Coastal network’s Robbins Island wind farm appeal dismissed in Supreme Court

A legal appeal against the approval of a $1.6 billion, 100-turbine wind farm proposed for the state’s remote North-West Coast has been dismissed in the Supreme Court of Tasmania.

Robbins Island, far northwest Tasmania, where there are plans for a 100-turbine wind farm. Credit: Bob Brown Foundation.

An environmental group’s legal bid to stop the construction of a $1.6 billion, 100-turbine wind farm proposed for the state’s remote North-West Coast has been knocked back in the Supreme Court of Tasmania.

And in an indication the renewable energy project could become a hot-button issue during the upcoming national election campaign, the Tasmanian government responded to the court’s decision by calling on federal Environment Minister Tanya Plibersek to “green light” the wind farm as soon as possible.

The Circular Head Coastal Awareness Network launched action after the Tasmanian Civil and Administrative Tribunal (TASCAT) rejected the Network’s appeal against the original approval of Philippines-based developer ACEN’s Robbins Island electricity project.

During a hearing earlier this month, lawyers representing the Network challenged TASCAT’s decision on grounds including that the tribunal had failed to explore alternatives to a proposal by ACEN to build new wharf infrastructure on the privately owned island to facilitate the transport of giant turbine blades.

The court heard that a development application for the wind farm was submitted to Circular Head Council by ACEN in March 2020, and approved subject to certain conditions.

The most contentious condition – an Environmental Protection Authority stipulation that the wind farm shut down for five months each year to protect migrating orange-bellied parrots – triggered an appeal from ACEN to TASCAT.

Robbins Island, in Tasmania's far northwest, is a haven for thousands of migratory and resident bird species, but also the proposed site for a 100-turbine wind farm. Picture: Bob Brown Foundation

In late 2023, TASCAT overturned the requirement for the wind farm to pause electricity production during set times of the year, and rejected the appeals of the environmental groups, including Birdlife Tasmania and the Bob Brown Foundation.

In its appeal to the Supreme Court, the Network’s lawyers also claimed TASCAT had instigated “a plain-vanilla denial of natural justice” when it refused a request from the group to reopen its case during the hearing to allow it to rebut a last-minute submission from the developer.

On Thursday in Hobart, Acting Justice Shane Marshall dismissed the Network’s appeal, ruling that no denial of procedural fairness had occurred during the TASCAT hearing, and inviting parties to submit applications for a determination on costs.

While Circular Head Coastal Awareness Network chair Steve Pilkington chair Steve Pilkington said the group was “bitterly disappointed” by the court’s decision, the outcome was welcomed by ACEN and both major Tasmanian parties, with Minister for Energy and Renewables, Nick Duigan, praising the “common sense” decision.

Mr Duigan said it was now over to the Albanese government to tick of the wind farm under the Environment Protection and Biodiversity Conservation Act

“The project has undergone among the most rigorous approvals processes in the world,” the minister said.

“This project has been sitting on Tanya Plibersek’s desk for so long now that I can only assume it’s buried by dust.”

A spokesperson for Minister Plibersek said since coming to office, the federal government had approved more than 12 projects in Tasmania under national environment law, including an aquaculture trial off Burnie and the northern midlands solar farm.

“100 per cent of these decisions were made within statutory time frames,” the spokesperson said.

“Nationally, the government has approved 74 renewable energy projects – enough energy to power more than 8 million homes.

“The Minister has approved multiple renewables projects in just 20 business days from receiving the application.”

Originally published as Coastal network’s Robbins Island wind farm appeal dismissed in Supreme Court