FULL LIST OF RECOMMENDATIONS—INTERIM AND FINAL REPORT
Recommendation 1: interim
1.5 The committee recommends
the Commonwealth Government create an Independent Expert Scientific
Committee on Industrial Sound responsible for providing research and advice
to the Minister for the Environment on the impact on human health of audible
noise (including low frequency) and infrasound from wind turbines. The IESC
should be established under the Renewable Energy (Electricity) Act 2000.
Recommendation 1: final
6.5
The committee recommends that an Independent Expert Scientific
Committee on Industrial Sound (IESC) be established by law, through
provisions similar to those which provide for the Independent Expert
Scientific Committee on Coal Seam Gas and Large Coal Mining Development.
6.6
The provisions establishing the IESC on Industrial Sound should state
that the Scientific Committee must conduct 'independent, multi-disciplinary
research into the adverse impacts and risks to individual and community health
and wellbeing associated with wind turbine projects and any other industrial
projects which emit sound and vibration energy'.
Recommendation 2: final
6.9
The committee recommends that the federal government assign the Independent
Expert Scientific Committee on Industrial Sound with the following
responsibilities:
-
develop and recommend to government a single national acoustic
standard on audible noise from wind turbines that is cognisant of the existing
standards, Australian conditions and the signature of new turbine technologies;
-
develop and recommend to government a national acoustic standard
on infrasound, low frequency sound and vibration from industrial projects;
-
respond to specific requests from State Environment Protection
Authorities for scientific and technical advice to assess whether a proposed or
existing wind farm project poses risks to individual and community health;
-
provide scientific and technical advice to the relevant State
Health, Environment and Planning Minister to assess whether a proposed or
existing wind farm or industrial project poses risks to individual and
community health;
-
provide advice to the Clean Energy Regulator on whether a
proposed or existing wind farm project poses health risks to nearby residents;
-
provide advice to the federal health minister on whether a
proposed or existing wind farm or industrial project poses health risks to
nearby residents;
-
publish information relating to the committee's research
findings; and
-
provide to the federal Minister for Health research priorities
and research projects to improve scientific understanding of the impacts of
wind turbines on the health and quality of life of affected individuals and
communities; and
-
provide guidance, advice and oversight for research projects
commissioned by agencies such as the National Health and Medical Research
Council and the Commonwealth Scientific and Industrial Research Organisation
relating to sound emissions from industrial projects.
Recommendation 2: interim
1.6 The committee recommends
that the National Environment Protection Council establish a National
Environment Protection (Wind Turbine Infrasound and Low Frequency Noise)
Measure (NEPM). This NEPM must be developed through the findings of the Independent
Expert Scientific Committee on Industrial Sound. The Commonwealth
Government should insist that the ongoing accreditation of wind turbine
facilities under the Renewable Energy (Electricity) Act 2000 in a State
or Territory is dependent on the NEPM becoming valid law in that State or
Territory.
Recommendation 3: final
6.12
The committee recommends that the following provision be inserted into a
new section 14 of the Renewable Energy (Electricity) Act 2000:
If the Regulator receives an application
from a wind power station that is properly made under section 13, the Regulator
must:
-
seek the advice of the Independent Expert Scientific Committee
on Industrial Sound whether the proposed project poses risks to individual
and community health over the lifetime of the project; and
-
confer with the federal Minister for Health and the Commonwealth
Chief Medical Officer to ascertain the level of risk that the proposed project
poses to individual and community health.
If the Independent Expert Scientific Committee on Industrial Sound
finds that the wind power station does pose risks to human health, the
Regulator must not accredit the power station until such time as the federal
Minister for Health is satisfied that these risks have been mitigated.
Recommendation 4: final
6.15 The
committee recommends that a provision be inserted into Renewable Energy
(Electricity) Act 2000 stipulating that wind energy generators operating in
states that do not require compliance with the National Environment Protection
(Wind Turbine Infrasound and Low Frequency Noise) Measure (NEPM) are ineligible
to receive Renewable Energy Certificates.
Recommendation 5: final
6.20
The committee recommends that the Independent Expert Scientific
Committee on Industrial Sound (IESC) establish a formal channel to
communicate its advice and research priorities and findings to the
Environmental Health Standing Committee (enHealth). The IESC should explain to
enHealth members on a regular basis and on request:
-
the national acoustic standards for audible noise and infrasound
and how these standards are set and enforced to monitor industrial projects;
-
the methodology of its research and findings relating to how
infrasound and vibration can impact on human sensory systems and health; and
-
research priorities and possible strands of research that the
National Health and Medical Research Council (a member of enHealth) could fund
and commission.
Recommendation 3: interim
1.7 The committee recommends
that the Commonwealth Government introduce National Wind Farm Guidelines
which each Australian State and Territory Government should reflect in their
relevant planning and environmental statutes. The committee proposes these
guidelines be finalized within 12 months and that the Commonwealth Government
periodically assess the Guidelines with a view to codifying at least some of
them.
Recommendation 6: final
6.25
The committee recommends that the proposed Independent Expert
Scientific Committee on Industrial Sound develop National Windfarm
Guidelines addressing the following matters:
-
a national acoustic standard on audible sound (see recommendation
2);
-
a national acoustic standard on infrasound, low frequency sound and
vibration (see recommendation 2);
-
a national standard on minimum buffer zones (see recommendation 6);
-
a template for State Environment Protection Agencies to adopt a
fee-for-service licencing system (see recommendation 9, below);
-
a Guidance Note proposing that State Environment Protection
Authorities be responsible for monitoring and compliance of wind turbines and
suggesting an appropriate process to conduct these tasks;
-
a Guidance Note on best practice community engagement and
stakeholder consultation with the granting and holding of a licence conditional
on meeting this best practice;
-
a Guidance Note that local councils should retain development
approval decision-making under the relevant state planning and development code
for local impact issues such as roads;
-
national standards for visual and landscape impacts;
-
aircraft safety and lighting;
-
indigenous heritage;
-
birds and bats;
-
shadow flicker;
-
electromagnetic interference and blade glint; and
-
the risk of fire.
6.26
As per recommendation 4 of the committee's interim report, eligibility
to receive Renewable Energy Certificates should be made subject to general
compliance with the National Wind Farm Guidelines and specific compliance to
the NEPM.
Recommendation 4: interim
1.8 The committee recommends
that eligibility to receive Renewable Energy Certificates should be made
subject to general compliance with the National Wind Farm Guidelines and
specific compliance with the NEPM. This should apply immediately to new
developments, while existing and approved wind farms should be given a period
of no more than five years in which to comply.
Recommendation 7: final
6.29
The committee recommends that the Australian Government amend the Renewable
Energy (Electricity) Act 2000 and the Renewable Energy (Electricity) Act
Regulations 2000 to enable partial suspension and point in time suspension
of renewable energy certificates for wind farm operators that are found to
have:
-
breached the conditions of their planning approval;
-
had their operating licence suspended or cancelled;
-
establish powers to be used when breaches of statutory
obligations occur that require energy generators to 'show cause' ; and
-
link the issuing of renewable energy certificates with certified
net greenhouse gas reduction in the electricity sector.
6.30
The committee recommends that the Clean Energy Regulator cannot accredit
a power station until it is wholly constructed, fully commissioned and all post
construction approval requirements have been met.
Recommendation 5: interim
1.9 The committee recommends
that the Commonwealth Government establish a National Wind Farm Ombudsman
to handle complaints from concerned community residents about the operations of
wind turbine facilities accredited to receive renewable energy certificates.
The Ombudsman will be a one-stop-shop to refer complaints to relevant state
authorities and help ensure that complaints are satisfactorily addressed.
Recommendation 6: interim
1.10 The committee recommends
that the Commonwealth Government impose a levy on wind turbine operators
accredited to receive renewable energy certificates to fund the costs of the Independent
Expert Scientific Committee on Industrial Sound—including the funding of
additional research—and the costs of a National Wind Farm Ombudsman.
Recommendation 7: interim
1.11 The committee recommends
that the data collected by wind turbine operators relating to wind speed, basic
operation statistics including operating hours and noise monitoring should be
made freely and publicly available on a regular basis. The proposed Independent
Expert Scientific Committee should consult with scientific researchers and
the wind industry to establish what data can be reasonably made freely and
publicly available from all wind turbine operations accredited to receive
renewable energy certificates.
Recommendation 8: final
6.37
The committee recommends that all State Governments consider shifting
responsibility for monitoring wind farms in their jurisdiction from local
councils to the State Environment Protection Authority.
Recommendation 9: final
6.46
The committee recommends that State Governments consider adopting a
fee-for-service licencing system payable by wind farm operators to State
Environment Protection Authorities, along the lines of the system currently in
place in New South Wales.
Recommendation 10: final
6.53
The committee recommends that the federal Department of the Environment
prepare a quarterly report collating the wind farm monitoring and compliance
activities of the State Environment Protection Authorities. The report should
be tabled in the federal Parliament by the Minister for the Environment. The
Independent Expert Scientific Committee on Industrial Sound should coordinate
the receipt of State data and prepare the quarterly report. The Department of
the Environment should provide appropriate secretarial assistance.
Recommendation 11: final
6.57
The committee recommends that the National Health and Medical Research
Council (NHMRC) continue to monitor and publicise Australian and international
research relating to wind farms and health. The NHMRC should fund and
commission primary research that the Independent Expert Scientific Committee on
Industrial Sound identifies as necessary.
Recommendation 12: final
6.61
The committee recommends that under circumstances where the regulatory
framework provided for pursuant to recommendations 8 and 9 cannot be enforced
due to a lack of cooperation by one or more states, a national regulatory body
be established under commonwealth legislation for the purpose of monitoring and
enforcing wind farm operations.
Recommendation 13: final
7.84
The committee recommends that the Australian National Audit Office
(ANAO) conduct a performance audit of the Clean Energy Regulator's (CER) compliance
with its role under the legislation. In particular, the committee recommends
that the CER examine:
-
the information held by the CER on wind effectiveness in
offsetting carbon dioxide emissions at both 30 June 2014 (end of financial
year) and 3 May 2015;
-
the risk management and fraud mitigation practices and processes that
are in place and whether they have been appropriate;
-
whether all public monies collected in respect of the Renewable
Energy (Electricity) Act 2000 are appropriate;
-
whether there are financial or other incentives, including but
not limited to, the collection of public monies under the Renewable Energy (Electricity)
Act 2000 that are distorting the CER's role in achieving the objectives of
the Act; and
-
whether the expenditure of public monies by the CER has been
appropriately focused on achieving the Renewable Energy (Electricity) Act
2000 objectives.
Recommendation 14: final
7.88
The committee recommends that the Australian Government direct the
Productivity Commission to conduct research into the impact of wind power electricity
generation on retail electricity prices.
Recommendation 15: final
7.105 The Renewable Energy Target should be amended so
that all new investments in renewable energy between 2015 and 2020 will be
eligible to create renewable energy certificates for a period of no more than
five years. Existing investments in renewable energy should be grandfathered so
that they continue to receive renewable energy certificates under the Act
subject to annual audits of compliance.
7.106 The Government should develop a methodology for
renewable energy projects so that they can qualify for Australian Carbon Credit
Units. The Government should develop this methodology over a five year period
in consultation with the renewable energy industry and the methodology should
consider the net, lifecycle carbon emission impacts of renewable energy.
7.107 If the Government does not adopt the above
changes, the Government should instead limit eligibility for receipt of
Renewable Energy Certificates to five years after the commissioning of
turbines.
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