Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd
COURT OR TRIBUNAL
New South Wales Land and Environment Court
DATE FILED (OR FIRST HEARING DATE)
04/09/2006
LITIGATION TYPE
Project Approval - Mitigation
SUBJECT MATTER
Wind farm
REVIEW TYPE
Merits review
SUMMARY
The Land and Environment Court of New South Wales upheld the approval for the building of a 62 turbine wind farm in Taralga, New South Wales. Chief Justice Preston identified the heart of the dispute as a conflict between the geographically narrower concerns of the Applicants and the broader public good of increasing the supply of renewable energy. Ultimately, Chief Justice Preston held that the broader public benefits of the wind farm: addressing climate change, particularly through the creation and use of renewable energy, promoting environmentally sustainable development, and attaining intergenerational equity, outweighed the narrower, though certainly valid, local concerns, such as visual and noise impact on Taralga residents, and potential impacts on local flora and fauna. Despite finding in favour of the granting of the approval, Chief Justice Preston noted that by bringing a claim before the Court, the Applicants had significantly increased the level of environmental responsibility undertaken in constructing the turbines, and in relation to the project as a whole.
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