader public consultation process.
6 4. The National Wind Farm Development Guidelines draw on all key documents and resources available in jurisdictions, as well as the resources developed by the industry. 5. Specific matters to be covered in the National Wind Farm Development Guidelines should include: 5.1. Prediction and post-construction monitoring of noise generated by wind turbines. 5.2. Blade glint – include a requirement that blades should be finished with a surface treatment of low reflectivity. 5.3. Non-statutory community engagement process by the developers - promote the principle of an earlier engagement with communities. 5.4. Variability of degree of assessment according to impacts rather than based on scale of wind farms - promote a best practice approach which allows flexibility in assessments based on risk. 5.5. Risk of fire – encourage better consultation with local and regional fire authorities. 5.6. Aircraft safety and lighting – CASA has recently advised it will withdraw Advisory Circular 139-18 and will undertake an appropriate safety study into aviation and wind farms as a precursor to developing a new set of guidelines. 5.7. Electromagnetic Interference (EMI) – should include advice on how wind farm developers should address impacts on parties affected by EMI. 5.8. Relevant case studies that demonstrate best practice. 5.9. If necessary, practice notes to help users of the guidelines in their interpretation and application. 5.10. Heritage – promote best practice assessment in relation to Indigenous heritage values which should integrate consultation and landscape assessments with the examination of physical remains of past Indigenous activity. 6. Work be commissioned to develop tools such as standards, methodologies and frameworks for later incorporation into the National Wind Farm Development Guidelines, including: 6.1. Noise – provide a consistent methodology for evaluation of noise, preferably through finalisation of the draft Australian Standard. 6.2. Shadow flicker – develop a standard modelling methodology as a basis for targets which individual jurisdictions may specify. 6.3. Impacts on Landscapes – develop a nationally consistent best practice approach in assessing impacts of wind farm development on landscapes values using the National Assessment Framework, WA Visual Landscape Planning Manual and other key guidelines. 6.4. Impacts on Birds, Bats and Other Fauna - develop nationally consistent methodology for assessing potential impacts on birds and bats with the approach to be peer reviewed by experts. 7. The nomenclature of “impediments” should be dropped from the next phase of this project. 8. Further consideration should be given as to appropriate methodologies for assessing cumulative impact. 9. Continued investment should be made in education campaigns about renewable energy and the benefits of wind farms. 10. In light of the significant expansion of wind farms expected in the coming decade, the EPHC accords a high priority to the body of work recommended in this report, with challenging but realistic timeframes being set for its completion, including that the guidelines be completed within 12 months. 11. The EPHC agrees that there would be value in undertaking a post-implementation review of the guidelines and outcomes from the associated activities identified in Recommendation 6 to assess the effectiveness of the systems developed. 12. The EPHC agrees to the publication of this report and its dissemination to key target groups including local government, interested community groups and professional associations.
7 ISSUES The following issues have been identified as potential environmental and social impediments to the development of wind energy:
1 LOCAL AMENITY / ENVIRONMENTAL NUISANCE
1.1 TURBINE NOISE Noise is produced by wind turbines as their blades pass through the air. The effect of noise diminishes with distance from the source; however, noise levels can be affected by the number of turbines, the background noise conditions and the wind speed and direction. Issues which may arise regarding noise relate to the volume, timing and/or character of the noise produced.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: The SA Environment Protection Authority (EPA) standard has been adopted as NSW’s turbine noise assessment policy. • Environmental Noise Guidelines: Wind Farms (SA EPA, 2003) A “dwelling” where noise criteria are to be met under the standard • The Best Practice Guidelines for Implementation of consists of existing dwellings and sites where a Development Application Wind Energy Projects in Australia (AWEA, 2006) for a dwelling is before Council. Previous planning decisions (eg Woodland Wind Farm) have extended this definition to include any vacant lot legally existing at the date of the Consent and upon which a residential dwelling would be permissible at the same date. The potential for future subdivisions has been explicitly denied.
Queensland Government regulations and guidelines
The relevant regulations, policy and guidelines are: There are no specific regulations for turbine noise from wind farms; however, the identified regulations, policy and manual contain • Environmental Protection (Noise) Policy 1997 provisions relating generally to nuisance noise. • Environmental Protection Regulation 1998 Section 2A The current EPP (Noise) is presently being re-drafted and an associated state planning policy addressing noise is in preparation. Neither will • Noise Measurement manual – third edition include specific provisions relating to wind farm noise, but they will provide a policy base for minimising and mitigating impacts of noise arising from development. Previous planning decisions (eg Crows Nest Wind Farm) have identified the New Zealand1 (NZ) standard as the applicable standard.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: It is a mandatory requirement for the relevant authority to refer wind farm applications to the EPA for advice. The relevant authority must have • Wind farms environmental noise guidelines regard to EPA advice, but is not bound by it. (interim)(December 2007) • Environment Protection (Noise) Policy 2007 under EPA guidelines require an applicant to undertake a noise study which is the Environment Protection Act 1993 assessed by the EPA against the Policy. • Relevant Development Plan policies The Guidelines provide technical advice on noise study requirements. Development Plan policies seek to ensure development does not create noise nuisance.
1The New Zealand Standard ( NZS 6808:1998) Acoustics - The assessment and measurement of sound from wind turbine generators is currently being reviewed. It is scheduled to be released in October 2009.
8 Description Comment Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines require compliance with the draft EPP and the New Zealand standard. • General Guidelines for the Preparation of a Development Proposal and Environmental Previous planning decisions (eg Musselroe Wind Farm) have modified Management Plan for Wind Energy Projects the New Zealand standard to replace the L 95,10min acceptability limit with (DPIWE, 2004) the L 90,10min acceptability limit to be consistent with the draft EPP. • New Zealand Standard NZ 6808:1998 Acoustics – the Assessment and Measurement of Sound from Wind Turbine Generators • Draft Environmental Protection Policy (Noise) and Impact Statement (December 2006)
Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that a wind energy facility should comply with the noise levels recommended for dwellings in the New Zealand standard. • Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (SEAV, 2003) Victorian Planning Panels (eg Bald Hills EES) have previously specified a • New Zealand Standard NZ 6808:1998 Acoustics – version of the New Zealand standard with the following modifications: the Assessment and Measurement of Sound from • separate consideration of day and night periods, with night Wind Turbine Generators specified in accordance with SEPP N-1 • State Environmental Protection Policy (Control of • averaging within New Zealand standard was considered Noise from Commerce, Industry and Trade) No. N-1 appropriate for the day/evening period • for the night period, maxima should also be considered and that maxima should not exceed the NZS6808 limits for more than 10% of the night period Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The WA Guidelines state that, to avoid adverse noise impact on the surrounding community and/or residential areas, wind farm • Guidelines for Wind Farm Development Planning developments should include sufficient setbacks to these areas and Bulletin 67 (WAPC, 2004) recommend approximately 1km distance between the turbine and the • Environmental Protection Act (Western Australia) noise-sensitive building. They also suggest that acoustic studies can be 1986 carried out if necessary by the proponent. The relevant planning • Environmental Protection (Noise) Regulations WA authority would then determine the acceptability of the development. 1997 The Guidelines also state that no formal policy has been adopted in WA • Environmental Noise Guidelines: Wind Farms (SA at this stage.
EPA, 2003) Noise issues are addressed in the Act and also governed by the • Guidance for Assessment of Environmental Factors Regulations. The Department of Environment and Conservation (DEC) (in accordance with the Environmental Protection endorses the criteria and approach of wind farm assessment based on Act 1986) background noise levels, as described in the SA Guidelines. The WA Environmental Noise Draft No.8 EPA 2007 Guidelines state “These guidelines (SA) provide that wind farm developments should be constructed and designed to ensure that noise generated will not exceed 5dB(A) above the background sound level or 35dB(A) whichever is greater”. In the Shire approval of the Emu Downs Wind Farm, the South Australian standard was modified to require noise compliance at all existing premises on adjoining properties and at future premises constructed on adjoining properties. No limitations were included on the latter condition to prevent it applying to residences built on future subdivisions of adjoining properties.
9 Description Comment Wind Industry guidelines
The relevant documents are: The Guidelines note that noise is to be accounted for in wind farm layout, with consideration given to existing and future dwelling locations. They • The Best Practice Guidelines for Implementation of also identify this issue as potentially requiring detailed assessment. Wind Energy Projects in Australia (AWEA, 2006) Appendix 7 of the Guidelines refers to the New Zealand Standard NZS 6808:1998 Assessment and Measurement of Sound from Wind Turbine Generators and the South Australian EPA Environmental Noise Guidelines: Wind Farms. It also refers to the Australian Standard DR 04173 Measurement, Prediction and Assessment of Noise and Wind Turbine Generators which was released for public comment in March 2004. The Guidelines note that discussion will be required with the local council and relevant EPA to determine the methodologies that should be employed and limits that should be applied. They also identify the need for background monitoring to verify and improve noise modelling, particularly at noise-sensitive residences. They also recognise the need for the wind farm owner to address and rectify demonstrated post- construction non-compliances with noise standards.
Other regulations and guidelines
The relevant documents are: The draft Australian Standard is currently being finalised.
• Australian Standard Draft. DR 07153 CP: Acoustics – Measurement, prediction and assessment of noise from wind turbine generators. New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: The New Zealand Standard has no statutory effect under the Resource Management Act 1991 which has led to its inconsistent application across • New Zealand Standard NZS6808 Acoustics - The jurisdictions. The New Zealand standard is currently under review. Assessment and Measurement of Sound from Depending on the outcome of the review one option might be to Wind Turbine Generators. incorporate the revised standard into a National Environmental Standard • Energy Efficiency and Conservation Authority which would give the document statutory standing under the RMA. (EECA) – Guidelines for Local Authorities: Wind Applicants would then be required to comply with the standard and Power August 2004. Local Government would be obliged to amend their plans to conform to the standard and would also have to justify any rules or consent • Energy Efficiency and Conservation Authority conditions that were more stringent than the standard. (EECA) Report – Low frequency noise and infrasound from wind turbine generators: a The EECA guidelines refer to the NZS6808 when discussing construction literature review. and operation noise effects at a general level. The Ministry for the Environment is currently drafting a more comprehensive guidance note • New Zealand Wind Energy Association Fact that will be made available on the Quality Planning website Sheet 6 – Sound. (http://www.qualityplanning.org.nz/).
1.1.1 Discussion There are two noise standards currently in use across the jurisdictions — the New Zealand standard and the South Australian standard. The New Zealand standard includes a separation of day/night periods with a higher threshold2, and the SA standard averages over the entire day but uses a lower threshold depending on location3. The standards also use different models for calculation of noise levels, with the New Zealand standard generally being conservative, and thus offsetting the difference in thresholds between the two standards. The practical result is that both generally yield equivalent results. Even when a jurisdiction identifies a relevant standard for application, these standards are often modified for local interpretation of the standard (refer to the comments box). The lack of consistency between jurisdictions and the lack of guidance regarding application of the standards creates a significant impediment to developers. An Australian Standard is currently under development. The standard specifies a method of noise assessment specific to wind farms, with individual jurisdictions responsible for setting thresholds against
2 The community may be more comfortable with separate consideration of the night period, particularly in rural communities where background noise levels at night can be very low.
3 The NZ standard uses a threshold of 40dB(A) whereas the SA standard uses 35dB(A) in general or 40dB(A) in primary rural production zones. 10 this methodology. It has been under development for many years and has been on public display twice — first in 2004 and again in 2007. The draft is currently being finalised by Standards Australia. It should be noted that the 2007 draft Standard, does not address such noise sources as infrasound, low frequency noise (noise outside the normal auditory range of the human ear), impulsivity, and low frequency modulation of broad band or tonal noise. It also does not include noise from service equipment, switchyards and substations. Cross-references to relevant Australian and international standards are provided for these other noise sources. The focus of the existing standards is the noise from wind farm operations. There is also a lack of clarity regarding the period of post-construction monitoring which may range from 1 year up to 3 years. Some stakeholders have raised concerns about the consistency and validity of either of the two current standards, particularly as to whether the modelling accurately reflects post-installation noise levels.
1.1.2 Suggested action The draft Australian Standard needs to be finalised and issued for implementation across all jurisdictions. This should include an independent assessment of the predictive capability of the proposed modelling method against actual post-installation noise measurements. The new proposed National Wind Farm Development Guidelines should include the requirement for prediction and post-construction monitoring of noise generated by wind turbines. In conjunction with the proposed National Wind Farm Development Guidelines, a consistent methodology for evaluation of noise should be provided, preferably through finalisation of the Australian Standard.
1.2 SHADOW FLICKER Shadow flicker is produced by blades breaking the plane between the sun and a receiver. This modulates the intensity of light received and can produce a “strobing” effect that could pose a nuisance or distraction hazard to drivers, for instance. The degree of shadow flicker can be affected by the proximity of the turbines relative to high traffic areas and residences.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements established on a project-by-project basis. They typically specify consideration of shadow flicker. • Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (SEAV, 2003) Assessments typically adopt guidance provided in Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (SEAV, 2003). This specifies no more than 30 hours per year.
Queensland Government regulations and guidelines
See http://www.epa.qld.gov.au/environmental_mana No specific Queensland statutory land use planning or development gement/coast_and_oceans/coastal_management/ assessment instruments. However, policy covering landscape and amenity under the State and regional Coastal Management Plans would be applied in the assessment of a wind farm application in the coastal zone. Additionally, local government planning instruments may include provisions.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to avoid or minimise nuisance or hazard by way of shadow, flickering, reflection and blade glint
• Relevant Development Plan policies impacts. • Planning Bulletin – Wind Farms – Draft for Consultation (August 2002) Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Sections 4.7 Visual effects and 4.13 Health and safety issues of the • General Guidelines for the Preparation of a Guidelines require the assessment of the effects of shadow flicker and Development Proposal and Environmental Management blade glint on nearby residences and road users. Plan for Wind Energy Projects (DPIWE, 2004)
11 Description Comment Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that the shadow flicker experienced at any dwelling in the surrounding area must not exceed 30 hours per year as • Policy and Planning Guidelines for Development of a result of the operation of the wind energy facility. Wind Energy Facilities in Victoria (SEAV, 2003) Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that shadow flicker, overshadow (from towers) and blade glint below can affect the local amenity of an area, and • Guidelines for Wind Farm Development Planning modelling can determine the affected areas. They also note that the use Bulletin 67 (WAPC, 2004) of low reflectivity materials and careful siting and design can minimise • Visual Landscape Planning in WA: a manual for these issues. evaluation, assessment, siting and design (WAPC, 2007) This is reflected in the Manual. Wind Industry guidelines
The relevant documents are: The Guidelines note that shadow flicker is to be accounted for in wind farm layout, with consideration given to existing and future dwelling
• The Best Practice Guidelines for Implementation of locations. They also identify this issue as potentially requiring detailed Wind Energy Projects in Australia (AWEA, 2006) assessment. • Wind Farms and Landscape Values : National Assessment Framework (AWEA and ACNT, 2007) No specific targets are set in the Guidelines or the Framework. New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: These Guidelines address shadow flicker at a high level and note that it is unlikely to be an issue in New Zealand because the separation • The Resource Management Act 1991 distances required for noise mitigation are usually sufficient to prevent • Efficiency and Conservation Authority (EECA) – this effect. Guidelines for Local Authorities: Wind Power August 2004 Further guidance on shadow flicker will be included in a forthcoming guidance note being prepared by the Ministry for the Environment.
1.2.1 Discussion Only two jurisdictions, New South Wales and Victoria, specify a target for shadow flicker. Both specify the same target of 30 hours per year4. There is a lack of clarity as to the appropriate modelling methodology. Factors affecting the modelling that need to be specified include: method of adjustment for cloud cover, distance from a turbine over which shadow flicker can be considered noticeable, method of accounting for vegetation and surface topology, method of accounting for changes in wind direction, influence of general atmospheric visibility, how the sun is modelled (disk or point) and period over which the assessment is carried out. The assumptions used in an analysis are important to the outcome and should be specified.
1.2.2 Suggested action In conjunction with the proposed National Wind Farm Development Guidelines, develop a standard methodology for modelling shadow flicker and metrics for quantifying its impact against which jurisdictions may specify targets.
4 The limit of 30 hours/year is derived originally from a German court ruling in which the judge deemed this an acceptable limit. While not universally accepted, it is widely used internationally. Subsequent studies have shown that it can also be important to take into account the time of day and year at which shadow flicker occurs. Shadow flicker on summer evenings was shown to cause the greatest annoyance due to use of outdoor areas; however, setting of limits that vary with the time of day and year are likely to be arbitrary, will potentially open any limits to question and reduce the certainty and transparency of the assessment framework. 12 1.3 BLADE GLINT It is possible for sun reflecting off untreated blades to produce a flash observable to a human receiver. This flash could just be a nuisance or it may pose a distraction hazard to drivers, for instance. The degree of blade glint can be affected by the position of the turbines relative to high traffic areas and the nature of the blade materials.
Description Comment New South Wales Government regulations and guidelines
Assessment requirements established on a project-by-project basis. They typically specify consideration of blade glint.
Queensland Government regulations and guidelines
See http://www.epa.qld.gov.au/environmental_ma No specific Queensland statutory land use planning or development nagement/coast_and_oceans/coastal_management/ assessment instruments. However, policy covering landscape and amenity under the State and regional Coastal Management Plans would be applied in the assessment of a wind farm application in the coastal zone. Additionally, local government planning instruments may include provisions.
South Australian Government regulations and guidelines
The relevant documents are: Development Plan policies seek to avoid or minimise nuisance or hazard by way of shadow, flickering, reflection and blade glint impacts. • Relevant Development Plan policies • Planning Bulletin – Wind Farms – Draft for Consultation (August 2002) Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Sections 4.7 Visual effects and 4.13 Health and safety issues of the Guidelines require the assessment of the effects of shadow flicker and
• General Guidelines for the Preparation of a blade glint on nearby residences and road users. Development Proposal and Environmental Management Plan for Wind Energy Projects (DPIWE, 2004) Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that blades should be finished with a surface treatment of low reflectivity to ensure that glint is minimised. • Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (SEAV, 2003) Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that shadow flicker, overshadow (from towers) and blade glint below can affect the local amenity of an area, and modelling
• Guidelines for Wind Farm Development Planning can determine the affected areas. They also note that the use of low Bulletin 67 (WAPC, 2004) reflectivity materials and careful siting and design can minimise these • Visual Landscape Planning in WA: a manual for issues. evaluation, assessment, siting and design (WAPC, 2007) This is reflected in the Manual. Wind Industry guidelines
The issue is not specifically mentioned in the Auswind Best Practice Guidelines or in the Wind Farms and Landscape Values: National Assessment Framework.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: These guidelines address blade glint at a high level and note that its effects can generally be mitigated by sensitive turbine layout and the
• The Resource Management Act 1991 use of matt paints. • Energy Efficiency and Conservation Authority (EECA) – Guidelines for Local Authorities: Wind Further guidance on blade glint will be included in a forthcoming Power August 2004 guidance note being prepared by the Ministry for the Environment.
13 1.3.1 Discussion Only one jurisdiction, Victoria, requires remedial action in the form of a surface treatment of low reflectivity. Application of a low reflectivity surface treatment is now standard practice for wind turbine generator manufacturers. This is undertaken to satisfy requirements in a many countries and is a simple method which resolves the issue of blade glint.
1.3.2 Suggested action Within the new proposed National Wind Farm Development Guidelines, include a requirement that blades should be finished with a surface treatment of low reflectivity.
1.4 SHADOW (FROM TOWERS) Like any exposed object, wind turbines create a shadow. Given the slender nature of the turbines and diffraction effects, the shadow from a turbine dissipates close to the source. Also given the movement of the sun, the slender nature and separation between turbines, these shadows seldom remain over a particular patch of ground for any significant period.
Description Comment New South Wales Government regulations and guidelines
Not typically considered or addressed given that other impacts (particularly noise) tend to ensure separation distances at which shadowing is not a key issue.
Queensland Government regulations and guidelines
See http://www.epa.qld.gov.au/environmental_m No specific Queensland statutory land use planning or development anagement/coast_and_oceans/coastal_manageme assessment instruments. However, policy covering landscape and amenity nt/ under the State and regional Coastal Management Plans would be applied in the assessment of a wind farm application in the coastal zone. Additionally, local government planning instruments may include provisions.
South Australian Government regulations and guidelines
The relevant documents are: Development Plan policies seek to avoid or minimise nuisance or hazard by way of shadow, flickering, reflection and blade glint impacts. • Relevant Development Plan policies • Planning Bulletin – Wind Farms – Draft for Consultation (August 2002) Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Shadow from towers is not specifically mentioned under “visual effects” in the Guidelines but it seems most unlikely that any residences will be • General Guidelines for the Preparation of a located sufficiently close to a wind farm for this to be a concern. Development Proposal and Environmental Management Plan for Wind Energy Projects (DPIWE, 2004) Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Not directly addressed in the Guidelines; however, an application requirement of all Victorian planning schemes (Clause 52.32) requires • Policy and Planning Guidelines for Development of proponents to show the location of all dwellings within a 500m radius of Wind Energy Facilities in Victoria (SEAV, 2003) the site.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that shadow flicker, overshadow (from towers) and blade glint below can affect the local amenity of an area, and modelling can • Guidelines for Wind Farm Development Planning determine the affected areas. They also note that the use of low reflectivity Bulletin 67 (WAPC, 2004) materials and careful siting and design can minimise these issues. • Visual Landscape Planning in WA: a manual for evaluation, assessment, siting and design (WAPC, This is reflected in the Manual. 2007)
14 Description Comment Wind Industry guidelines
This issue is not specifically mentioned in the Auswind Best Practice Guidelines or in the Wind Farms and Landscape Values: National Assessment Framework.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: Shadow (from towers) is not specifically mentioned in the Energy Efficiency and Conservation Authority (EECA) guidelines for local • The Resource Management Act 1991 authorities on wind power. Shadow from towers will be addressed under a broader consideration of visual effects in a forthcoming Ministry for the Environment guidance note.
1.4.1 Discussion The buffer required to meet noise levels at adjacent properties will ensure neighbours do not experience overshadowing. There is no significant shadow effect from tall, slender structures due to diffusion. In addition, the shadows created are also not a fixed feature, but move throughout the day.
1.4.2 Suggested action In those jurisdictions that require overshadowing to be considered, future reviews of planning guidelines should consider the removal of overshadowing as an effect to be considered in wind farm planning. Should the base regulations be applicable to a range of infrastructure types, an alternative may be to include an explanatory guideline specifying that this effect does not need to be considered for wind farms.
2 ECOLOGICAL AND HERITAGE IMPACTS
2.1 IMPACTS ON LANDSCAPE The construction of a wind farm may impact on landscape values. A landscape is the appearance or expression of an area of land, referring to the combination of elements such as landform, vegetation, waterform and all types of human land use. Landscape values are the perception of these elements held by people and communities. Landscapes change over time, both naturally and through human intervention. Landscapes are made up of different layers and meaning. There are differing opinions regarding what is valued and what is not. Some of the elements through which we value landscapes include visual, cultural, spiritual, environmental, based on memories, perceptions or different aesthetics. Many highly valued landscapes enjoy statutory protections, for example through national parks, nature reserves, marine parks and zoning controls, to ensure they remain essentially natural in character. However, there are many significant landscapes that do not have specific protection and special care needs to be taken to identify and protect the values of those landscapes.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements are established on a project-by-project basis. They typically refer to the Framework as the relevant standard. • Wind Farms and Landscape Values : National Assessment Framework (AWEA and ACNT, 2007)
15
Queensland Government regulations and guidelines
See http://www.epa.qld.gov.au/environmental_manageme There is no state planning policy pertaining to landscape matters. Even nt/coast_and_oceans/coastal_management/ so, regional plans and local planning schemes often include provisions relating to landscape amenity. It is not known whether there are any See http://wwwhost.env.qld.gov.au/steps/references/op_pk _vis_landscape_classification_system.pdf specific provisions for wind farms. See http://www.epa.qld.gov.au/cultural_heritage/owning_ Some local authorities are likely to have guidelines associated with their a_heritage_place/general_exemptions/g1_maintenance_a planning schemes and some agencies may have internal guidelines nd_minor_repair/landscape_maintenance_guidelines/lan dealing with their own activities (eg Main Roads). dscape_maintenance_outline/ QEPA (Queensland Parks) utilises a landscape classification system for visitor management that could be utilised to assess wind farm proposals in proximity to the protected area estate. The EPA has guidelines in relation to its built heritage portfolio. These would only have minor relevance to wind farm development.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to avoid, or minimise impacts, on landscape and scenic values • Relevant Development Plan policies • Planning Bulletin – Wind Farms – Draft for The relevant authority may require an applicant to provide a detailed Consultation (August 2002) description of visual impacts, including graphic representations of turbines in the landscape. • Guide for Applicants – Wind Farms (July 2002) The Guide suggests applicants should provide a detailed visual description with their application.
Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines require that the Development Proposal and Environmental Management Plan (DPEMP) should outline the existing • General Guidelines for the Preparation of a visual setting within which the project will be located and assess the Development Proposal and Environmental ability of the landscape to absorb any visual changes to the landscape as a Management Plan for Wind Energy Projects result of the project. They contain a number of detailed prescriptions (DPIWE, 2004) relating to the evaluation of the appearance of the project. The decision- • Wind Energy Projects in Tasmania, Key Issues and maker in relation to visual impacts is the local Council not the EPA. Requirements (DPIWE, 2004) The Key Issues and Requirements require the identification of impacts on any high-quality wilderness areas identified in the Tasmanian Regional Forest Agreement.
Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines note:
• Policy and Planning Guidelines for Development of • The landscape value of a site or location is highly subjective. Wind Energy Facilities in Victoria (SEAV, 2003) National Parks protect some of Victoria’s most significant • Wind Farms and Landscape Values : National landscapes. Assessment Framework (AWEA and ACNT, 2007) • Other landscapes may also be valued by the community for their scenic and recreational value. Strategic landscape studies have been completed across a number of regions across Victoria. These are required to be considered by decision-makers. • Relevant strategic studies prepared at the local level may also be referenced in the planning scheme, and significant landscapes may be recognised in planning scheme overlays, such as Environmental Significance Overlay, Vegetation Protection Overlay or Significant Landscape Overlay. • In locating wind energy facilities, consideration should be given to the significance of the landscape as described in relevant planning scheme objectives for the landscape, including relevant referenced strategic studies and overlays to help guide appropriate site selection, design and layout of individual wind turbines. The Guidelines state:
• A written report is required with an application outlining an assessment of the visual impact of the proposal on the landscape and how the proposal responds to any significant landscape features for the area identified in the planning scheme. • Consideration of the visual impact of a proposal should be weighted having regard to the Government’s policy in support of renewable energy development.
16 Impact reduction considerations include:
• Siting and designing to minimise impacts on views from areas used for recreation based on landscape values and from dwellings. • Locating arrays of turbines to reflect dominant topographical and/or cultural features, such as the coastline, watercourses, windbreaks or transmission lines. • Using techniques such as colour, painting, etc to reduce visual impacts from key vantage points. • Selecting turbines that are consistent in height, look alike and rotate the same way. • Spacing turbines to respond to landscape characteristics. • Under-grounding electricity lines wherever practicable. • Minimising removal of vegetation. • Minimising additional clutter on turbines such as unrelated advertising and telecommunications apparatus. State environmental assessment
• Should a referral be developed for the need for an Environmental Effects Statement under the Environmental Effects Act (1978), a preliminary landscape assessment is required to accompany the referral. Should an EES be required, then it must include an independently peer-reviewed visual impact assessment by a suitably qualified and experienced person. Victoria was engaged in the development of the National Assessment Framework (NAF). The NAF complements the Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria. Previous planning decisions (eg Bald Hills Wind Farm) have drawn a clear distinction between landscape (public, community value) and visual amenity (individual, personal value). They also noted that rural zoning at sites does not confer a right to protection of visual amenity, although private dwellings “should retain outlooks that are not dominated by wind farm plant”. Even so, this distinction is not defined in the Victorian guidelines.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The National Assessment Framework (NAF) allows for community consultation and complements work already published for WA. Western
• Environment and Natural Resource State Planning Australia was engaged in both stages of development for the National Policy No2 (WAPC 2003) Assessment Framework. • Visual Landscape Planning in Western Australia: a manual for evaluation, assessment, siting and design The policy provides the context under which the Visual Landscape (WAPC 2007) Manual operates. • Guidelines for Wind Farm Development Planning Different approaches/methodologies for landscape assessment may use Bulletin 67 (WAPC, 2004) different terminologies that have the same meaning. This is quite • Wind Farms and Landscape Values : National common within the field of visual landscape planning as a result of Assessment Framework (AWEA and ACNT, 2007) different methods being developed for varying purposes. • WA Planning and Development Act 2005 The WA manual proposes two methodologies within the planning context of WA to assess and evaluate visual landscape character, as well as assess visual impacts as a result of a development proposal.
Visual landscape assessment/evaluation is the process of evaluating the character of areas of land, usually by reference to an agreed set of criteria based primarily on community preferences. This assessment process would ideally be undertaken early in the planning process.
Visual impact assessment is the analysis of changes in the appearance of the landscape as a result of development. Impacts may be either negative or positive.
Part 3 of the Manual (Guidelines for Particular Land Uses - Utility Towers - Wind Farms) addresses the visual impact of wind farms at regional, local and site level on natural, rural and built landscapes. The Guideline lists visual elements of wind farms that require consideration for assessment; issues and pressures that surround visual impact, planning and wind farm development; issues at each scale of application - regional, local, site and, most importantly, principles and Guidelines on how to reduce the visual impact of these issues at each level. The Guideline breaks down all the components that need to be considered in the assessment of visual landscape and wind farm development. Site selection is stated as very important in terms of maximising the wind resource as well as reducing
17 the impact of the wind farm on the surrounding landscape. The Guidelines provide guidance in relation to landscape impacts consistent with the Manual, although not in as much detail.
Commonwealth regulations and guidelines
The relevant documents are: The Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the National Heritage List which includes natural,
• Environment Protections and Biodiversity Indigenous and historic places that are of outstanding heritage value to Conservation Act 1999 the nation. The Act also establishes the Commonwealth Heritage List • Matters of National Environmental Significance which comprises natural, Indigenous and historic places and heritage Significant Impact Guidelines 1.1 landscapes on Commonwealth lands and waters or under Australian Department of the Environment and Heritage, May Government control, and identified by the Minister for the Environment, 2006 Heritage and the Arts (the Minister) as having Commonwealth Heritage values. The Indigenous Advisory Committee advises the Minister on the operation of the EPBC Act taking into account their knowledge of the land, conservation and use of biodiversity. Under the EPBC Act, there are penalties for anyone who takes an action that has or will have a significant impact on the national heritage values of a place.
Wind Industry guidelines
The relevant documents are: The Guidelines note that a “best practice wind farm” requires sound and consistent methodologies be applied to assess and identify the most • The Best Practice Guidelines for Implementation of appropriate siting of the wind farm to minimise landscape and visual Wind Energy Projects in Australia (AWEA, 2006) amenity impacts. They also identify this issue as potentially requiring • Wind Farms and Landscape Values : National detailed assessment. Assessment Framework (AWEA and ACNT, 2007) The Guidelines require proponents to assess the visibility of the proposed development from important public viewpoints (including roads, lookouts and towns), and note the need to enter a dialogue with the community regarding landscape values. The Framework was jointly developed by the Australian Wind Energy Association (AWEA or Auswind) and the Australian Council of National Trusts (ACNT). The Framework includes a staged methodology for undertaking an assessment of landscape values. For each stage, the methodology identifies when community consultation should occur, what the objectives of the consultation should be and what the required outputs are.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: The Landscape guidance note does not specifically address the landscape effects of wind turbine generators. However, it does provide guidance
• The Resource Management Act 1991 and a set of best practice examples of landscape assessments. • Landscape guidance note available on the quality planning website The Environment Court has developed a set of criteria for use when (http://www.qualityplanning.org.nz/) assessing landscape effects known as the ‘Modified Pigeon Bay Criteria’. These criteria emerged from case law on the assessment of landscape effects relating to marine farms but are broadly applied in the absence of a nationally agreed set of assessment criteria or methodology. The Ministry for the Environment has recently released a proposed National Policy Statement for Renewable Electricity Generation which requires decision makers to have particular regard to the constraints developers face when seeking to avoid, remedy or mitigate the adverse environmental effects of renewable electricity generation activities. In the context of wind farms, this means that decision-makers must have particular regard to the need for turbines to be located in windy areas – on ridgelines and the coastal environment.
2.1.1 Discussion There are a range of methodologies that could assist in the assessment of landscape values in response to wind farm developments. Not all jurisdictions have a state methodology to refer to. However, most already apply various elements of best practice when dealing with the issue of visual landscape impacts as a result of wind farm developments. The methodologies presented in the WA manual could complement the National Assessment Framework (NAF).
18 There is a lack of consistency in approaches across jurisdictions. The NAF could provide consistency in approach (as it is only a framework rather than a detailed methodology) if it is recommended as a starting guide. Although the WA manual operates under the WA planning system, the actual methodologies can be used, varied and/or applied in other planning contexts.
2.1.2 Suggested action Where appropriate, each jurisdiction should continue to use best practice techniques when dealing with impacts on landscape values in response to wind farm developments. In conjunction with the proposed National Wind Farm Development Guidelines, develop a nationally consistent best practice approach to landscape assessment. This should have a framework containing both principles and methodologies. Existing resources such as the National Assessment Framework and other relevant state documents5 should form inputs to this process.
2.2 IMPACTS ON BIRDS, BATS AND OTHER FAUNA The construction of a wind farm may impact on fauna indirectly through the loss of habitat cleared at the turbine locations, along access tracks within the site or along roadsides leading to the site. Once operating, the wind farm may then impact birds and bats directly due to collision with turning blades (mortality), presence of the wind farm (physical obstruction) or noise from the wind farm (behavioural changes). The degree of impact will depend on the species likely to be affected. Apart from collision risk and behavioural responses to obstructions and noise, impacts to fauna are similar to other developments and are addressed through existing regulatory processes. Collision risk can be modelled. Behavioural changes, however, are not well understood due to a lack of statistically robust data from wind farms.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements are established on a project-by-project basis. • Draft Guidelines for Threatened Species Assessment They typically refer to the draft Guidelines and the Cumulative Risk for (DECC & DPI, 2005) Threatened and Migratory Species. • Cumulative Risk for Threatened and Migratory Species (DEH, 2005) • Wind Farms and Birds : Interim Standards for Risk Assessment (AWEA, 2005) Queensland Government regulations and guidelines
There are no specific provisions relating to wind farms.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to avoid or minimise nuisance or hazard • Relevant Development Plan policies to wildlife. • Planning Bulletin – Wind Farms – Draft for The relevant authority may require an applicant to provide a detailed Consultation (August 2002) study of risk of bird or bat strike. The relevant authority may seek informal advice from the Department of Environment and Heritage. There is no requirement for mandatory referral.
5 The Auswind National Assessment Framework (NAF) provides a best practice tool and its focus has been on the development of a framework for the assessment of landscape values in response to wind farm developments. It provides a clear sequence of assessment steps to describe the existing landscape (preliminary report to full landscape report), model the proposal within the landscape, assess the impacts and then respond to impacts. Generally, the NAF provides a useful document for proponents when preparing landscape assessments. However, it is a framework rather than a set of detailed prescribed methods, tools or techniques. The WA manual provides more detailed, comprehensive methods, tools and techniques in the step-by-step guidance. This complements the broader framework of the NAF.
The Victorian Guidelines do not specify a methodology for undertaking a landscape assessment; however, Victoria has published a Coastal Spaces Landscape Assessment Study that may be another useful source document. 19 Description Comment Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: In addition to complying with the Act, the Guidelines recommend • Threatened Species Protection Act 1995 compliance with the NWCC Guidance Document. • General Guidelines for the Preparation of a Development Proposal and Environmental Management Plan for Wind Energy Projects (DPIWE, 2004) • Brief for Flora and Fauna Consultants, Evaluation of Impact of Proposed Development Activities (Nature Conservation Branch, RMC Division, DPIW) • Studying Wind Energy/Bird Interactions: A Guidance Document. Metrics and Methods for Determining or Monitoring Potential Impacts on Birds at Existing and Proposed Wind Energy Sites (National Wind Coordinating Committee, Washington, 1999) Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state:
• Policy and Planning Guidelines for Development of • Development of wind farms should not lead to unacceptable Wind Energy Facilities in Victoria (SEAV, 2003) impacts on critical environmental or cultural values. Critical • Fauna and Flora Act 1988 values are those protected under Commonwealth or Victorian legislation. • Environmental Effects Act 1978 • National legislation applies and proponents and responsible • National Parks Act 1975 authorities need to be aware of this. • The State Planning Policy Framework • In Victoria, the Fauna and Flora Act (1988) provides protection for species and ecosystems which are of state wide importance. • Protection to flora and fauna is also afforded protection by the exclusion of wind energy facilities from land protected under the National Parks Act (1975). • The flora and fauna found at a site should be considered in relation to: Commonwealth legislation, the sensitivity of any protected species to disturbance and the potential loss of habitat of species protected under the EPBC Act or the FFG Act. • Appropriate surveys will be required where species listed under the above legislation are considered reasonably likely to be present on the site. • These surveys may indicate how the facility can be sited and designed to manage the risk of impact. Ongoing monitoring may be required as a condition of development. An environmental management plan may provide for the development of reasonable and cost effective steps to minimise any ongoing risks. • International experience and Victorian research shows that the level of bird mortality associated with modern wind energy facilities is not significant. Nevertheless in assessing a proposed development, any risk to protected bird species needs to be carefully assessed and adaptive management applied where relevant. Clause 15.09 of all planning schemes (conservation of native flora and fauna) provides for the relevant decision-making framework for responsible authorities.
State environmental assessment
• The Environmental Effects Act 1978 also applies. If a proposal is likely to have a significant effect on the environment, it should be referred to the Minister for Planning on the need for an Environment Effect Statement. • It is anticipated that most wind energy facilities can be adequately assessed through the planning permit process. Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The State Planning Policy (general measures) outlines that the implementation of planning decisions (eg wind farm approval) can have • Wind Farms and Birds : Interim Standards for Risk an impact on the environment and natural resources, including habitats Assessment (AWEA, 2005) and decision-making should take this into consideration. • Environment and Natural Resource State Planning The Guidelines state that cumulative effects of wind farms may have an 20 Description Comment Policy No.2 (WAPC, 2003) impact on migratory routes of certain bird species, and a full avian study • Guidelines for Wind Farm Development Planning is recommended when a large wind farm is proposed, as well as solid Bulletin 67 (WAPC, 2004) towers to prevent birds from nesting. Siting, location and positioning of turbines away from migratory routes and using slower rotation turbines • Environmental Protection and Biodiversity Conservation Act 1999 may reduce such impacts. • Environmental Protection Act (Western Under section 38 of the EP Act, wind farms will be assessed if the Australia)1986 “proposal is likely if implemented to have significant impacts on the • Wildlife Conservation Act 1950 WA environment”. Such a proposal would be referred to the Environmental Protection Authority (EPA) by the proponent, the Department for • Draft Bushland Policy for Perth Metropolitan Planning and Infrastructure (DPI) or the decision-maker (either state Region State Planning Policy 2.8 (WAPC, 2004) and/or local government). Depending on the location of the wind farm site, the factors for assessment would be different in every case, so one would not necessarily expect that all such proposals will trigger an assessment by the EPA. The WC Act protects native flora and fauna in WA and may therefore be relevant if there are fauna or flora under that Act that may be impacted. The draft Bushland Policy recognises the protection and management of significant bushland areas which have been identified through an endorsed strategy as a fundamental consideration in the planning process. This policy would apply if a wind farm was proposed in any of the significant bushland areas identified, particularly on the coast.
Commonwealth regulations and guidelines
The relevant documents are: The Environment Protection and Biodiversity Conservation Act 1999 provides for the listing of nationally threatened native species and ecological • Environment Protection and Biodiversity communities, native migratory species and marine species. Conservation Act 1999 • EPBC Act Policy Statement 2.3 Threatened fauna and flora may be listed in any one of the following Wind Farm Industry, Department of the categories as defined in Section 179 of the EPBC Act: Environment, Water, Heritage and the Arts 2008 • Extinct • Matters of National Environmental Significance • Extinct in the wild * Significant Impact Guidelines 1.1 Department of the Environment and Heritage, May • Critically endangered 2006 • Endangered * • Grey-headed Flying-Fox • Vulnerable * and EPBC Policy Statement 3.2 • Conservation dependent Nationally Threatened Species and Ecological Communities Guidelines, Department of the All species on the list of migratory species are matters of national Environment and Heritage, November 2003 environmental significance under the EPBC Act. An action will require • Spectacled Flying-fox approval if the action has, will have, or is likely to have, a significant EPBC Policy Statement 3.3 impact on a listed migratory species. The action must be referred to the Nationally Threatened Species and Ecological Minister and undergo an environmental assessment and approval Communities guidelines, Department of the process. Note, that some migratory species are also listed as threatened Environment and Heritage, November 2003 species. • Tiger Quoll (south eastern mainland population) * Only species in those categories marked with an asterix are matters of national and the use of 1080 environmental significance (protected matters) under the EPBC Act. EPBC Policy Statement 3.4 Nationally Threatened Species and Ecological Communities Guidelines, Department of the Environment and Heritage, May 2004 • Tasmanian Devil EPBC Policy Statement 3.6 Nationally Threatened Species and Ecological Communities Guidelines, Department of the Environment and Heritage, July 2006 Wind Industry guidelines
The relevant documents are: The Guidelines note that a desktop survey and/or initial field survey should identify migratory bird routes and threatened species that have • The Best Practice Guidelines for Implementation of been recorded in the area or may potentially be impacted by a wind Wind Energy Projects in Australia (AWEA, 2006) development at the site. They also note that assessment should be in • Wind Farms and Birds : Interim Standards for Risk accordance with the Interim Standards. Assessment (AWEA, 2005) Appendix 8 of the Guidelines notes the need to conduct risk assessments • Environment Protection and Biodiversity of avian issues and monitor the effects of any development on bird Conservation Act 1999 species. The potential for collisions with turbines and alienation/barrier effects are specifically identified as risks. The Interim Standards detail tiered investigations to be undertaken in the 21 Description Comment design and planning stages and as part of operational monitoring. The level of investigation required is based on the assessed risk to the different avifauna species at the site, with a low risk to common species requiring less investigation than a high risk to threatened species. These investigations are based on a Before-After-Control-Impact (BACI) design. The Interim Standards identify bird, wildlife and field naturalist organisations as a source of local information, but do not necessarily require consultation with these groups as part of the initial risk assessment. They also include protocols for undertaking field surveys and, using a tiered assessment approach, identify which types of survey are applicable at each stage of assessment. The approaches have been developed specifically for survey of bird species. Appendix 9 of the Guidelines notes the need to conduct risk assessments of bat issues and monitor the effects of any development on bird species. General principles for their assessment are identified. Even so, a set of Interim Standards similar to those developed for bird species have yet to be developed for bat species, with no discussion in the Guidelines of potential field survey protocols.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: The EECA guidelines note that there is very little data on the potential effects of wind turbine generators on birds, particularly migratory birds
• The Resource Management Act 1991 and bats. The migratory paths for many native New Zealand bird species • Energy Efficiency and Conservation Authority tend, however, to follow the coast in areas of abundant wind resources (EECA) – Guidelines for Local Authorities: and applicants are advised to contact the Department of Conservation in Wind Power August 2004 the early stages of site selection. • New Zealand Wind Energy Association Fact The effects of wind turbine generators on birds and bats will be Sheet 8 – Birds and Bats addressed more comprehensively in the Ministry for the Environment’s forthcoming practice note.
2.2.1 Discussion Many aspects of the risk to birds, bats and other fauna are unique to wind farms, and thus a specific methodology for wind farm assessment is desirable. Rather than being prescriptive, a practical methodology should be flexible and specify actions proportional to risk at a given site. It is therefore important that the methodology selected for a given site should be independently reviewed prior to undertaking the study and that the progress of the study be subject to ongoing monitoring and review. There is no clear direction as to acceptable methodologies for fauna impact assessment except in the Auswind interim bird standard, and this standard does not necessarily represent best practice nor does it currently reflect the views of most avifauna experts. Aspects of the methodology that lack direction include seasonality, length of survey and statistical robustness. It is also overly prescriptive and inflexible to adopting new remote sensing techniques. The Auswind standard does not include an independent peer review of the field survey design, the survey outcomes or the subsequent analysis. While consultation with the relevant authorities is identified as a step in the process, there is no requirement to submit a survey plan for review by the relevant authorities. The behavioural responses of birds and bats to wind farms are not well-understood, particularly with respect to Australian species. This is an area that requires additional research. There is also some concern that the methodology for undertaking collision risk modelling (including the underlying algorithms and assumptions) requires greater public and scientific scrutiny. The model may need modification once behavioural information becomes available. The acceptability of impacts to specific species is not consistent across jurisdictions. Rather than consider the impacts to overall population viability, acceptability generally relates to the number of individuals resident/visiting the jurisdiction. Birds The Auswind interim standards on assessing risks from wind farms focus solely on the risk to birds. Some studies are available on the risk to Australian species of birds from wind farms. There are no studies on behavioural responses of Australian species of birds from wind farms.
22 Bats and other fauna There is no defined standard methodology for assessing potential impacts to bats. There is no defined standard methodology for assessing potential impacts to non-avian species; however, such impacts can be addressed through micro-siting. There are no studies on the risk to Australian bat and other non-avian species from wind farms. There are no studies on behavioural responses of Australian species of bats or non-avian fauna from wind farms. Due to the localised nature of the interaction, the lack of uniform standards for non-avian fauna is not generally regarded as an impediment to development. In this respect, wind farms are similar to other types of development.
2.2.2 Suggested action Birds In conjunction with the proposed National Wind Farm Development Guidelines, develop an appropriate methodology for assessing potential impacts on birds. This methodology could be developed through an expert workshop process. The Auswind interim standard (Wind Farms and Birds: Interim Standards for Risk Assessment, Auswind 2005) could be an input to this process. Bats In conjunction with the proposed National Wind Farm Development Guidelines, develop a methodology for assessing potential impacts on bats. Other fauna None required.
2.3 IMPACTS ON FLORA The construction of a wind farm may impact on flora through the loss of habitat cleared at the turbine locations, along access tracks within the site or along roadsides leading to the site. This may, in turn, lead to weed infestation due to ground disturbance. These impacts are similar to other developments and are addressed through existing regulatory processes. The degree of impact will depend on the species likely to be affected, with impacts to threatened species regarded as most significant and impacts to locally rare species next most significant.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements are established on a project-by-project basis. They typically refer to draft Guidelines. • Draft Guidelines for Threatened Species Assessment (DECC & DPI, 2005) • The Best Practice Guidelines for Implementation of Wind Energy Projects in Australia (AWEA, 2006) Queensland Government regulations and guidelines
No specific provisions relating to wind farms. Clearing of remnant vegetation, particularly vegetation classified as `endangered regional ecosystems’ or `of concern regional ecosystems’ is regulated under the Vegetation management Act 1999. Since 2006 broad- scale clearing for development (outside areas allocated for urban purposes) is generally prohibited. Where possible, offset requirements apply.
Clearing of certain protected plants is also regulated under the Nature Conservation Act 1992.
23 Description Comment South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to avoid or minimise nuisance by way of modification to wildlife. Many Development Plans also contain • Relevant Development Plan policies additional policies that seek to preserve and/or rehabilitate areas of • Planning Bulletin – Wind Farms – Draft for native vegetation. Consultation (August 2002) Approval under the Native Vegetation Act from the Native Vegetation • Native Vegetation Act 1991 Council (part of the Department of Water, Land and Biodiversity Conservation) may be required if proposal includes clearance of, or damage to, native vegetation. Approval may involve formal agreement to protect or reinstate other native vegetation on the site or elsewhere. The relevant authority may seek informal advice from the Native Vegetation Council. There is no requirement for mandatory referral.
Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are:
• Threatened Species Protection Act 1995 • Brief for Flora and Fauna Consultants, Evaluation of Impact of Proposed Development Activities (Nature Conservation Branch, RMC Division, DPIW) Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Most of the points covered under Impacts on birds, bats and other fauna are also relevant to flora. • Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (SEAV, 2003) The guidelines also state that, if native vegetation is proposed to be • Fauna and Flora Act 1988 removed as part of a development proposal, responsible authorities must have regard to the Native Vegetation Framework. • Environmental Effects Act 1978 • National Parks Act 1975 • The State Planning Policy Framework (Clause 15.09 – Conservation of native flora and fauna) • Native Vegetation Management – A Framework for Action (DNRE, 2002) Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The guidelines state that, where a proposed wind farm impacts upon remnant vegetation, the proposal should be assessed against the Position
• Guidelines for Wind Farm Development Planning Statement. Endangered or threatened species within a wind farm study Bulletin 67 (WAPC, 2004) site should be mapped by field surveys so that highly sensitive areas of • EPA Position Statement No.2 Environmental vegetation can be avoided. Roads, services and ancillary features can also Protection of Native Vegetation in Western be sited and designed appropriately. The guidelines states that during Australia construction minimal vegetation removal and disturbance is • Environmental Protection and Biodiversity recommended. Development issues also include stabilising topsoil and Conservation Act 1999 retaining existing vegetation, particularly in coastal areas where it may be • Environmental Protection Act (Western difficult to re-establish. Australia)1986 The other Acts and the Policy would apply to impacts on flora as • Wildlife Conservation Act 1950 WA described under Impacts on birds, bats and other fauna. • Draft Bushland Policy for Perth Metropolitan Region State Planning Policy 2.8 (WAPC, 2004)
24 Description Comment Commonwealth regulations and guidelines
The relevant documents are: The Environment Protection and Biodiversity Conservation Act 1999 provides for the listing of nationally threatened native species and ecological • Environmental Protection and Biodiversity communities, native migratory species and marine species. Conservation Act 1999 • EPBC Act Policy Statement 2.3 Threatened fauna and flora may be listed in any one of the following Wind Farm Industry, Department of the categories as defined in Section 179 of the EPBC Act: Environment, Water Heritage and the Arts 2008 • Extinct; • Matters of National Environmental Significance • Extinct in the wild* Significant Impact Guidelines 1.1 Department of the Environment and Heritage, May • Critically endangered 2006 • Endangered* • Bluegrass Ecological Community • Vulnerable* and EPBC Policy Statement 3.1 • Conservation dependent. Nationally Threatened Species and Ecological Communities Guidelines, Department of the All species on the list of migratory species are matters of national Environment and Heritage, August 2001 environmental significance under the EPBC Act. An action will require • White Box – Yellow Box – Blakely’s Red Gum approval if the action has, will have, or is likely to have, a significant Grassy Woodlands and Derived Native Grasslands impact on a listed migratory species. The action must be referred to the EPBC Policy Statement 3.5 Minister and undergo an environmental assessment and approval process. Note that some migratory species are also listed as threatened • Peppermint Box (Eucalyptus odorata) Grassy Woodland of South Australia and Iron-grass species. Natural Temperate Grassland of South Australia * Only species in those categories marked with an asterix are matters of national EPBC Policy Statement 3.7 environmental significance (protected matters) under the EPBC Act. Nationally threatened species and ecological communities guidelines, Department of the Environment and Water Resources, June 2007 Wind Industry guidelines
The relevant documents are: The Guidelines note that minimisation of flora impacts (particularly for protected species) is to be accounted for in wind farm layout, with • The Best Practice Guidelines for Implementation of consideration given to ecological importance, rehabilitation options and Wind Energy Projects in Australia (AWEA, 2006) approvals required for disturbance. They also identify this issue as potentially requiring detailed assessment. Impacts on flora are referred to within Appendix 13 of the Guidelines as part of a discussion of general ecological assessment. Specific mention is made of the need to ensure ecological work is undertaken at the appropriate time of year or for a suitable duration. The need to meet with the relevant planning authority and stakeholders to discuss timing of construction and scope for changing site layouts is specifically identified. Appendix 13 also notes that any ecological study would include power line routes and other areas of potential disturbance during construction. No specific methodologies or targets are identified in the Guidelines.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: The EECA guidelines note that because wind farms frequently occupy agricultural land which is regularly disturbed by agricultural practices, • The Resource Management Act 1991 and where ecology and habitats are already highly modified, it is unlikely • Energy Efficiency and Conservation Authority that there will be any ecological concerns associated with development in (EECA) – Guidelines for Local Authorities: such areas. The effects of wind turbine generators on flora will be Wind Power August 2004 addressed more comprehensively in the Ministry for the Environment’s • The Department of Conservation’s Protected forthcoming guidance note. Natural Area Programme reports. The Department of Conservation began a protected natural areas program in 1981 as a means of identifying natural ecosystems worthy of protection in more modified parts of New Zealand’s landscapes. The results of these surveys tend to be used by district and regional councils when zoning land and when identifying areas of significant natural heritage value.
25 2.3.1 Discussion Impacts on flora are generally addressed through micro-siting6 and are therefore not considered a substantive impediment to wind farm development.
2.3.2 Suggested action None required.
2.4 IMPACTS ON HERITAGE Wind farm development may impact on heritage values. Heritage is managed by various levels of government and peak bodies that identify and list places for their heritage values. Significant heritage places are identified and grouped into lists that guide the protection and management of heritage values. The location, groundwork for the turbines foundation and construction of access tracks within a wind farm site may affect Indigenous and non-Indigenous heritage values. These impacts are similar to other developments and are addressed through existing regulatory processes. Indigenous Heritage State and territory governments have the major responsibility for the protection and management of Indigenous heritage. States and territories have legislation that provides presumptive or ‘blanket’ protection for aspects of Indigenous heritage, making it an offence to damage, destroy or interfere with Aboriginal sites or objects. The Australian Government also has a role in the protection and management of Indigenous heritage places. The heritage values of places included in the National Heritage and World Heritage lists are matters of national environmental significance (NES matters) protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The EPBC Act also protects the heritage values of places in the Commonwealth Heritage List (places owned or leased by the Commonwealth with significant heritage value). By law, no one can take any action that has, will have, or is likely to have, a significant impact on the heritage values of a place included in these lists without approval. In addition, Indigenous people can apply for protection under the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984. This is an Act of last resort that provides for the preservation and protection from injury or desecration of areas and objects that are of particular significance to Aborigines in accordance with Aboriginal tradition where a state or territory does not provide effective protection. Non-Indigenous Heritage In common with many State Heritage Protection Acts, the EPBC Act defines heritage value of a place as including the place’s natural and cultural environment having aesthetic, historic, scientific or social significance, or other significance, for current and future generations of Australians. The states and territories have the more general protective mechanisms for protecting places of natural heritage significance. Places of historic heritage significance are generally only protected if specifically included in a Commonwealth, state or territory heritage list.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements are established on a project-by-project basis. They typically refer to the draft Guidelines and Wind Farms and • Draft Guidelines for Aboriginal Cultural Heritage Heritage. Impact Assessment and Community Consultation (DECC, 2005) The draft Guidelines and associated policy require sub-surface sampling • Wind Farms and Heritage prior to lodgement of a development application. Queensland Government regulations and guidelines
The relevant regulations, policy and guidelines are: No specific provisions relating to wind farms under any of these Acts.
• Integrated Planning Act 1997 The Queensland Heritage Act 1992 (QHA) generally deals with built and
6 Micro-siting - Siting turbines within a wind project involves careful consideration of an array of factors relating to wind flow, terrain, equipment access, environmental and land-use issues, and visual impact. 26 Description Comment • Queensland Heritage Act 1992 post European settlement places. Development on a heritage listed place • Aboriginal Cultural Heritage Act 2003 under the Heritage Act would require development approval under the IP Act. QEPA would have an assessment role as a concurrence agency • Torres Strait Islander Cultural Heritage Act 2003 with the QHA providing the head of power. The same would apply if proposals were to be adjacent to a heritage place; however, QEPA’s assessment role would be advisory only in such instances. Landscape issues would be a significant aspect of assessment. However, there are no specific guidelines in relation to wind farms. Queensland’s Indigenous cultural heritage Acts establish the framework for the ownership, protection and management of all aspects of cultural heritage (artefacts, places, landscapes, stories). In summary the Acts:
• provide blanket protection of areas and objects of traditional, customary and archaeological significance • recognise the key role of traditional owners in cultural heritage matters • establish processes for dealing with cultural heritage • establish a Cultural Heritage Register and Cultural Heritage Database • create a general/universal duty of care requiring that actions not harm cultural heritage • establish cultural heritage management planning process, and other agreement-based mechanisms • make preparation of a cultural heritage management plan mandatory where an approval requires an environmental impact statement • establish penalties for harming Aboriginal and Torres Strait Islander cultural heritage or breaching the duty of care While none of these provisions or processes specifically apply to wind farms, cultural artefacts, places and landscapes have to be addressed by development.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to protect the heritage values of State Heritage Places, Local Heritage Places and Historic (Conservation) Zones
• Relevant Development Plan policies and Policy Areas. • Heritage Places Act 1993 Any development which, in the opinion of the relevant authority, • Aboriginal Heritage Act 1988 materially affects the heritage values of a State Heritage place is a mandatory referral to the Minister administering the Heritage Places Act. The relevant authority must have regard to advice of the Minister administering the Heritage Places Act, but is not bound by it. However, if a Council does not totally adopt a recommendation of the Minister, it must seek the concurrence of the Development Assessment Commission. There is no requirement for applications to be referred to Indigenous groups or the Minister for Aboriginal Affairs and Reconciliation. However, if an Aboriginal object or site is discovered the Minister must be informed and the object or site protected until a determination under the Aboriginal Heritage Act is made. The Aboriginal Heritage Act also provides for Indigenous Land Use Agreements (ILUA). A current ILUA for Yorke Peninsula (Narrunga) requires copies of Development Approvals to be provided in certain areas but this is after a decision is made.
Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are:
• Aboriginal Relics Act 1975 • Historic Cultural Heritage Act 1995 • Aboriginal and Historic Cultural Heritage Survey and Recording Standards Consultancy Brief (Tasmanian Heritage Office) • Guidance for the Production of Cultural Heritage Survey Reports (Tasmanian Heritage Office)
27 Description Comment Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that it is important that any impacts and the views of relevant Aboriginal groups are considered in the early planning stage of • Policy and Planning Guidelines for Development of any project. Wind Energy Facilities in Victoria (SEAV, 2003) • Aboriginal Heritage Act 2006 Aboriginal Cultural Heritage values may apply to a range of locations in Victoria and are protected under the Act and Regulations. • Aboriginal Heritage Regulations 2007 • Commonwealth Native Title Act 1993 Where wind energy proposals are on Crown Land, the provisions of the Commonwealth’s Native Title Act 1993 will apply. Sites of cultural heritage significance are to be identified on the site analysis plan. A Cultural Heritage Management Plan is recommended prior to lodgement, particularly where there are Registered Aboriginal Parties listed in the region. As a result, the practical implementation of the Regulations requires sub-surface sampling prior to lodgement of a development application. In accordance with the Aboriginal Heritage Regulations 2007, wind farms are defined as a high impact activity (building and works that result in significant ground disturbance) which triggers the requirement for a Cultural Heritage Management Plan. An assessment may include background research, consultation, field survey and excavation. Some or all of the above assessments may be required. These are specified in the regulations.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Handbook outlines the process for heritage approval in response to renewable energy projects that may impact on areas of importance and
• Heritage of Western Australia Act 1990 significance to Aboriginal people. State processes include the protection • Visual Landscape Planning in Western Australia: a of such areas under the Aboriginal Heritage Act 1972. It is recommended manual for evaluation, assessment, siting and assessments are conducted to ensure that the proposal is not in breach of design (WAPC 2007) Section 17 of the Act. • Aboriginal Heritage Act 1972 The Manual outlines specific guidance to reduce the impact of wind farm • Commonwealth Environmental Protection and development on the visual landscape which can be considered as natural Biodiversity Conservation Act 1999 heritage. The Manual also addresses “valued landscapes under pressure” • Commonwealth Aboriginal and Torres Strait (Part 3) and gives guidance on how to protect such landscapes. The Islander Heritage Protection Act 1984 advice given in this section was based on anecdotal evidence of • Commonwealth Native Title Act 1993 community concern and reflected in government policies such as WAPC • The State Coastal Planning Policy 2.6 (WAPC State Planning Policies that focus on sensitive areas including the state's 2003) coastline and coastal areas. This guidance can be relevant as coastal areas can be under pressure for wind farm development, given the high wind • Renewable Energy Handbook for Western Australia resources in such areas. The State Coastal Planning Policy 2.6 (WAPC (SEDO 2006) 2003) would need to be considered for any wind farm proposed in a • Historic Heritage Conservation State Planning coastal area. Policy 3.5 (WAPC 2007) • Historic Heritage Conservation Planning Bulletin 88 (WAPC 2007) Wind Industry guidelines
The relevant documents are: The Guidelines note that the heritage value (Indigenous and non- Indigenous) and native title status of a site should be considered during • The Best Practice Guidelines for Implementation of site planning. They also identify this issue as potentially requiring Wind Energy Projects in Australia (AWEA, 2006) detailed assessment.
In particular, the Guidelines note that desktop assessments and/or site surface surveys should be undertaken during preliminary site planning and may require sub-surface sampling in subsequent stages. These works are to be conducted by qualified archaeologists, together with representation from Indigenous communities. Appendix 2 of the Guidelines addresses native title and cultural heritage impacts. Its focus is Indigenous cultural heritage rather than non- Indigenous cultural heritage. Appendix 2 provides an overview of the survey process and identifies triggers that would prompt sub-surface surveys. Details are also provided for site supervisors on monitoring during construction. No specific survey methodologies are identified in the Guidelines.
28 Description Comment Commonwealth regulations and guidelines
The relevant documents are: The Environmental Protection and Biodiversity Conservation Act 1999 establishes the National Heritage List, which includes natural, • Environment Protection and Biodiversity Indigenous and historic places that are of outstanding heritage value to Conservation Act 1999 the nation. The Act also establishes the Commonwealth Heritage List • Draft: EPBC Act Policy Statement 2.3 which comprises natural, Indigenous and historic places on Wind Farm Industry, Department of the Commonwealth lands and waters or under Australian Government Environment, Water, Heritage and the Arts, 2008 control and identified by the Minister for the Environment, Heritage and • Matters of National Environmental Significance the Arts (the Minister) as having Commonwealth Heritage values. Significant Impact Guidelines 1.1 Department of the Environment and Heritage, May The Indigenous Advisory Committee advises the Minister on the 2006 operation of the EPBC Act, taking into account their knowledge of the land, conservation and use of biodiversity. • Aboriginal and Torres Strait Islander Heritage Protection Act 1984 Under the EPBC Act, there are penalties for anyone who takes an action • Ask First, a guide to respecting Indigenous heritage that has or will have a significant impact on the national heritage values places and values, Australian Heritage Commission, of a place. 2002 Ask First: A guide to respecting Indigenous heritage places and values provides • The Burra Charter: The Australia ICOMOS Charter a practical guide for land developers, land users and managers, cultural for Places of Cultural Significance 1999 heritage professionals and many others who may have an impact on • Australian Natural Heritage Charter for the Indigenous heritage. conservation of places of natural heritage significance, 2002 • Australian Heritage Places database, including the The draft EPBC Act Policy Statement 2.3 Wind Farm Industry has been World, National and Commonwealth Heritage Lists released for public consultation. and the Register of the National Estate The Burra Charter and Natural Heritage Charter provide guidelines for the conservation of cultural and natural heritage places respectively. The Australian Heritage Places database gives details on listed and nominated places and contains over 20,000 entries.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: Both resource consent under The Resource Management Act 1991 (RMA) and an approval under the Historic Places Act 1993 (HPA) are required • The Resource Management Act 1991 before an applicant is able to destroy, damage or modify a place or • Historic Places Act 1993 feature of cultural heritage. The RMA requires local authorities to hold a schedule of contacts and relevant management documents for iwi (tribes) and hapu (sub-tribes). Iwi and hapu may maintain a database of waahi tapu (sacred places). This database may or may not be available to the applicant. There is no obligation to consult with iwi or hapu, but it is advisable and considered best practice.
2.4.1 Discussion Indigenous Heritage It is noted that both developers and local Indigenous groups have sometimes been frustrated by the process for identifying and addressing Indigenous heritage issues at wind farms sites. Much of this can be resolved through non-statutory consultation, as per Section 3.2. When considering Indigenous heritage issues, it is necessary to look not only at physical landscapes (tangible values) but also at cultural landscapes (intangible values). These cultural landscapes include stories and song lines, places where hunting and gathering occurs and effects on the bush and animals (totemic animals can be affected). Non-Indigenous Heritage For natural heritage places, it is important to recognise that it is not only government reserves that may contain heritage values. Heritage lists should be consulted and relevant government agencies at all levels of government contacted for advice. Wind farms may impact on heritage landscapes. These impacts are addressed through extensive existing regulatory processes in all jurisdictions.
29 2.4.2 Suggested action Indigenous Heritage Indigenous heritage assessment needs to consider both tangible and intangible values. Best practice assessment in relation to Indigenous heritage values should integrate consultation and landscape assessment with the examination of physical remains of past Indigenous activity. Non-Indigenous Heritage For all heritage places it is important that existing heritage lists, including those maintained by all levels of government and such voluntary bodies as the National Trusts, continue to be consulted thoroughly and early in the process, and that governments and interested groups and local residents be consulted and involved from early in the selection process.
3 COMMUNITY ENGAGEMENT Within the area of community engagement, there are clear roles for government, the wind industry and developers. To date, much of the work on educating the public and raising community awareness has been undertaken by the wind industry and individual developers, with some involvement from government agencies. There is now a requirement for more involvement from government in basic education and awareness-raising, but this must be balanced and free from the perception of conflict of interest. Industry should continue its focus on better managing consultation activities in relation to specific wind developments to ensure that consultation is a truly two-way dialogue.
3.1 EDUCATION AND LEARNING There is high-level community support for reducing Australia’s carbon footprint; however, the community is still developing an understanding of the scale and nature of the requirements to meet the targets specified under the Mandatory Renewable Energy Target (MRET), the various state schemes and the expanded Commonwealth scheme. The wind industry and individual developers have made an initial contribution towards educating the community as to the need for wind farms and their effects.
Description Comment New South Wales Government regulations and guidelines
No specific legislation, policy or guidelines.
Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
South Australian Government regulations and guidelines
No specific legislation, policy or guidelines.
Tasmanian Government regulations and guidelines
This is not currently considered a role for the State Government.
Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines summarise Victoria’s broader renewable energy policy agenda to set the context for wind energy facilities. They also provide • Policy and Planning Guidelines for Development of information about Victoria’s wind resource. This information is being Wind Energy Facilities in Victoria (SEAV, 2003) updated to reflect current government policy commitments and wind resource information.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Handbook gives the reader an understanding of the purpose of the handbook, the importance of renewable energy and developing a
• Renewable Energy Handbook for Western Australia renewable energy project in WA. It outlines the approvals processes as (SEDO, 2006) well as community consultation.
Wind Industry guidelines
The relevant regulations, policy and guidelines are: The Auswind Best Practice Guidelines are specifically focussed on individual projects, rather than providing a generic understanding of
• The Best Practice Guidelines for Implementation of wind farms. Wind Energy Projects in Australia (AWEA, 2006)
30 Description Comment New Zealand regulations and guidelines
There is no specific legislation, policy or guidelines. Some local authorities have made a policy commitment to advocating for and increasing public awareness of renewable energy, including wind energy.
3.1.1 Discussion Education and awareness across jurisdictions has been ad hoc and historically has been undertaken by the wind industry and individual wind farm proponents. This is seen as a potential conflict of interest. There is an increasing role for governments in educating the community about renewable energy in line with government targets and commitments. One issue that has been raised is the means of assessing the level of greenhouse gas abatement that can be attributed to wind farms. The output from a wind farm is fed directly into the electricity grid and results in less generation being required from fossil fuel sources. For those jurisdictions operating in the National Electricity Market (NEM), the greenhouse gas abatement from the operation of wind farms will depend on the generators (coal, gas etc) that it displaces in the NEM.
3.1.2 Suggested action Governments, both Commonwealth and state, need to provide a clear policy statement supporting renewable energy. Education campaigns should be developed by government that identify the likely growth in new developments to support such policy targets. Consideration could be given to developing a guide to calculating greenhouse abatement from wind energy facilities to help not only the wind farm developers, but also the community to better understand the greenhouse benefits from wind farms.
3.2 COMMUNITY CONSULTATION PROCESS - NON-STATUTORY Non-statutory engagement and consultation relates to those processes undertaken by the proponent/developer of the wind farm in addition to the statutory consultation process (Section 3.3). The purpose of such consultation is to inform the community of a potential development and to involve the community in shaping the development. This process includes elements that are largely unique to wind farm developments.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements are established on a project-by-project basis. They typically require consultation with identified key stakeholders • Draft EIA Guidelines: Wind Energy (Planning during the preparation of environmental assessment documentation. NSW, 2002) Proponents are also typically referred to the draft Guidelines.
Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
South Australian Government regulations and guidelines
No specific provisions relating to wind farms.
Tasmanian Government regulations and guidelines
Procedures for the assessment of a Level 2 activity encourage non- statutory consultation by the proponent.
31 Description Comment Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that pre-application discussions with the relevant State and Commonwealth Government departments, agencies and • Policy and Planning Guidelines for Development of surrounding land owners are recommended. No further details are Wind Energy Facilities in Victoria (SEAV, 2003) provided around preferred pre-application consultation with community and stakeholders.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines highly recommend consultation with all relevant agencies, developers, consultants and the community. • Guidelines for Wind Farm Development Planning Bulletin 67 (WAPC, 2004) This is also reflected in the Manual which also notes that consultation • Visual Landscape Planning in WA: a manual for with all stakeholders is beneficial early in the decision-making process. evaluation, assessment, siting and design (WAPC, Consulting Citizens: A Resource Guide is guide to more effective 2007) involvement of citizens in the decision making process. The guide offers • Renewable Energy Handbook for Western Australia best practice guidelines divided into 3 sections: preparing for (SEDO, 2006) consultation; foundations for effective consultation; and outcomes. • Consulting Citizens: A Resource Guide (Department of the Premier and Cabinet, April 2002) Wind Industry guidelines
The relevant documents are: The integral role of community and stakeholder consultation is recognised in the Guidelines, as is the principle that communities should • The Best Practice Guidelines for Implementation of have the opportunity to participate in decisions that may affect them. Wind Energy Projects in Australia (AWEA, 2006) Appendix 4 of the Guidelines specifically addresses the framework for community and stakeholder engagement. Specific attention is paid to the key principles to be applied to all consultation and the process of developing a Community and Stakeholder Communications and Consultation Plan.
New Zealand regulations and guidelines
No specific provisions relating to wind farms. Assessment requirements are established on a project-by-project basis.
3.2.1 Discussion All jurisdictions encourage proponents to undertake some form of non-statutory consultation; however, there are no guidelines as to what preferred process should be recommended to be followed (with the exception of some general statements in the Auswind Best Practice Guidelines).
3.2.2 Suggested action In conjunction with the proposed National Wind Farm Development Guidelines, develop a set of guidelines for community consultation which can be applied to all wind farm proposals by the applicable proponent/developer.7 This would draw on the Auswind Best Practice Guidelines and existing state guidelines and supporting documentation. The new guidelines should address the consultation process recommended to be followed during the project feasibility, project development, construction, operational and decommissioning stages, as well as guidance for local government in their role because of potential risks at the pre-application stage. The guidelines should also encourage consultation to commence as early as reasonably possible within development of a new project.
3.3 COMMUNITY CONSULTATION PROCESS – STATUTORY Statutory consultation relates to those processes that are defined in legislation and which are to be undertaken as part of the planning approvals process. The purpose of such consultation is to ensure potentially affected parties are aware of the development and have the opportunity to participate in the approvals process. This process is similar to other developments and is generally addressed through existing regulatory processes.
7 The purpose of the guidelines needs to be clearly defined, in the sense that it is non-statutory and thus not enforceable. The clear intent of the guidelines should be to provide assistance to developers in informing communities of their plans. 32 Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Wind farms with capital investment in excess of $30 million are assessed and determined under Part 3A of the Act. This requires a minimum of • Environmental Planning and Assessment Act 1979 30 days public exhibition and public notifications. These projects are assessed and determined by the Minister for Planning. Wind farms with capital investment less than $30 million, but with generating capacity in excess of 30MW, are designated developments under Part 4. This requires a minimum of 30 days public exhibition and public notification. These projects are assessed and determined by the local council. All other wind farms (less than $30 million and less than 30MW) are typically publicly exhibited for at least 14 days with public notifications. These projects are assessed and determined by the local council. Appeal rights for wind farm developments in NSW are: • Wind Farms with Capacity of Less than 30MW: Procedural appeal rights (available to any person) only - to restrain a breach of the Environmental Planning and Assessment Act 1979. • Wind Farms with Capacity of More than 30MW but less than 250MW: Procedural appeal rights (available to any person) - to restrain a breach of the Environmental Planning and Assessment Act 1979. Merit appeal rights (available to third-party objectors who made a submission during the public exhibition period). Merit appeal rights are extinguished if the proposal is subject to a Concept Plan or if an Independent Hearing and Assessment Panel is convened. Winds Farms with Capacity of at Least 250MW: Wind farms with capacity to generate at least 250MW are currently declared 'critical infrastructure projects' (for applications lodged before 1 January 2013) and do not attract any appeal rights (neither procedural nor merit-based). Queensland Government regulations and guidelines
The relevant regulations, policy and guidelines are: No specific provisions relating to wind farms; however, it is expected that such development would require an “impact assessment” level of • Integrated Planning Act 1997 consideration under the Integrated Planning Act 1997 (IPA). This requires • State Development and Public Works Coordination public consultation as per the provisions of that Act. Act 1971 If designated a “significant project” under the State Development and Public Works Coordination Act (see response to scale of wind farms), public consultation would also be undertaken through an EIS process. Statutory requirements for public involvement in development assessment (including appeals) are contained in the IPA. In general IPA classifies development as:
• Exempt development – No approvals required • Self assessable development – No approvals required provided requirements of a self assessable code are met • Code assessable development – Development approval required but assessment is only against an assessment code that is usually part of a planning scheme. Code assessable development is not subject to public notice and no third party appeals are provided • Impact assessable development – Public notice of applications is required. Assessment is against the whole planning scheme and public submissions are considered. Third part appeal rights are provided • IPA and individual planning schemes establish the class of development for specific use • State planning regulator provision can be made in specific circumstances (e.g. to implement a regional plan or to prevent serious environmental harm). Regulatory provisions have precedence over other state and local planning instruments • Public authorities may also be involved in assessment as concurrence or advice agencies and assess proposals against their relevant laws and policies or associated state planning instruments. Concurrence agencies can direct local authorities to set conditions in an approval or direct refusal. Regardless of development type (code or impact) concurrence agencies are generally joined in any appeal by the applicant. • State planning instruments may also be made under PA. These 33 Description Comment generally apply to specific subject matters (e.g. provision of low cost housing). They may include policies and assessment codes. Local government must apply these in development assessment unless provisions have been incorporated into a planning scheme. State planning instruments include: o State planning policies o Regional plans o State planning regulatory provision (SPRP) • SPRPs take precedence cover all other planning instruments. South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Category 3 Public Consultation
• Public consultation processes as prescribed by • Direct notices to owners and/or occupiers of adjacent land and Section 38 of the Development Act 1993 (generally anyone else who, in the opinion of the relevant authority, would Category 3 public notification) be directly affected to a significant degree, and additionally, • Alternatively, Major Development public notification to general public through newspaper notice consultation processes as prescribed by • Application on display for 10 business days at principal office of Sections 46-48 of the Development Act (e.g. relevant authority– relevant authority has discretion on provision Myponga Wind Farm) of copies of documents • Crown development and public infrastructure public • Written representations must be submitted during 10 day consultation processes as prescribed by Section 49 of notification period the Development Act (e.g. Starfish Hill Wind Farm) • Persons who make valid representation are entitled to be heard Note: Applicants may undertake their own by relevant authority community consultation in addition to statutory • Applicant and persons who made valid representation can appeal requirements but there is no requirement to do so, to Environment, Resources & Development Court (except non- and this does not negate statutory consultation complying where applicant has no appeal rights). requirements Major Development Public Consultation Consultation process dependent on level of assessment:
• Notification of Environmental Impact Statement (EIS), Public Environmental Report (PER) or Development Report (DR) to general public through newspaper notice only, no direct notices • EIS or PER on display for 30 business days, DR 15 business days, at places determined by Minister – copies available for purchase. • Written representations must be submitted within display period • Public meeting must be held for EIS or PER within display period, no public meeting for DR • Governor decision - no applicant or third party appeal rights Crown Development Public consultation only if development cost is over $4 million, no consultation for less than $4 million cost.
• Notification to general public through newspaper notice only, no direct notices • Application on display for 15 business days • Written representations must be submitted within 15 day display period • Persons who make valid representation are entitled to be heard by Development Assessment Commission who report to the Minister Minister decision – no applicant or third party appeal rights.
Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The System provides for three levels of assessment as defined in “Variability of assessment based on scale of wind farms”. • The Tasmanian Resource Management and Planning System For Levels 1 & 2, the following apply: • Land Use Planning and Approval Act 1993 • Level 1 activities are advertised for public comment for a • Environmental Management and Pollution Control minimum of 14 days prior to Council’s decision on the Act 1994 development application. Any member of the public who makes a representation during this period has the right to appeal the final decision. • Level 2 activities are subject to the similar advertising and appeal rights to Level 1. The duration of the public comment period is generally longer and the DPEMP is included in the information
34 Description Comment available for public scrutiny. • Level 2 activities which attract a high level of public interest or are subject to assessment under the Commonwealth EPBC Act are classified as 2C assessments. This generally involves the additional step of advertising the DPEMP guidelines for public comment prior to issue to the proponent. This ensures that interested stakeholders are alerted to the proposal at an early stage of its development and have an opportunity to influence the scope of the DPEMP. Wind farms in Tasmania are subject to public consultation twice during the assessment process (on the guidelines for the DPEMP and the DPEMP itself). Members of the public who made a representation in relation to the DPEMP also have the right to appeal the final permit conditions.
Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The planning permit procedure is provided in the Act. Where required, public notice of wind energy facility applications must be given for at
• Planning and Environment Act 1987 least 14 days. Notice is generally given to adjoining land owners, the council, to any person to whom the planning scheme requires and to any other person if the responsible authority considers that the grant of the permit may cause material detriment to them. Victoria’s planning processes provide extensive opportunities for local communities to be notified and have their views carefully considered. These include notification and possible exhibition processes, Panel hearings or review by the Victorian Civil and Administrative Tribunal.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines outline the relevant considerations that the responsible planning authority should take into account (such as relevant local and
• Guidelines for Wind Farm Development Planning region scheme provisions). In rural, non-urban and similar land use Bulletin 67 (WAPC, 2004) zones, local government should consider wind farm proposals under the • Renewable Energy Handbook for Western Australia provisions of Clause 4.4.2 (b) Model Scheme Text; that is, the use is (SEDO 2006) considered discretionary for which the approval of local government is • WA Planning and Development Act 2005 required and the public advertising procedures of Clause 9.4 apply. For development approvals and land use approvals Western Australia does not allow third party appeals but only developer appeals, called reviews, which are heard by the State Administrative Tribunal. There is no right of appeal for Scheme Changes. As regards Environmental Protection Authority recommendations there are appeal rights for all and these are heard by the Appeals Convenor and the decision is made by the Minister for the Environment.
Wind Industry guidelines
Refer to comments on non-statutory consultation.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: The Resource Management Act makes it explicit that there is no duty to consult about resource consent applications. • Guidance note on assessing applications available on the quality planning website Although neither the guidance note nor Ministry for the Environment (http://www.qualityplanning.org.nz/). guide referred to here are specifically designed to guide the consultation • Ministry for the Environment - Guide to preparing process, they provide insight into best practice community consultation a basic assessment of environmental effects and give links to relevant case law on the matter. (http://www.mfe.govt.nz/publications/rma/aee-
guide-aug06/aee-guide-aug06.pdf.) • Resource Management Act 1991
3.3.1 Discussion Statutory consultation requirements and processes are a matter for individual states and territories legislative and regulatory frameworks. As a result, consultation requirements, processes and periods vary between jurisdictions. Developers need to satisfy the planning requirements specific to each state.
35 It is understood that jurisdictions already adopt the Development Assessment Forum (DAF)8 Leading Practice Model.9 The DAF model provides an example of how national harmonisation can be achieved without interfering with jurisdictional independence or existing legislative processes and requirements.
3.3.2 Suggested action None required.
4 OTHER ISSUES
4.1 VARIABILITY OF DEGREE OF ASSESSMENT BASED ON SCALE OF WIND FARMS Wind developments may come in a range of sizes, from small community wind farms (10’s MW) to large commercial developments (multiple 100’s MW). Presently, trigger points based on size of development are used to determine the type of assessment in some jurisdictions.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements for Part 3A projects are established on a project-by-project basis by the Department of Planning, with input from • Draft EIA Guidelines: Wind Energy other regulatory agencies. (PlanningNSW, 2002) Assessment requirements for Part 4 designated developments are set in legislation and supplemented by requirements established on a project- by-project basis by the Department of Planning. Assessment requirements for other Part 4 proposals are set in legislation and supplemented by the requirements of the particular consent authority (ie local council). Refer to comments on appeal rights under Community Consultation Process – Statutory.
Queensland Government regulations and guidelines
The relevant regulations, policy and guidelines are: No specific provisions relating to wind farms.
• Integrated Planning Act It is expected that a wind farm would trigger generic “material change of • State Development and Public Works Organisation use” development assessment under the IP Act. The assessment would Act be against local and regional plans and state policies as applicable. The Local Government Area would most likely be the assessment manager but, depending on location, an application may be referred to State agencies for assessment (either in a concurrence or advice role). Major projects are likely to be designated as “significant projects” under the SDPWO Act. This provides a process whereby a whole-of- government assessment is undertaken (generally with an Environmental Impact Statement). This process includes public consultation.
South Australian Government regulations and guidelines
No specific provisions relating to wind farms.
8 The Development Assessment Forum (DAF) was formed to recommend ways to streamline development assessment and achieve consistency, while retaining quality decision-making. The Forum’s membership includes the three spheres of government (Commonwealth, state/territory and local government), the development industry and related professional associations. Through its linkages with the Planning Officials Group, DAF provides advice and recommendations to Local Government and Planning Ministers.
9 The Leading Practice Model provides a guide to the various jurisdictions in developing efficient, effective and nationally harmonised development assessment systems. The DAF model provides a toolkit that can be adapted and adopted by jurisdictions to suit their specific needs. Application of the model in each jurisdiction will result, over time, in the increased harmonisation of systems across Australia. The DAF model does not seek to prescribe a specific approach for third party involvement, but rather sets out ten assessment tracks based on project complexity and impact. Jurisdictions can apply these assessment tracks through their planning ordinance or regulatory instrument to classes of use or development. The DAF leading practice model recognises that the development of effective planning policies should involve effective consultation with the community (amongst others) and consequently that community notice and consent processes are targeted to those applications where decisions that require balancing of policy objective will be informed by community views. Third party involvement (public notification/opportunity for comment and opportunity for review/appeal) is limited to the ‘merit assess’ and ‘impact assess’ tracks (to different degrees). 36 Description Comment Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Tasmanian Resource Management and Planning System provides for three levels of assessment for all proposed developments: • The Tasmanian Resource Management and Planning System • Smaller development proposals are assessed under the LUPA Act • Land Use Planning and Approval Act 1993 by the local Council (Level 1) • Environmental Management and Pollution Control • The environmental aspects of most industrial development Act 1994 proposals are assessed under EMPC Act by the Board of the Environment Protection Authority (Level 2) • A proposal may be declared to be a Project of State Significance (Level 3). These are subject to an integrated assessment by the Resource Planning and Development Commission. Schedule 2 of the EMPC Act defines facilities for generating energy through wind with a maximum generating capacity of 30MW or more to be Level 2 activities. It is possible for a smaller wind farm to be “called in” for assessment as a Level 2 activity and it is hypothetically possible for a very large wind farm to be declared a Project of State Significance. The three major wind farms (greater than 30MW) assessed to date in Tasmania have all been assessed as Level 2 activities and all of the wind energy projects smaller than 30MW have been assessed as Level 1 activities. To date no wind farm proposals have been declared to be Level 3 projects.
Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: There is no variability outlined in the assessment process in the Guidelines. However, the responsible authority has discretion regarding
• Policy and Planning Guidelines for Development of the level and extent of information required to be provided with Wind Energy Facilities in Victoria (SEAV, 2003) applications and the appropriate notice requirements. Depending on the proposed installed capacity of the wind farm, the relevant responsible authority changes — local council (≤30MW), State Government (>30MW).
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Manual addresses issues and principles for wind farm developments at three scales of application — regional, local and site-specific. • Visual Landscape Planning in WA: a manual for evaluation, assessment, siting and design (WAPC, 2007) Wind Industry guidelines
The relevant documents are: The principles contained in the Guidelines apply to all wind developments, although the work required for a specific development • The Best Practice Guidelines for Implementation of may vary in nature and scale depending on its size. Wind Energy Projects in Australia (AWEA, 2006) New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: Schedule 4 to the Resource Management Act requires that the degree of information supplied by the applicant in the Assessment of • Guidance note on assessing applications available Environmental Effects is commensurate with the scale and nature of the on the quality planning website actual and potential effects of the proposal. In practice this requires (http://www.qualityplanning.org.nz/). applicants to make judgements as to the scope and degree of information • Ministry for the Environment - Guide to preparing they supply. Consent Authorities are empowered by the RMA to request a basic assessment of environmental effects further information and this has the potential to significantly slow (http://www.mfe.govt.nz/publications/rma/aee- processing times. This potential serves an incentive to applicants to guide-aug06/aee-guide-aug06.pdf.) engage with councils and the community in order to identify information requirements and to ensure that all the necessary information is supplied • Resource Management Act 1991 up front. Amendments to the Act in 2005 appear to have limited uncertainty due to misuse of section 92 - but abuse still occurs and the uncertainty created by non-specific information requirements is the subject of ongoing concern among generators.
37 4.1.1 Discussion Across the different jurisdictions different legislative requirements and guidelines apply to the level of assessment required for wind farm developments. Some jurisdictions apply different assessment processes or requirements based on the scale of a development while the scope of assessment in other jurisdictions is determined on a case by case basis. The scale of wind farm developments - either the number of turbines, the size of turbines or the generation capacity - may bear some relationship to the potential risks and impacts (such as impacts on visual landscape and local amenity). However, risk and impact will vary according to the circumstances of individual proposals and the locale. For example, a small scale wind farm set in a particularly sensitive area (such as the habitat of a threatened bird species) will be far more problematic than a large wind farm in a location with no particular sensitivities. Where a differentiation regarding the scale of the development is made, the limit is generally set at an installed capacity of 30MW. This limit also fits with changes to the National Electricity Rules, which will see renewable developments larger than 30MW listed as semi-dispatch. Currently wind farms can export to the grid unconstrained. However, under the new rules, semi-dispatch generators may be asked to reduce or cease exports under grid constraint conditions. Variability in the degree of assessment is desirable to ensure that the rigour of the assessment is appropriate to the environmental risk of the project. However, variability in the degree of assessment could become an impediment to the development of wind farms if an arbitrary threshold between major and minor assessment requirements imposes an extremely rigorous assessment on a project with minimal risk.
4.1.2 Suggested action Recommend, as a best practice approach, providing flexibility in assessment requirements to ensure that the rigour of the assessment is proportional to the level of risk associated with the proposal.
4.2 AIRCRAFT SAFETY AND LIGHTING (LEADING TO FURTHER IMPACT VISUALLY AND FOR BIRDS) The presence of wind turbines at a location, like any tall structure (eg building, telecommunications tower), may pose a risk to aircraft transiting the area. The Civil Aviation Safety Authority (CASA) is the primary agency dealing with this issue; however, other authorities also hold an interest (eg Air Service Australia and Defence). The general response is to require the installation of lighting on top of some towers, but this has secondary impacts on visual amenity and birds. These secondary impacts should also be considered when proposing mitigation measures to avoid aircraft collision.
Description Comment New South Wales Government regulations and guidelines
The relevant regulations, policy and guidelines are: Assessment requirements are established on a project-by-project basis. They typically refer to AC139-18(0). • AC139-18(0) – Obstacle Marking and Lighting of Wind Farms (CASA, 2007) Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to ensure a development does not impact on the safety of air transport operations and facilities. • Relevant Development Plan policies Plans include mandatory referral to Commonwealth authorities where buildings impinge on building height limits shown in “Airport Building Heights” maps in Development Plans. The relevant authority must follow the direction of the Commonwealth authorities. The relevant authority may seek informal advice from CASA or other air safety authority where there is no mandatory referral.
Tasmanian Government regulations and guidelines
A matter for CASA, not a State Government responsibility.
38 Description Comment Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines note that the height of wind energy turbines can be substantial, resulting in potential impact upon nearby airfields. • Policy and Planning Guidelines for Development of Consultation with CASA is necessary to determine any airfields within a Wind Energy Facilities in Victoria (SEAV, 2003) 30km radius and associated requirements. The responsible authority must ensure that turbines should not protrude into any obstacle limitation surface for any airfield. CASA should be consulted.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines recommend that the development should be highlighted on all navigational maps and be equipped with appropriate safety tower • Guidelines for Wind Farm Development Planning lighting. The CASA Manual, CASA, Air Services Australia and the RAAF Bulletin 67 (WAPC, 2004) should be consulted, as appropriate, for wind farms that are in the • Civil Aviation Safety Authority (Manual of vicinity of flight paths etc. Standards 139) Wind Industry guidelines
The relevant documents are: The Guidelines note that potential impacts on aircraft should be accounted for during site planning. Proponents are specifically advised • The Best Practice Guidelines for Implementation of to contact CASA, Air Services Australia, the authorities responsible for Wind Energy Projects in Australia (AWEA, 2006) the operation of such facilities in the vicinity of the proposed site, and local agricultural aviators. There is no reference to the Department of Defence. The only reference to the Royal Australian Air Force (RAAF) is in relation to advising the RAAF of the location of any monitoring masts. Appendix 5 of the Guidelines provides additional detail in respect of aircraft safety, including CASA requirements for lighting.
Commonwealth regulations and guidelines
The relevant regulations, policy and guidelines are: Defence are developing a set of guidelines for siting wind farms with respect to Defence aviation activities. • AC139-18(0) – Obstacle Marking and Lighting of Wind Farms (CASA, 2007) Civil Aviation Safety Authority has recently advised that Advisory • Defence (Areas Control) Regulations 1989 Volume Circular 139-18(0) will be withdrawn for revision. 13 Statutory Rules 1989 No. 337 as amended made under the Defence Act 1903 • Manual of Standards (MOS) Part 139 - Aerodromes New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: Approval is required from the Civil Aviation Authority before erecting structures in the vicinity of airports or in identified flight paths. • Civil Aviation Act 1990 – Part 77 Objects and Activities Affecting Navigable Airspace June 2007
4.2.1 Discussion This is a Commonwealth planning issue covered by several Commonwealth agencies. The current CASA requirements are based on the height to the blade tips and do not account for local topography. This may lead to a situation where a 95m turbine on a hill needs no lighting, but a 110m turbine in the adjacent valley needs lighting — even though the shorter tower on the hill poses a greater risk to aviation. CASA’s statutory power to require obstacle marking and lighting on obstacles under Civil Aviation Safety Regulation Part 139-18(0) only applies within the vicinity (approximately 30km) of an aerodrome. CASA cannot mandate the lighting or marking of structures outside the vicinity of aerodromes. It is CASA's view that this is a decision for, and the responsibility of, the developer. Any associated requirements placed on developers by planning authorities, insurers or financiers are beyond CASA’s scope. In 2007 CASA published Advisory Circular 139-18(0) to provide guidance to wind farm developers on their hazardous potential for aviation and to provide advice on means of marking or lighting them to mitigate such hazards. The advice contained within that circular gave the impression that CASA could require the lighting of obstacles not in or near the vicinity of an aerodrome. CASA's Industry Complaints Commissioner (ICC) has since considered industry complaints regarding AC 139-189(0) which identified a 39 number of issues with the circular. After considering the report of the ICC, the CEO has directed that CASA withdraw Advisory Circular 139-18(0). The CEO has also directed that CASA now undertake an appropriate safety study into the risk to aviation posed by wind farms and develop a new set of guidelines. This process will include appropriate consultation with industry and stakeholders on wind farms and a risk management approach with respect to aviation. The Department of Infrastructure, Transport, Regional Development and Local Government is currently developing its National Aviation Policy Statement. Defence concurs with the CASA Advisory Circular AC 139-18(0) Obstacle Marking and Lighting of Wind Farms. Defence would like to asses all wind farm proposals to assess the impact on Defence activities including the safety of aircraft operations and the operation of radars, communications and navigation aids (navaids). Airservices Australia would also like to review wind farm proposals as they may impact on the safety of airport operations. Defence are developing a set of guidelines for siting wind farms with respect to Defence aviation activities. Defence (Areas Control) Regulations (DACR) have been extended for the major Defence airfields. The DACR contains the Obstruction Clearance Surface (OCS) and imposes height constraints over the land within approximately 15km radius of an airfield. The DACR are regulations made under the Defence Act 1903 and require any proposal for a structure higher than the DACR constraints to be referred to Defence for approval. A wind farm situated within 15km of an airfield has the potential to infringe the OCS and would not be supported by Defence as the wind turbines would be a hazard to aircraft. Defence further advises that wind farms situated within 30km of an airfield would have the potential to impact on aircraft flying by instruments. Areas marked as Prohibited, Restricted or Danger Area on aeronautical charts may be used for low level flying or low level jet routes. Defence very strongly discourages wind farms in designated low flying areas. Wind monitoring masts are also of concern due to their small visual profile and the guy wires which support them. Defence requests that developers consult Defence to assess the impact of their wind monitoring masts prior to construction.
4.2.2 Suggested action Note that CASA is currently revising Advisory Circular 139-18. CASA will undertake an appropriate safety study into the risk to aviation posed by wind farms and develop a new set of guidelines. This process will include appropriate consultation with industry and stakeholders on wind farms and a risk management approach with respect to aviation. Note also that Defence is developing a set of guidelines for siting wind farms with respect to Defence aviation activities.
4.3 ELECTROMAGNETIC INTERFERENCE (INCLUDING BOM EQUIPMENT) There are three main mechanisms by which wind turbines can produce electromagnetic interference that may affect radio, television, mobile phones and possibly radar. The first mechanism is a near field effect resulting from electromagnetic fields produced by the generator and switching mechanisms in the turbine nacelle. This is addressed by the electromagnetic emission standard AS/NZS 4251.2: 1999. The second mechanism is diffraction resulting from turbines providing obstructions to advancing electromagnetic wavefronts which are partly reflected and partly absorbed by the turbines. The third mechanism is reflection/scattering caused by rotating blades receiving the primary signal and producing a scattered signal, so that the receiver picks up two signals of which one (the scattered signal) is time delayed or distorted compared to the primary.
Description Comment New South Wales Government regulations and guidelines
Assessment requirements are established on a project-by-project basis. They typically include consideration of interference in electric and magnetic fields.
40 Description Comment Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to minimise nuisance or hazard arising from interference to television or radio signals. • Relevant Development Plan policies The relevant authority may seek informal advice from technical regulators or BOM. There is no requirement for mandatory referral.
Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines require that the DPEMP should identify the potential for the project to disrupt communications signals and also identify the public • General Guidelines for the Preparation of a health issues potentially associated with electric and magnetic fields from Development Proposal and Environmental the project (particularly transmission lines). Management Plan for Wind Energy Projects (DPIWE, 2004) Victorian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state that the siting of wind turbines in the “line of sight” between transmitters and receivers should be avoided. • Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria (SEAV, 2003) Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Guidelines state “that electromagnetic interference is likely to be limited. However, effects can be minimised through the appropriate • Guidelines for Wind Farm Development Planning turbine siting, avoiding the line of sight of telecommunications Bulletin 67 (WAPC, 2004) transmitters and receivers or through technical modifications to turbines, repeater stations or receivers.”
Wind Industry guidelines
The relevant documents are: The Guidelines identify the potential for wind turbines to interfere with microwave, television, radar or radio transmissions. They also identify • The Best Practice Guidelines for Implementation of this issue as potentially requiring detailed assessment. Wind Energy Projects in Australia (AWEA, 2006) Appendix 11 of the Guidelines provides additional detail in respect of likely effects and possible remedial actions. While mention is made of the possibility of interfering with aircraft radar, the Guidelines primarily focus on telecommunications (radio and television).
Other Guidelines/Standards
The relevant documents are: Auswind Best Practice Guidelines deal with these issues in more detail.
• Australian Standard: Limits of electromagnetic interference from overhead a.c. powerlines and high voltage equipment installations in the frequency range 0.15 to 1000 MHz (AS/NZS 2344:1997) • Electromagnetic compatibility (EMC) - Generic emission standard - Industrial environments (AS/NZS 4251.2: 1999) New Zealand regulations and guidelines
No specific provisions relating to wind farms.
4.3.1 Discussion Electromagnetic interference can cause annoyance for local residents by interfering with radio, television, GPS and mobile phone operation. This is most effectively addressed by using rules-of-thumb when siting turbines, such as avoiding line of site between receivers (dwellings) and transmitters to minimise the likelihood of interference. Post construction monitoring will then identify any remaining issues which can be addressed at a local level via installation of signal boosters, improved aerials or several other remedies.
41 International experience indicates that electromagnetic interference from wind farms can also impact on radar operation. Impacts on radar are sometimes alluded to in current regulations but are not specifically addressed. A wind farm situated within the radar line-of-sight, within the line-of-sight of a microwave link or within proximity to a navigation aid or trig station, can also impact on the operation of these facilities. Commercial and government operators of such facilities (such as Defence and Airservices Australia) often have their own requirements and standards for assessing EMI and like to assess wind farm proposals to ensure the wind farm does not degrade the operation of these systems. Similarly, commercial or community-based operators of other services for local residents (particularly mobile phone services and potentially fire or emergency services) may seek to undertake their own assessment of potential EMI. As such, specification of a standard method for modelling EMI for wind farms may not be appropriate.
4.3.2 Suggested action The proposed National Wind Farm Development Guidelines should provide advice on how wind farm proponents should address impacts on parties affected by EMI. Reference to the Auswind Best Practice Guidelines could be included.
4.4 RISK OF FIRE Wind turbines produce energy by transferring mechanical energy (rotation of the blades) into electrical energy through a generator. In this operation, there is the risk that sparks may be created by the generator and the concern is that these may result in a fire inside of the turbine that could spread to adjacent areas of bush and grassland. It should be noted that wind farms are generally situated on ridgelines in areas of open pasture where the wind resource is not affected by surrounding trees. This, in turn, reduces the risk of bushfire from these facilities.
Description Comment New South Wales Government regulations and guidelines
Typically not addressed.
Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines Development Plan policies seek to minimise bushfire risk. are: The relevant authority may seek informal advice from Metro or Country Fire • Relevant Development Plan policies Services. There is no requirement for mandatory referral. • Building Rules Assessment under the Building Rules Assessment deals with fire safety issues within buildings. Development Act Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines The Guidelines require that the DPEMP should identify the potential fire risk are: associated with the project. This should include consideration of fire within the site, fire escaping from the site and the effect of wildfire originating
• General Guidelines for the Preparation of a outside the development. Development Proposal and Environmental Management Plan for Wind Energy Projects (DPIWE, 2004) Victorian Government regulations and guidelines
Not addressed.
Western Australian Government regulations and guidelines
The relevant documents are: Some general guidance provided within the planning document.
• Planning for Bushfire Protection (WAPC and FESA 2001) Fire and Emergency Services Authority of Western Australia (FESA)
42 Description Comment Wind Industry guidelines
The relevant documents are: The Guidelines identify fire hazard management as an issue that potentially requires detailed assessment. They recommend consultation with rural fire • The Best Practice Guidelines for services early in the development process. Implementation of Wind Energy Projects in Australia (AWEA, 2006) While noting the low risk of fire from a wind development, Appendix 10 of the Guidelines provides guidelines for fire management. Specific actions identified for fire management include consulting with local and regional rural fire offices, agreeing on appropriate fire management actions and developing an Emergency Response Plan. Appendix 10 also provides specifications for roads/tracks within the development to ensure ready access by fire vehicles. It also recommends identifying local water reserves, maintaining basic fire-fighting equipment on-site and providing mobile telephone and UHF radio communications on construction sites.
New Zealand regulations and guidelines
Not addressed.
4.4.1 Discussion No specific guidelines are identified apart from those in the Auswind Best Practice Guidelines. The Australian Standard AS1851-2005 Maintenance of fire protection systems and equipment and the International Electrotechnical Commission standard IEC 61400-1 Wind Turbine Safety and Design may also be relevant. Fire risk associated with wind farms is fundamentally no different from the fire risk associated with any other industrial or farming equipment that may operate in similar condition, and thus, should be addressed under existing schemes. There are dissenting views as to the real fire risk associated with wind turbine generators. Independent research could provide a basis for determining whether there is a need for any specific requirements to address fire risk and will also provide a valuable resource for public education. Developers are very exposed to risk from fires as they stand to lose a multi-million dollar investment in the form of the wind turbine generator (or the whole farm if the fire spreads). The same applies to their insurers.10 Both parties therefore have considerable incentive to minimise the risk of fire.
4.4.2 Suggested action Fire risk is typically already addressed by local regulatory frameworks. Within the proposed National Wind Farm Development Guidelines, encourage better consultation with local and regional fire authorities.
4.5 RISK OF LIGHTNING STRIKE The metallic structure of a wind turbine may serve as a conductor for lightning produced by storms in the vicinity of the turbine. The concern is that this may increase the risk of lightning producing bush and grass fires. This issue is similar to that resulting from any tall structure (eg building, telecommunications tower) and is generally regarded as a design issue.
Description Comment New South Wales Government regulations and guidelines
Typically not addressed.
Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
10 An assessment of insurance claims by the Danish Insurance Association over a 15 year period up to 1998 indicated fire was a contributing cause in only 7% of claims. The report also noted that improvements had been made to turbine design to reduce fire risk (eg installation of oil coolers, use of fire-retardant materials for noise insulation, addition of shielding on disc brakes, installation of remote monitoring systems). 43 Description Comment South Australian Government regulations and guidelines
Not assessed. This is a technical issue and is not relevant to planning or environmental assessment.
Tasmanian Government regulations and guidelines
This is a basic engineering consideration for the proponent. It is not considered to be relevant to environmental or social impact assessment except as it relates to fire risk (covered separately).
Victorian Government regulations and guidelines
Not addressed.
Western Australian Government regulations and guidelines
Not addressed.
Wind Industry guidelines
The relevant documents are: Appendix 12 of the Guidelines identifies a range of standards to be met in the design and planning of wind developments. These include AS/NZS • The Best Practice Guidelines for Implementation of 1768(Int)-2003 Lightning protection and IEC/TR 61400-24:2002 Wind Wind Energy Projects in Australia (AWEA, 2006) turbine generator systems - Part 24: Lightning protection.
New Zealand regulations and guidelines
Not addressed.
4.5.1 Discussion This is covered by national and international design standards.
4.5.2 Suggested action None required.
4.6 IMPACT ON PROPERTY VALUE The presence of a wind farm may result in changes to land values in the area surrounding the development. This is similar to any proposed development in an area. At present there are no requirements for other developments that comply with local zoning regulations and that have planning approval to pay compensation to landowners in proximity to the development.
Description Comment New South Wales Government regulations and guidelines
Assessment requirements are established on a project-by-project basis. They typically include consideration of impacts on property values, land use conflicts and land/ resource sterilisation.
Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
South Australian Government regulations and guidelines
Not assessed. Not relevant in any planning or environmental assessment.
Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The LUPA Act objectives provide for explicit consideration of social and economic effects when decisions are made about the use and
• Land Use Planning and Approval Act 1993 development of land.
Victorian Government regulations and guidelines
Not addressed.
44 Description Comment Western Australian Government regulations and guidelines
Not addressed.
Wind Industry guidelines
The issue is not specifically mentioned in the Auswind Best Practice Guidelines.
New Zealand regulations and guidelines
No specific provisions relating to wind farms.
4.6.1 Discussion There is no requirement for any other development to undertake an assessment of impacts on property values (presumably with a view to compensating aggrieved individuals). It would be a dangerous precedent to introduce such a requirement for wind developments. The issue of appropriate siting of such facilities should be addressed where it is best placed and currently sits — in the zoning schemes.
4.6.2 Suggested action None required.
4.7 COMMUNITY BENEFIT A wind farm may produce benefits to the community through reducing the nation’s carbon footprint, creating local and regional employment during both construction and operation stages, and through payment of rates (or the like) to local councils.
Description Comment New South Wales Government regulations and guidelines
Typically not addressed.
Queensland Government regulations and guidelines
No specific provisions relating to wind farms.
South Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: Development Plan policies seek to minimise adverse impacts and maximise positive impacts on the community. • Relevant Development Plan policies Tasmanian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The LUPA Act objectives provide for explicit consideration of social and economic effects when decisions are made about the use and • Land Use Planning and Approval Act 1993 development of land.
Victorian Government regulations and guidelines
Generators including wind farms have the option to elect not to pay council rates under the Local Government Act and make payment in lieu of rates according to a formula prescribed by the Electricity Industry Act. Payment in lieu of rates is based on $40,000 plus $900 per MW of rated capacity, with discounts for generators operating at low capacity.
Western Australian Government regulations and guidelines
The relevant regulations, policy and guidelines are: The Handbook provides reader-friendly background information on the importance of renewable energy for future sustainable generations. • Renewable Energy Handbook for Western Australia (SEDO, 2006)
45 Description Comment Wind Industry guidelines
The relevant documents are: The Guidelines note that a “best practice wind farm” will make a positive economic contribution to the community in which it is located. • The Best Practice Guidelines for Implementation of Wind Energy Projects in Australia (AWEA, 2006) The Guidelines note the need to develop an impact statement that identifies, among other things, the economic effects of the project. The impact statement should include details of the number of temporary and permanent jobs created and the value of contracts available locally. The assessment of socio-economic impacts is identified as an area potentially requiring detailed assessment.
New Zealand regulations and guidelines
The relevant regulations, policy and guidelines are: Aside from the Wind Energy Association’s fact sheet, there are no specific provisions relating to wind farms. • Wind Energy Association Fact Sheet 4 – Tourism.
4.7.1 Discussion There is no uniformity regarding municipal rates across jurisdictions. Some councils are aware of the revenue stream that can be generated by wind farm developments, while others are not aware of the revenues they are entitled to.
4.7.2 Suggested action Note that it is up to municipal authorities to decide how rates are set.
46 ATTACHMENT 1 – WIND FARM DEVELOPMENT WORKING GROUP OF OFFICIALS The Australian Government has committed to deliver 20% of Australia’s electricity supply from renewable energy by 2020. This will drive significant investment in wind farm development. The wind energy industry has expressed a need for greater consistency and transparency in the wind farm planning and assessment processes Australia-wide. It has called for a national approach and expressed a willingness to work with governments to develop a code of practice to facilitate informed decision-making. Some communities have raised concerns about wind farm developments, mostly on the basis of visual impact on landscapes, turbine noise and potential impact on threatened species of birds and bats. Building community acceptance of a technology that has the potential to deliver a significant proportion of Australia’s future electricity needs and greenhouse gas abatement is vital to the continued development of the wind industry in Australia. Wind farm development would benefit from governments acting collectively to deliver a higher degree of consistency and certainty about the planning, assessment processes and environmental performance monitoring of wind farms, including in relation to community consultation. The Working Group of Officials will report to the EPHC Standing Committee on how impediments to the uptake of wind energy might be addressed, including the possibility of establishing a national code for wind farms.
MEMBERSHIP Chair: Commonwealth Members: New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania and a representative of Local Government and Planning Ministers’ Council Secretariat: NEPC Service Corporation
TERMS OF REFERENCE The aim of the Working Group is to identify the impediments associated with wind farm development in Australia and to establish whether it is possible to enhance confidence from the community and industry in the wind farm planning and assessment processes through the development of a national wind farm code or by other means. Its role is to:
• Settle membership of the Stakeholder Reference Group, based on a review of the membership of the existing Commonwealth working group established in 2007 to develop a National Wind Farm Code. • Consult with the Stakeholder Reference Group during the development of the working group report • Identify key impediments to the environmentally and socially responsible development of the wind energy projects. • Develop a report on how identified impediments to wind power might be addressed, focussing in particular on consistency and certainty about the planning and assessment process, including ongoing environmental monitoring of wind farms. Consideration will be given as to how any suggestions sit in relation to relevant planning and environmental legislation. • Examine whether there would be advantages in drawing the documents listed below together (in particular their key principles) under a national wind farm code.
In developing the report, the Working Group should consider the following documents:
• Various Commonwealth, state and territory requirements under legislation and government policy in relation to planning and assessment for wind farm development. • Existing industry tools such as Best Practice Guidelines; the Interim Standards for Assessing the Risks to Birds from Wind Farms; the National Framework for Assessing Landscape Values for Wind Farms; and the Wind Industry Accreditation Scheme.
47 ATTACHMENT 2 – WORKING GROUP MEMBERSHIP
Stephen Oxley (Chair) Renewable Energy Branch Assistant Secretary Department of the Environment, Water, Heritage and the Arts
Jadranka McAlpine Renewable Energy Branch Acting Director Department of the Environment, Water, Heritage and the Arts Renewable Energy Deployment Team
Rebecca Collins Renewable Energy Branch Project Officer Department of the Environment, Water, Heritage and the Arts Renewable Energy Deployment Team
Simon Howes Planning SA Principal Planner, Legislation
John Lane Strategy and Policy Division Director, Integrated Planning Environmental Protection Agency (QLD)
Leigh Simpkin Office of Climate Change Principal Policy Officer Department of Environment and Conservation (WA)
Tara Cherrie Environment and Sustainability Senior Environmental Planner Department for Planning and Infrastructure (WA)
Tristy Fairfield Office of Climate Change Policy Officer Department of Environment and Conservation (WA)
Scott Jeffries Department of Planning (NSW) Director Major Infrastructure Assessments
Nicholas Sawyer Assessments Section, Environment Division Senior Environmental Officer Department of Environment, Parks, Heritage and the Arts (TAS)
Darryl Cook Assessments Section, Environment Division Director, Assessments Section Department of Environment, Parks, Heritage and the Arts (TAS)
Cameron Frazer Sustainability and Innovation Manager, Sustainable Energy and Transport Environment Policy and Climate Change Department of Sustainability and Environment (VIC)
Sarah McDonald Department of Planning and Community Development (VIC) Manager, Statutory Initiatives Representative of Local Government and Planning Ministers’ Council Joint Committee
Diwaker Basnet Environmental Policy and Climate Change Division Senior Policy Officer Department of Sustainability and Environment (VIC) Sustainable Energy and Transport
Monina Gilbey and Susan Whitehead National Environment Protection Council Service Corporation Project Officers Secretariat Support
New Zealand Contributor
Tim Bennetts Ministry for the Environment Manager, Resource Management Act Policy and Functions Local Government Group
48 ATTACHMENT 3 – STAKEHOLDER REFERENCE GROUP MEMBERSHIP
Name Affiliation Representation
Municipal Association of Victoria Liz Johnstone Local Government Interests Senior Planning Advisor
Pacific Hydro Executive Manager Andrew Richards Wind Energy Industry Clean Energy Council Board Member
Acciona Energy Brett Thomas Wind Energy Industry Managing Director
Tim Le Roy Tarwin Valley Coastal Guardians Community Group (Randall Bell representing) Spokesperson
Yvonne Wenham Friends of Future Generations Spokesperson Community Group
Australian Council of National Trusts Colin Griffiths Professional Organisation Executive Officer
Planning Institute of Australia Di Jay Professional Organisation Chief Executive Officer
VIC Central Highlands Area Consultative Committee Inc David Clarke Farming Chair
National Trust of Australia (WA) Tom Perrigo Professional Organisation Chief Executive Officer
Damein Bell Indigenous Advisory Committee (IAC) Indigenous Interests
Birds Australia Chris Tzaros Birds of Australia Conservation Officer
49 ATTACHMENT 4 – RESPONSE TO COMMENTS FROM STAKEHOLDER REFERENCE GROUP
A range of concerns was raised individually by members of the Stakeholder Reference Group. Not all concerns were shared by all members of the Stakeholder Reference Group: however, the working group felt that such concerns should be noted and addressed. These concerns have been summarised below together with responses to said concerns.
Stakeholder Concern Response Community trust
There was a range of issues raised where the underlying Governments need to develop education and awareness campaigns to help theme seemed to be a lack of trust by the community of the inform communities about government policies in relation to increased wind industry and government renewable energy, the targets proposed and the likely development effects in rural communities. These materials need to be balanced and address both the benefits (CO2 reduction, dangers in a failure to act, etc) and dangers (development impacts, increased rural industrialisation, etc). These materials should address renewable energy in general and not just wind farms. State governments should also develop education and awareness campaigns that inform people of the different planning zones and allowable activities in each zone. This particularly applies to “tree changers” who may be entering rural communities with romantic expectations of the rural zone. The National Wind Farm Development Guidelines should provide clear direction on principles applicable to each area of wind farm development and back these with agreed methods for assessing each technical issue addressed in the Guidelines. This would provide transparency that is needed by communities and developers alike. An abridged version of the issues and principles could also be issued for public consumption. Community consultation will be addressed as a key issue in the National Wind Farm Development Guidelines. While there are elements of consultation in all technical areas and these should be addressed in the individual technical methodologies, there is also a need to ensure a centralised consultation process that promotes dialogue and not just issues management.
There was a perception that developers and their This situation also applies to other developments and may need to be opponents may make claims about a development (eg job addressed through the state planning process. creation, economic benefits, hazards) that are not rigorously evaluated by decision-makers. There is also no The payment of compensation and implementation of sanctions would set evaluation of such claims to ensure their validity and, a significant precedent for all developments. It is unclear what party where such claims are proven to be untrue, sanctions and would have to establish the burden of proof as to a false or genuine claim. compensation should be considered.
There is a concern that groups within the community may Effective and balanced education is the appropriate mechanism to deal disseminate misinformation about wind farms. with misinformation. Commonwealth and state governments have a role to play in this regard, and such measures have been identified in this report’s recommendations.
Permit conditions
It was noted that variations to permit conditions can be State governments should develop education and awareness campaigns sought by developers and that there is a perception that that inform people of the planning process and clearly identify the these may result in greater impacts but are not subject to conditions under which permit variations are granted. the planning process (including third-party rights of appeal).
The community cannot understand the differences in There will always be differences in permit conditions between permit conditions between developments, particularly developments in order to address site-specific conditions at each when the basis for them is not apparent. Standard development. However, the National Wind Farm Development conditions ought to be possible covering a range of matters Guidelines should consider whether, for specific issues, some degree of and issues. standardisation of permit conditions could be achieved. These conditions could be developed in a tiered approach to enable flexible implementation based on the risks present at specific sites. This would also assist in reducing discrepancies between state and Commonwealth permit conditions, which has been a concern for developers in the past.
50 Stakeholder Concern Response
Monitoring and performance data should be published The National Wind Farm Development Guidelines should consider publicly. mechanisms to provide information to the community about wind farm operations.
Cumulative impacts
The measurement of cumulative impacts needs to be The assessment of cumulative impacts, while referred to in planning policy considered as more wind farms are developed. and regulations, is not well defined. Further work is required to develop a methodology for the assessment of cumulative impacts. In the development of the National Wind Farm Development Guidelines, the Working Group should seek advice as to whether this is being addressed elsewhere in government or whether the Guidelines should seek to outline a methodology specifically for wind farms.
Birds
New remote monitoring techniques need to be deployed in While the general risk-tiered approach is of the Auswind bird standard is assessing the potential impacts to bird life. commendable, one of the criticisms is that it is too prescriptive. The National Wind Farm Development Guidelines should assess the Auswind bird standard to ensure it is flexible to new technologies that can provide improved data availability, particularly with respect to behavioural responses to wind farms.
There is a lack of basic information on migration patterns While perfect knowledge would be ideal, the cost of undertaking this of Australian and international migratory bird species. research (and the same for every plant and animal species that could be Research needs to be undertaken to fill this gap and impacted by any development) would be prohibitive. The approach taken compile the information into a national database. This in all jurisdictions is for the developer to undertake sufficient monitoring database can then be consulted by developers so that their before submitting their planning application in order for the effects of the developments can be situated away from areas of high development on migratory species to be properly identified. The primary migratory traffic. limitation in securing this information with regard to migratory bird species is the reliance on human observers for undertaking this work. The National Wind Farm Development Guidelines need to ensure that remote monitoring techniques can be readily incorporated into the Guidelines as they become available. Funding agencies and industry should be encouraged to make funds available for the development and commercialisation of new remote monitoring techniques and for research into bird migration and behavioural responses to infrastructure (including wind farms). The need for a national database to consolidate bird migratory and behavioural data should be investigated in developing the National Wind Farm Development Guidelines.
State wildlife managers should be funded by the energy State wildlife managers do not have the resources or the time to undertake industry and the Commonwealth Government to such monitoring activities. The approach taken in all jurisdictions is for the undertake monitoring of birds at existing and future wind developer to fund and undertake any monitoring required before, during farm sites. and after construction of any development. If the issue is the potential conflict of interest the developer has in funding such monitoring, this should be lessened by ensuring the National Wind Farm Development Guidelines have a transparent, risk-tiered methodology for undertaking such monitoring. This could also be enhanced by including a requirement for progressive independent review at key decision-making milestones within the methodology. This would have the advantages of removing the community perception of bias and providing early advice to the developer as to their progress in assessing impacts to birds.
Bats
The same concerns raised in relation to birds equally apply Refer to the responses provided to these concerns under the Birds category. to bat species, although the base information on bat species is poorer and our current ability to monitor such species is more limited.
Landscape assessment
A national landscape assessment should be undertaken to The cost of such an assessment would be prohibitive and would result in identify areas suitable and unsuitable for wind farm the assessment of many areas that are unsuited to development due to development. poor wind resource. The approach of developing renewable energy atlases and working with local government to undertake local landscape assessments, where there is a likelihood of development, should continue. Such assessments can then be integrated with local zoning schemes and
51 Stakeholder Concern Response planning overlays, using a combination of approaches as suggested throughout the report.
Photomontages should be a truthful representation of a Address landscape and visual assessment in the National Wind Farm potential development. Development Guidelines. This should include direction as to the appropriate representation of a view and the selection of viewpoints for representation.
Noise
A standardised procedure applicable across all As stated earlier in this report, the Working Group will seek clarification as jurisdictions is required for the assessment of noise from to when the new Australian Standard addressing noise from wind farms potential wind developments. will be released. Noise should be addressed as a key issue in the National Wind Farm Development Guidelines.
Background noise testing needs to be undertaken at all The draft Australian noise standard11 provides direction on the selection of potentially affected residences. ‘receivers’ for measurement of background noise levels.
Provision of wind speed data, direction and atmospheric This information is commercial in confidence to a developer and would not measurements should be compulsory for independent be publicly available. However, sufficient summary detail should be evaluation by affected residents. provided to enable independent review. This should be considered in the development of the National Wind Farm Development Guidelines.
A national ombudsman should be established for State agencies are already empowered to hear complaints regarding wind managing complaints, although these may not necessarily farm developments. be restricted to noise. State governments should develop education and awareness campaigns to inform communities of the complaints process and the agencies with responsibility for investigating complaints. Citizens already have access to the Ombudsman.
Assessment on the stability of the atmosphere at the site The draft Australian noise standard provides direction on undertaking should be compulsory. measurements that ensure that atmospheric stability is taken into account.
Definition of “special audible characteristics” should be The draft Australian noise standard provides clarification of “special clarified, and assessment made at all potential sites of the audible characteristics” and suggests a penalty be added to the predicted ability to adhere to a 5dB penalty. noise level. However, the setting of thresholds is the responsibility of State Governments.
Heritage
The assessment of heritage needs to address the full range Address heritage assessment in the National Wind Farm Development of heritage values — social, aesthetic, historic, scientific Guidelines. and spiritual. This, in turn, requires a consistent community and stakeholder consultative process. As noted above, a community consultation process that is coordinated across all technical areas should also be addressed in the National Wind Farm Development Guidelines.
Economics
The development of wind farms in rural areas will serve as The contribution of “tree changers” and absentee landlords in a disincentive to migration from urban to rural areas (“tree economically enhancing rural areas is open to question. Many changers”) and second home owners. Such capital-rich communities have reported that councils often have to divert funds from migrants are a potential source of capital into poorer rural other services into areas where such urban migrants have high areas. expectations. Such migrants also potentially have unrealistic expectations of rural life which can conflict not only with wind developments but also with other more traditional sources of rural income.
The economic benefit of wind farm developments to rural The National Wind Farm Development Guidelines should consider regions is negligible and often overstated in economic providing direction on how to undertake both economic and financial assessments. assessments of wind farms.
Wind energy facilities are inefficient and would not exist As noted above, governments need to develop education and awareness without subsidy. campaigns to help inform communities about their policies regarding increased renewable energy targets. These campaigns should also address the subsidy paid financially to renewable energy developers (financial
11 Draft Australian Standard 4959—200X Acoustics — Measurement, prediction and assessment of noise from wind turbine generators. Issued for public comment on 9 March 2007. 52 Stakeholder Concern Response subsidy) and to non-renewable energy developers (historic pollution of the “commons”).
Fire risk
Should a turbine catch fire, it is very difficult to fight a fire There have been very few documented turbine fires. However, this does in the nacelle and prevent sparks spreading from the not mean that fire safety should not be considered when developing and turbine. operating a wind farm. Developers should consult with the relevant fire authorities as part of the planning process. The Auswind Best Practice Guidelines also provide direction on developing site layouts to aid access for fire trucks. Fire risk should be addressed in the National Wind Farm Development Guidelines through consultation with local fire authorities.
Wind farms should be prohibited from being developed in The risk of fire from wind farms should be addressed on a case-by-case high fire risk areas. basis through existing local regulatory frameworks. Fire risk should be addressed in the National Wind Farm Development Guidelines through consultation with local fire authorities.
Hydrology
The comment was made that hydrological surveys are not Surface water hydrology is considered as part of the normal planning typically undertaken for wind farm approvals, with process, particularly with regard to potential erosion and water quality specific reference to groundwater. impacts on rivers and streams. The Auswind Best Practice Guidelines identify stormwater management as one of the key issues to be addressed in Environmental Management Plans.
Groundwater hydrology is generally not considered as part of the normal planning process for wind farms. This is due to turbines primarily being located on ridgelines where they are away from regional aquifers. Thus, potential groundwater effects are likely to be extremely localised. The effect then is to potentially exacerbate existing landslips. However, developers will normally avoid such areas due to engineering design considerations and risks without the need for specific attention within the planning process. This is addressed by developers as part of geotechnical studies undertaken during the preliminary and detailed engineering design stages.
Geology
The comment was made that geological surveys are not Geotechnical studies are undertaken for all wind farms to ensure typically undertaken for wind farm approvals, with the foundations are properly designed, avoid rocky areas (particularly specific concern being the potential for foundations to fractured rock) and do not result in landslip or subsidence. cause fault/ground movement and possible secondary groundwater impacts. However, potential regional effects (such as fault movement) are generally not considered as the turbine foundations do not significantly increase the mass at the site. This is because the foundations require the excavation and disposal of soil, and thus the weight of the foundations is roughly balanced by material removed from the site.
Grid connection
There was a perception that developers get paid for their This is incorrect. The two main revenue streams for a wind farm are energy “at the farm gate” and therefore do not care dependent on Marginal Loss Factors (at the transmission network level) whether the energy export from their site compromises the and avoided Transmission Use of Service payments (at the distribution efficiency and effectiveness of the local electricity network network level). Both these revenue streams are heavily dependent on and affects local users. efficient and effective network connections and balancing site selection with local/regional load growth. The developer also needs to ensure their development does not adversely affect the electricity network as, under the “deep” network market model, the developer is liable to pay for all electricity network costs associated with their development (including any regional network reinforcement and other works required to embed the new generation efficiently into the network). Without this, the development will not be allowed to connect to the distribution or transmission networks.
53 Stakeholder Concern Response
The comment was made that the current centralised It is outside the terms of the working group to address this concern; electricity grid is a disincentive for renewable energy however, the working group has noted this issue in the Executive development while the developer is expected to pay the Summary of this report. full costs of grid connection. This may prevent exploitation of good wind resources and drive However, resolution of this issue may not be as simple as providing development into populated areas with available grid funding for new infrastructure. It may be necessary to undertake a range connections. Funds should be provided from the of measures including, but not limited to, funding new transmission line Infrastructure Fund to upgrade and extend the existing infrastructure, adopting a ‘shallow’ rather than ‘deep’ network cost model, network to allow distributed energy to be connected into and rolling out of smart meters for demand control. the grid without significant financial impost on new developments.
Lease contracts
Standard lease contracts should be developed similar to The wind industry should be encouraged to develop standard lease those found with residential tenancy agreements, real contracts that are available to the public. Like tenancy agreements, these estate purchases, car hire and goods purchases. can be modified on a case-by-case basis, but their availability would allow lessors to be better informed when entering contracts. Conditions for decommissioning (including extension of the development life) could also be included in the standard lease contract.
Community wind farms
There is a view that timeframes for assessment of funding This is outside the scope of this report. applications for community wind farm projects are a disincentive to such projects.
Decommissioning of infrastructure
There is no requirement for the wind farm to be This situation applies to other developments and cannot be addressed decommissioned after its design life has been reached. without setting undesirable precedents. Decommissioning will be addressed in the National Wind Farm Development Guidelines.
It is not clear whether jurisdictions are required to Site rehabilitation will be addressed in the National Wind Farm rehabilitate land at the end of the wind farm’s life. Development Guidelines.
54