Tribunal says no to reopening controversial Robbins Island marathon wind farm fight

Opponents to the controversial proposed Robbins Island wind farm have faced a setback as they await the outcome to a marathon appeal.

A render of the proposed Robbins Island Renewable Energy Park, seen from Montagu, across Robbins Passage.

Opponents to the controversial proposed Robbins Island wind farm have faced a setback as they await the outcome to a marathon Tasmanian Civil and Administrative Tribunal appeal.

A three-week appeal hearing was held last month, with opponents Malcolm Ryan, Paul Smith, Birdlife Tasmania, Bob Brown Foundation and the Circular Head Coastal Awareness Network all voicing their concerns against renewable energy company ACEN Australia’s plans for a 122-turbine wind farm.

A decision arising out of the lengthy stoush – which largely focused on impacts on the critically endangered orange-bellied parrot and the island’s Tasmanian devil population – is not expected until at least November.

But last week, two of the opponents – Mr Ryan and the Circular Head Coastal Awareness Network – lost their bids to reopen their challenges and adduce further evidence.

The tribunal said after the appeal hearing concluded and in response to ACEN’s closing address, on October 2, Mr Ryan asked if he could reopen his case and submit a letter from the Circular Head Aboriginal Corporation.

His case focused on matters on Indigenous culture and history at Robbins Island.

ACEN’s closing submissions mentioned the company had engaged with Aboriginal groups, including the Circular Head Aboriginal Corporation, before coming up with an appropriate development plan.

In contrast, Mr Ryan’s letter from the corporation “manifests unambiguous opposition to the proposed wind farm”.

However, the tribunal found the letter had apparently been prepared two months before the appeal hearing began, and that Mr Ryan had not produced it at the time, “in the context of what appears to be a somewhat opaque reference to politics within the Aboriginal community”.

The tribunal said if the letter was included now, then ACEN would need to be given the chance to cross-examine its author, which would delay the appeal outcome.

The tribunal also found the letter would not materially add to the evidence before it.

Another application, by the Circular Head Coastal Awareness Network to reopen its case, was also refused.

The network, with support from the Bob Brown Foundation, argued it should be able to respond to late evidence from ACEN, which said it needed a wharf to transport its blades by sea.

But the tribunal said evidence the network wished to introduce was at a “very high level” and did not address the proposal or the issue of transporting the blades.

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Originally published as Tribunal says no to reopening controversial Robbins Island marathon wind farm fight