Robbins Island wind farm opponent ‘denied natural justice’ in appeal, Supreme Court hears
A key opponent of a 100-turbine wind farm proposed for Robbins Island says it was denied natural justice during a failed 2023 legal appeal against the $1.6 billion development’s approval.
Tasmania
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Opponents of a controversial, 100-turbine wind farm proposed for Robbins Island off Tasmania’s far north-west coast have told the Supreme Court in Hobart they were denied natural justice during a failed 2023 legal appeal against the $1.6 billion development’s approval.
On Tuesday, lawyers for the Circular Head Coastal Awareness Network argued that a decision by the Tasmanian Civil and Administrative Tribunal (TASCAT) not to allow the Network to reopen its case – in order to rebut late evidence submitted by wind farm proponent ACEN Robbins Island Pty Ltd – had breached its right to a fair hearing.
Jason Pizer SC, representing the Network, told the court that an original development application for the wind farm was submitted to Circular Head Council by ACEN in March 2020, and approved subject to conditions prescribed by the Tasmania’s Environment Protection Authority.
The most contentious EPA restriction – that the wind farm shut down for five months each year to protect migrating orange-bellied parrots – triggered an appeal from ACEN to TASCAT.
During a marathon hearing held across several days in September 2023, the tribunal also heard appeals against the wind farm’s approval from multiple parties, including the Network, Birdlife Tasmania, and the Bob Brown Foundation.
In a decision released in November 2023, and welcomed at the time by Tasmanian Premier Jeremy Rockliff, 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.
On Tuesday, Mr Pizer told Acting Justice Shane Marshall the Network was challenging TASCAT’s decision to deny its appeal on a number of grounds, including that the tribunal had misconstrued the law by failing to explore and eliminate alternatives to ACEN’s proposal to construct a bridge and wharf on Robbins Island.
Mr Pizer also claimed TASCAT had instigated “a plain-vanilla denial of natural justice” when it refused a request by the Network to reopen its case during the hearing to allow it to rebut a last-minute submission from the proponent.
Michael O’Farrell SC, is expected to begin presenting ACEN’s case on Wednesday morning.
The case was adjourned.
Last December, the federal Department of Climate Change, Energy, the Environment and Water extended the time in which Environment Minister Tanya Plibersek must make a decision on whether or not to approve the wind farm on the privately owned island.
The department extended the time for the minister to make a decision to March 7 this year.
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Originally published as Robbins Island wind farm opponent ‘denied natural justice’ in appeal, Supreme Court hears
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