Senate Economics Legislation Committee
Renewable Energy (Electricity) Amendment (Excessive Noise from Wind Farms)
Bill 2012
1.1
The Renewable Energy (Electricity) Amendment (Excessive Noise from Wind
Farms) Bill 2012 was introduced into the Senate on 28 June 2012.[1]
On 16 August 2012 the Senate referred the bill to the committee for
inquiry and report by 31 October 2012 via the adoption of a Senate Selection of
Bills Standing Committee report.[2]
Overview of the bill
1.2
The bill is a Private Senators Bill, introduced by Senators Madigan and
Xenophon. It proposes to amend the Renewable Energy (Electricity) Act 2000
to give powers to the Clean Energy Regulator (the Regulator) to ensure that
wind farms do not create excessive noise.[3]
1.3
The bill proposes a definition of where a wind farm 'creates excessive
noise' and proposes that:
-
a wind farm be prevented from receiving accreditation if it
'creates excessive noise';
- wind farms be required to publish on the internet information
about noise, wind speed and direction, weather conditions and power output; and
- the discretion of the Regulator to suspend accreditation of a
power station is removed and replaced with a mandatory requirement for the
Regulator to act when a power station contravenes the law (including where a
wind farm 'creates excessive noise' or does not publish the required
information proposed by the bill).
Background to the bill
1.4
The bill was introduced in response to evidence gathered by the Senate
Community Affairs References Committee as part of its inquiry and report on The
social and economic impact of rural wind farms (the report) which was
tabled in June 2011. In his Second Reading Speech for the bill, Senator
Madigan commented:
Everyone in this place is fully aware that on 23 June 2011,
just over 12 months ago, the Senate Community Affairs References Committee
tabled its report into the social and economic effects of rural wind farms. In
its report, the Committee made 7 recommendations... To date nothing has been
done. If it had been done, this legislation may not have been necessary.[4]
1.5
Senator Madigan highlighted the concerns of individuals impacted by the
development of wind farms and noted the call in the report for 'further
independent health studies incorporating experts from all related fields' on
the matter and stated:
This Bill will hopefully go some of the way to alleviating
the sufferings of some of these people and allow some to return to their homes.
It may not solve all the issues but it is a start and should be put in place as
soon as possible...
Neither I nor Senator Xenophon can bring about these studies;
that is up to the Government. But what we can do is to have legislation put in
place to ensure that power stations deriving some or all of their power from
wind must comply with acceptable standards and must openly disclose the data
that is necessary to ensure these health issues do not occur.[5]
Senate Community Affairs Committee
inquiry into rural wind farms
1.6
The inquiry attracted considerable public interest, and received over
1000 submissions, 535 in support of wind farms and 468 that highlighted various
detrimental effects of the wind farm industry. The final report addressed the
key themes of the inquiry as outlined in the terms of reference:
a) Any
adverse health effects for people living in close proximity to wind farms;
b) Concerns
over the excessive noise and vibrations emitted by wind farms, which are in
close proximity to people's homes;
c) The
impact of rural wind farms on property values, employment opportunities and
farm income;
d) The
interface between Commonwealth, state and local planning laws as they pertain to
wind farms; and
e) Any
other relevant matters.
1.7
The report examined at length concerns raised by submitters in relation
to the impact of wind farm noise on the health and quality of life for
residents located near a wind farm, including the impact on property values.[6]
1.8
The report also provided a thorough examination of wind farm noise in
relation to:
- different state and local government noise standards used in the
development and planning processes for wind farms;[7]
-
different forms of noise measurement adopted by states and
territories;[8]
- different noise standard compliance measures across jurisdictions
including the adequacy of local government resources to enforce compliance with
development approvals.[9]
1.9
The report made seven recommendations, the two most relevant to the bill
are recommendations one and six which stated:
1. The Committee considers that the noise standards adopted
by the states and territories for the planning and operation of rural wind
farms should include appropriate measures to calculate the impact of low
frequency noise and vibrations indoors at impacted dwellings.
7. The Committee recommends that the National Acoustics Laboratories
conduct a study and assessment of noise impacts of wind farms, including the
impacts of infrasound.[10]
The interface between Commonwealth,
state and local planning laws
1.10
In response to concerns raised by submitters, the report considered in
detail local government planning laws as they pertain to wind farms, and noted
the limited role that the Commonwealth has in these matters:[11]
Although the wind energy industry depends on emissions
reduction laws enacted by the Commonwealth and state parliaments, the planning
of wind energy facilities is a matter principally for the states and local governments...
Each state and territory is constitutionally responsible for
energy matters within its own jurisdiction. Consequently, the national energy
policy is mainly implemented at the state and territory level using existing
planning systems.[12]
1.11
The report highlighted evidence from some submitters that the
multiplicity of planning systems 'can cause confusion and uncertainty' and that
'the interface between planning systems [is] not necessarily transparent or
well understood'.[13]
One submitter, however, did speak out in opposition to 'special purpose
Commonwealth legislation' for wind energy and argued that it 'would be
unprecedented for the Commonwealth to step in and apply regulatory requirements
to one particular energy industry to the exclusion of all others'.[14]
The report, however, concluded that there is a greater need for 'certainty,
consistency and transparency in Australia's wind farm planning processes'.[15]
1.12
Currently at a national level, planning for wind farms is provided only
in draft guidelines and these are not accepted by all jurisdictions and wind
farm operators.[16]
The report canvassed some submitters' criticisms of the noise assessment
provisions in the draft guidelines:
Origin Energy Limited referred to a report which it had
commissioned into the effect of the Draft Guidelines' proposed noise
requirement. The technical consultancy, Sonus, reported that the guideline,
which includes a 5 dB penalty for 'unpredictable audible characteristics',
could require the removal of two–thirds of proposed turbines from a typical
project. Origin Energy Limited submitted that that this would create an unviable
situation for any new wind farm project and suggested that the 'noise section'
be rewritten prior to any further consideration of its adoption by the states.[17]
The bill's proposed definition of 'creates excessive noise'
1.13
As mentioned, the bill proposes to introduce a definition of 'creates
excessive noise' to insert into Commonwealth law through the Renewable
Energy (Electricity) Act 2000. The proposed definition states:
For the purposes of this Act, a wind farm creates
excessive noise if the level of noise that is attributable to the wind
farm exceeds background noise by 10 dB(A) or more when measured within 22 metres
of any premises:
(a) that is used for residential
purposes; or
(b) that is a person's primary
place of work; or
(c) where persons habitually
congregate.
Committee comment
1.14
The committee notes that this bill seeks to provide some certainty and
consistency on wind farm noise standards at a national level by amendment to a
Commonwealth Act.
Social and health impacts —
scientific analysis required
1.15
The committee notes the extensive evidence that was collected, and
thoroughly examined, by the Senate Community Affairs References Committee on
the impact of rural wind farms (the report). The report highlighted that the
predominant issues surrounding wind farm noise pertain to the health and
quality of life of residents living near wind farms. The committee commends
this thorough examination of these issues to those seeking further information
on public debate on this matter.
1.16
The committee recognises that appropriate noise standards for wind farms
is not a foregone conclusion, and is a matter for serious consideration. A
determination in noise standards poses impacts for residents located near wind
farms, as well as practicalities for wind farm operators themselves. This bill
goes to the heart of this debate and requires empirical scientific data to
reach a formal conclusion — a matter well outside the scope of this committee.
1.17
These are complex issues that require adequate consideration in a more
suitable forum. The committee highlights for example, recommendation six of the
report 'that the National Acoustics Laboratories conduct a study and assessment
of noise impacts of wind farms, including the impacts of infrasound'.[18]
The committee considers that further in depth research, by the appropriate
body, is required in order to properly examine the merits of this bill.
Practical considerations of the
Regulator and interaction with local government laws
1.18
Additionally, this bill seeks to amend the Renewable Energy
(Electricity) Act 2000, responsibility for which lies with the
Department of Climate Change and Energy Efficiency. That Act and the following
areas of the bill in need of examination are all outside this committee's
portfolio responsibilities:
- the practical operation of the bill;
- its interaction with state and local government laws;
- and its impact on the Regulator.
Concluding remarks and future
debate
1.19
The committee notes that the opportunity remains for the bill to be
referred to another committee, should the sponsors so wish, during the second
reading stage of the bill.
1.20
The committee also takes the opportunity to acknowledge the considerable
work undertaken by Senator Madigan on this issue and his desire for prompt
action on the matter.[19]
The committee notes the Senator's comments in his Second Reading Speech
regarding the pending government response to the wind farms report and its
recommendations.
1.21
The committee highlights that the government is considering the report and
the important issues that it raised. The committee reiterates the need for
adequate consideration of these issues and notes that the government response
to the complex issue of noise created by wind farms is still in development.
Senator Mark Bishop
Chair
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