Supreme Court finds Queensland’s new solar laws “invalid”

The Palaszczuk Government’s controversial new solar regulation has been found invalid by the Supreme Court, in a huge win for the renewables industry. But an appeal to the ruling has just been lodged.

THE Palaszczuk Government will appeal a judgement against its controversial new solar regulation after it was found invalid by the Supreme Court.

The regulation, which allowed only licensed electricians to mount, locate, fix or remove solar panels on farms larger than 100kW, came into effect on May 13.

However Justice Thomas Bradley on Wednesday afternoon ruled that Section 73A was invalid, declaring it to be beyond the regulation-making powers of Queensland’s Electrical Safety Act.

It comes after Maryborough Solar Pty Ltd challenged the regulation less than two weeks ago, following concerns its budget for its Brigalow Solar Farm in Queensland would blow out by more than $2.6 million.

Lane Crockett, one of Maryborough’s directors said the decision would help Queensland keep growing a safe, clean and vibrant renewables industry.

“Queensland is a key part of the picture for moving Australia to a clean energy system, so we’re looking forward to getting on with safe, efficient construction at the Brigalow Solar Farm, and helping the state meet its renewable energy targets,” he said.

Industrial Relations Minister Grace Grace told The Courier-Mail tonightthatthe regulations had been developed following advice from Crown law and drafted by the Office of Queensland Parliamentary Counsel.

“We will examine the Judgement and will determine a way forward,” she said.

The Clean Energy Council’s energy generation director Anna Freeman described the ruling as a “victory for common sense.”

“The industry is obviously disappointed that this issue came down to a court challenge,” she said.

“Mounting and fixing unconnected solar panels to a rail is mechanical work — not electrical work — and we are very pleased the Supreme Court of Queensland has ruled in the industry’s favour.”

Ms Grace today announced also apply for a stay on the decision pending the outcome of the appeal.

“My department and their legal advisors have reviewed the written judgement overnight and advised me that there are solid grounds for appealing the decision,” Ms Grace said.

Ms Grace said the appeal would be based on legal technicalities, not with the safety argument.

“We introduced these regulations following advice from an expert panel, including the Electrical Safety Commissioner, to ensure Queensland has the highest-possible electrical safety standards for its rapidly-growing solar electricity generation industry,” she said.

“When it comes to electrical safety there are no second chances. The safety of workers in this industry was the government’s motivation for developing these regulations and remains our motivation for appealing yesterday’s decision.”

Shadow energy spokesman Michael Hart, who moved a disallowance motion to scrap the regulations in parliament earlier this month, said Premier Annastacia Palaszczuk and Minister Grace had been left with egg on their face.

“We should be encouraging renewable investment not slapping it with massive cost hikes,” he said.

Queensland Commissioner for Electrical Safety Greg Skyring said the Supreme Court decision resolved a legal issue in relation to the new legislation.

“However, my concerns about electrical shock and fire associated with the installation of solar panels at solar farms remain and need to be addressed urgently,” he said.

Originally published as Supreme Court finds Queensland’s new solar laws “invalid”