RES Southern Cross v Minister for Planning and Taralga Landscape Guardians Inc

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

07/08/2008

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Merits review

SUMMARY

RES Southern Cross (the applicant) sought to modify elements of a proposed wind farm, namely to increase their height, incorporate aviation safety lighting, and remove one of the turbines. The Minister’s original consent to the construction and operation of the wind farm had been upheld by Preston CJ in 2006. The modification application was opposed by an association of local residents and also by individuals on a number of grounds, including increased visual impact, additional noise, risks to public safety and additional impacts on flora and fauna. The Court adopted Preston CJ’s finding that the risks of climate change meant increasing the supply of renewable energy (such as wind energy) in Australia was in the public interest. The Court also noted that the Intergovernmental Panel on Climate Change had published reports reinforcing the paramountcy of the public interest for decision-makers when exercising discretion concerning greenhouse gas friendly projects. The Court made orders approving the modification application.

CASE DOCUMENTS

RES Southern Cross v Minister for Planning and Taralga Landscape Guardians Inc [2008] NSWLEC 1333