Wind farm noise may be a nuisance – but compliance remains a critical issue

The Victorian Supreme Court has found that intermittent noise from Bald Hills Wind Farm at night was a nuisance, and awarded damages, aggravated damages in light of the past management of the complaints, and an injunction (stayed for 3 months) to prevent further noise nuisance. The case is significant in confirming that intermittent noise may be a nuisance even if compliant with the regulatory regime, although the specific permit conditions for Bald Hills and different regulations that now apply to wind farms in Victoria mean that this decision cannot be directly translated to other circumstances. Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145 (25 March 2022) Read more

Winds of change: an update on Australia’s offshore wind industry

Australia has made significant strides in its offshore wind industry in recent weeks, with the regulatory regime expected to commence on 2 June 2022. Victoria has announced Australia’s first offshore wind energy targets, and the Commonwealth Government released the exposure draft of the Offshore Electricity Infrastructure Regulations 2022 for public comment. These are important steps in the development of Australia’s offshore wind regulatory framework. Read more

Environmental Offsets Metric – quantifying offsets

DWER recently published the WA Environmental Offsets Calculator and associated guidelines (Environment Offsets Metric: Quantifying Environmental Offsets in Western Australia), creating WA’s new environmental offsets metric. We provide an overview of the key points to note about the offsets metric. Read more

Wind farm assets held to be chattels, not fixtures

In a recent test case involving Ararat Wind Farm, the Supreme Court of Victoria held that above-ground wind farm assets were chattels and therefore excluded from the capital improved value of leviable land for the Victorian Fire Services Levy. Read more