SENATE SELECT INQUIRY INTO WIND TURBINES

COMPLIANCE ISSUE - WINDY HILL ,

Thank you very much for the opportunity to make submissions to the Inquiry and particular thanks for taking the time to come north to hear from residents.

Windy Hill Wind Farm was approved by the former Herberton Shire Council in 1999. It is Queensland’s ONLY mainland grid-connected wind farm, with 20 x 600kW turbines, a 12 megawatt development. Since commencement, it has had three owners/operators: , Transfield Services and Ratch Australia Corporation Ltd. Herberton Shire Council amalgamated with Tablelands Regional Council in 2008 and took over responsibility for compliance issues. This turbine development has caused noise problems since shortly after commencing operation.

Colin Walkden reported problems with the turbine noise almost from the date of commissioning and the timeline below relates to his circumstances. See Attachment 24 for a list of attachments, some of which are marked “confidential”.

The Newman family, which also experienced noise problems, finally sold their dairy farm at Windy Hill in 2004, and purchased a Rangeview property for their retirement. Recently they discovered it will be approximately 4km from the project on the Atherton Tablelands. Responding to the Mount Emerald community survey in 2014, these unsolicited comments were added to the survey form: Strongly opposed, because we had to sell our family dairy farm at Ravenshoe (12 years) as the noise from the windmills was debilitating

The first two attachments, Attachment 0 and 0a, are newspaper articles which further describe the circumstances which led up to them deciding to sell and move away.

The timeline below and the attachments, document the history of complaints and how a non- compliant wind farm was declared compliant.

03/05/2015

TIMELINE

DATE EVENT

1999, Stanwell Corporation’s development was approved with reference to the New Zealand Sept 20 Standard NZS6808:1998 Acoustics – the Assessment and Measurement of Sound from Wind Turbine Generators

2000, Approximate commencement of operation August

2000, Solicitor’s formal letter re noise complaint and possible improper location of turbines sent October to council – response received included decision notice, but no suggestion about noise monitoring.

2004 Newman family, suffering from noise/health problems as reported in The Courier Mail, finally sold their property and moved away from the area.

?? Complained to Stanwell about the noise – they said they would look into it

2007 Stanwell conducted noise monitoring but would not supply the results Orally admitted to a noise problem, but would not put it in writing Insulated the roof of the complainant’s dwelling (at a cost of $4000). If not successful Stanwell said they would look at other mitigation measures including waterfalls, stereo system, airconditioning and double glazing.

2007, Stanwell’s Windy Hill Wind Farm sold to Transfield Services Dec

2008, Herberton Shire Council amalgamates with 3 other local councils to become Tablelands March Regional Council

2010, Resident advised Terry Johannesen, Transfield Services of the noise problem (at Feb community consultation for High Road Wind Farm) – did not respond

2010 Resident put house on the market

2011, Resident again advised Terry Johannesen, Transfield Services of the noise problem (at Feb 2nd community consultation for High Road Wind Farm) – he advised all records had been lost in the Brisbane floods. No further response.

2011 Transfield Services sold most of its share in Windy Hill Wind Farm to Ratch Australia Corporation Limited (Transfield remains 20% shareholder)

2011, Complaint to Tablelands Regional Council Sept

2011, Six hours of preliminary noise monitoring by NMA (for Ratch) Oct 10- 11

2011, Preliminary report by NMA (not available) acknowledges presence of Amplitude Nov 11 Modulation and states:

2011, Further report by NMA (for Ratch) – no mention of Amplitude Modulation Dec 14

2012, Review of NMA report by NMS (for Council) also acknowledges presence of Amplitude Mar 3 Modulation:

Characterising the nature of the sound is necessary as NZS6808 requires assessment of ‘special audible characteristics’. These are stated as being ‘clearly audible tones, impulses or modulation of sound levels’. The following figures are presented as examples to show that sound varies, and varies quite quickly and it happens all the time. This is the nature of the rumble-thump/whuump/whirr/other sounds that can be heard and described at the dwelling... Peaks and troughs at a particular frequency band (100Hz-200Hz for example) illustrates a modulating response in both frequency and amplitude...

The influence of the turbines can be seen in the regular pulsing in Figure 6. The variations are approximately 2 per second with a depth of approximately 3dB; that is, clearly audible.

Broadly permit conditions are as follows:

NMS considered that “... any relevant State or Territory legislation” mentioned in the permit included the current Environmental Protection (Noise) Policy 2008 (requiring a maximum of 30dBA indoors at night).

NMS advised the turbine noise did not meet either the NZ standard or the 2008 Noise Policy and recommended as an interim measure that 3 turbines be turned off at night.

NMS noted that Mr Simpson (NMA) “advises that he has not read the NZ Standard and its application of special audible characteristics”.

2012, NMA (Ratch) noise monitoring Dec 21 to Apr 30

2012, TRC issues Show Cause Notice to Ratch and the landowners, extract below: Apr 17

2012, NMA (Ratch) presents its Final Report May 30

2012, Jul MWA (2nd consultant for TRC) reviews NMA (Ratch) report and is unable to determine 24 compliance due to inappropriate monitoring location and questions about determination of special audible characteristics.

1. If it is determined that the wind farm noise exhibits ‘special audible characteristics’ ... the application of a +5dB adjustment to the otherwise assessed wind turbine noise levels would result in non-compliance with the Conditions of Approval...

2. If it is adequately demonstrated by the operator that the wind farm noise does not exhibit ‘special audible characteristics’... it will be necessary for the operator to undertake further noise monitoring...

MWA further states:

The conclusion of the NMS Preliminary Report that the wind turbine noise exhibits ‘special audible characteristics’ is consistent with the findings of the NMA Interim Report.

Concerns are therefore raised by MWA Environmental in relation to how the NMA Final Report could conclude that no ‘special audible characteristics’ were present in conflict to their Interim Report and the independent assessment of NMS. In the opinion of MWA Environmental the analyses of the amplitude modulation characteristics presented in the NMA Interim Report and the NMS Preliminary Report are superior to that presented in the NMA Final Report.

Although not able to be verified by MWA Environmental within the scope of our commissioning, the balance of information presented by NMA and NMS indicates it is likely that noise from the nearest wind turbines does exhibit such a ‘special audible characteristic’...

MWA also reviewed the NMS report and did not consider that Queensland’s current Noise Policy should apply, stating that:

any enforcement of noise performance standards outside the scope of NZS6808:1998 has the potential to impose an unreasonable constraint upon the activity

It is not clear whether TRC received legal advice on this point. The Noise Policy states the environmental values to be protected and enhanced (sleep, study, relax, learn, etc)

2012, On the basis of MWA’s review that the NMA Final Report did not represent an appropriate Aug 24 compliance assessment, TRC commenced Land & Environment Court action.

2012, Order made by court (not available) Sep 18

2012, Statement of Noise Experts – an agreement between NMA and MWA on the process for Nov 16 determining special audible characteristics. This process was informed by the draft NSW wind farm guidelines (Jeff Parnell) and the 2010 New Zealand standard (the assessment of SAC’s is different from that of the applicable 1998 New Zealand standard).

2012, TRC discontinues court proceedings. Dec 7

2013, NMA conducts further noise monitoring. Feb 13 to May 15

2013, TRC report to Council presented MWA’s final report which stated that the Windy Hill Wind July 18 Farm was compliant by 0.6dBA. A tonality penalty was applied to approximately 200 data points, but it was determined there was no amplitude modulation.

Despite NMA and NMS both identifying amplitude modulation, in the final analysis, based on the methodology in the Statement of Experts, it was determined there was no amplitude modulation (AM), therefore no penalty was applied and the experts considered the Windy Hill Wind Farm was compliant.

2013, Alpha Acoustics undertakes noise testing at Colin Walkden’s property. The preliminary July 19 report is Attachment 22 and shows the amplitude modulation present. Attachment 23 is a statement of a witness who attended at Colin’s property during the noise testing.

2013, Letter TRC to Colin Walkden advising that “At council’s meeting on 1 August 2013 Council Aug 8 resolved to advise you as follows:

(a) Compliance monitoring for the period 13 February 2013 to 15 May 2013 carried out by a noise expert engaged by the operator of Windy Hill Wind Farm has been reviewed by an independent external noise expert for Council and those outcomes have also been reviewed by council;

(b) The noise expert engaged by the operator of Windy Hill Wind Farm concludes that noise emissions during this period from the Wind Farm at his dwelling comply with the Conditions of Approval dated 20 September 1999;

(c) An independent external noise expert for Council advises the 13 February 2013 to 15 May 2013 monitoring data recorded at your dwelling provided by the wind farm operator demonstrates compliance with the noise limits stipulated in Condition 36 of the Final Negotiated Decision Notice and that the method of obtaining and assessing the operational noise data is technically correct;

(d) in the current circumstances there is no evidence on which council can base enforcement proceedings.”

2014, Letter TRC to Colin Walkden advised no further action would be taken, as follows: Mar 5 I advise that at its meeting held on 6 February 2014 council resolved that no further action be taken with respect to noise monitoring of the Windy Hill Wind Farm. In passing the resolution the Mayor used her casting vote to break a deadlock in order to achieve an outcome on the matter. The Local Government Act allows the Mayor to use a casting vote to break a deadlock when presiding over a council meeting. This resolution now stands alone as a formal instruction of Council. The only way it can be amended is for it to be rescinded in accordance with the requirements of the Local Government Act and Council’s Standing Orders.

2015, To date no further periodic monitoring of noise has been conducted by Ratch. It is May unclear when further period monitoring should take place, as required of the permit.