Senate Economics Legislation Committee

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:

 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:

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:

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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