A tiny north Queensland charity takes on Plibersek over approval of wind farm

A north Queensland charity is seeking a judicial review of the Environment Minister’s approval of a wind farm in a biodiversity hotspot near a Wet Tropics world heritage area.

The project area for Gawara Baya wind farm southwest of Ingham in north Queensland will involve clearing of koala habitat. Picture: Steven Nowakowski

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A tiny north Queensland environment charity has launched legal action against the federal government and an Andrew Forrest-backed renewable energy company over a planned wind farm near world heritage-­protected wilderness.

In the ultimate David versus Goliath case, Rainforest Reserves Australia, which runs a sanctuary for injured cassowaries and campaigns to protect wild areas, has sought a judicial review of federal Environment Minister Tanya Plibersek’s approval of the Gawara Baya (formerly Upper Burdekin) wind farm, 65km southwest of Ingham.

The 69-turbine operation 5km from the Wet Tropics world heritage area will involve the clearing of about 600 hectares of habitat for koalas and other vulnerable species.

It is being developed by a subsidiary of Windlab Developments, which is majority owned by Dr Forrest’s Squadron Energy.

The legal challenge is based on a number of grounds relating to federal environmental approval, including claims that the decision was inconsistent with Australia’s international obligations on migratory birds.

In court documents, Rainforest Reserves said it was concerned about the potential for the wind farm to kill, injure or disturb flying animals that are endangered or protected by international treaties.

The government and the project proponent have disputed the claims, calling for the case to be dismissed.

It is set down for hearing in the Federal Court on Thursday.

The court action follows years of controversy over the 400 megawatt wind farm due to clearing of vulnerable species habitat to make way for access roads and turbines with a maximum tip height of 250m.

Desktop and field assessments identified 22 threatened species likely or with potential to occur within the development area and listed likely “significant impacts” to 11 species.

Environmental documents say the project is located mostly within open forest and woodland on Kilclooney pastoral station and would require clearing of at least 600ha of koala and Sharman’s rock wallaby habitat, along with vegetation that supports the greater glider, red goshawk, masked owl, two types of bat and the endangered spectacled flying fox.

The wind farm environment approval found there would be significant residual impact on the Sharman’s rock wallaby, but this could be managed through ‘avoidance, mitigation and offsetting processes’. Picture: Steven Nowakowski

The public environment report noted the project area – adjacent to part of Lannercost State Forest and Girringun National Park – contained large tracts of well-connected native vegetation.

Rainforest Reserves was one of several groups that successfully campaigned against the Wooroora Station (formerly Chalumbin) wind farm, adjacent to the Wet Tropics world heritage area, that was abandoned last year.

In that case, Ms Plibersek said the effects on nature were too great. In the case of Gawara Baya, she said the environmental harms could be managed, mitigated or dealt with via biodiversity offsets.

She announced final approval for the project last year as “another big step in the government’s plan to make Australia a renewable energy superpower”.

Ms Plibersek said the approval came with strict controls. “The conditions include clearance limits, hours of operation during construction, and submission of environmental management plans which will set out how any impacts will be managed, mitigated, avoided or offset,” she said.

Windlab said it had conducted detailed ecological studie, removed half the original number of turbines from the project and reduced the development footprint to avoid sensitive areas and minimise habitat fragmentation.

It had in place a bird and bat management plan, had volunteered to participate in a Commonwealth Scientific and Industrial Research Organisation koala monitoring program, and was committed to boosting, not reducing, biodiversity in the area.

“We are committed to ensuring no native species are harmed as a result of project activity,” the company said on the project website. “Gawara Baya will be the first renewable energy project in Australia to be delivered with a robust, measurable program for achieving biodiversity net gain.”

Squadron Energy’s Clarke Creek wind farm, 150km northwest of Rockhampton.

In its submission opposing approval of the project, Rainforest Reserves said the wind farm would be in the middle of a wildlife corridor that connects to the Wet Tropics world heritage area. “A high number of threatened and unique species traverse this region … It’s critical this landscape is left untouched to allow the easy dispersal of all migratory species, as well as species which permanently inhabit the site.”

The charity’s lawyer, Dominica Tannock, said the legal challenge was a big move for a small organisation. It has about 150 members, including nature photographer Steven Nowakowski, and has recently been involved in raising awareness on the impact of wind farms on biodiversity hotspots.

“It’s a very brave case because you can imagine how difficult it is to seek a review of a minister’s decision and the difference in resources between the parties,’’ Ms Tannock said.

This is one of at least three court cases involving approved renewables projects. A residents group and Tamworth Regional Council are fighting the Hills of Gold wind farm near Nundle in the NSW Land and Environment Court. The Wallaroo solar farm on the NSW/ACT border is also under legal challenge.