Wind farm high court legal challenge fails, objector left with $500k bill
The six-figure legal bill of a brolga enthusiast’s appeal against a wind farm planned west of Geelong has been revealed after 12 months of legal wrangling.
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AN attempt in Australia’s highest court to scrap a $2 billion wind farm, planned for northwest of Geelong, has failed.
Following 12 months of legal wrangling, the Golden Plains wind farm at Rokewood, that could host up to 228 turbines, now appears free from any legal hurdles.
Construction of the project across 17,000ha could begin in the second half of next year.
When complete the wind farm could contribute more than half of the Victoria’s legislated renewable energy production target, of 40 per cent, by 2025, court documents reveal.
The project has potential to provide electricity to power more than 500,000 households and save the equivalent of 3.5 million tonnes of carbon dioxide emissions annually.
On Thursday the High Court ruled a third legal challenge against the project from brolga enthusiast, farmer and mechanical engineer Hamish Cumming would not proceed.
In a short reasoning for their decision, High Court justices Michelle Gordon and James Edelman said: “An appeal would have insufficient prospects of success to warrant the grant of
special leave to appeal. The application (to appeal) should be dismissed.”
Mr Cumming’s solicitor Dominica Tannock said: “Hamish Cumming’s special leave application to the High Court of Australia was unsuccessful. It brings his litigation to an end.”
It’s understood Mr Cumming now faces a legal bill of well above $500,000 following unsuccessful attempts to stop the project in Victorian Supreme Court and Court of Appeal.
Mr Cumming sought to have the project scrapped because, he said, the wind farm’s developer, WestWind Energy, unfairly sought to maximise the project’s energy output by changing the turbine layout after a public objection process was run.
Planning Minister Richard Wynne said in court documents the letter requesting the change had no bearing on his decision to approve the wind farm.
A Victorian Court of Appeal ruling earlier this year hinted the project may need to be reduced from 228 turbines to comply with its approval conditions.
It’s understood that reduction could see the project scaled back to 181 turbines.
WestWind Energy told the Geelong Advertiser earlier this year it planned to begin construction of the project in the second half of next year, and that the first stage of the project could include up to 125 turbines.
During challenges to the project in Victorian courts, Mr Cumming alleged WestWind failed to adequately apply the standard for buffer zones needed around brolga breeding grounds and flocking zones within the project boundary.
But WestWind said the standard had been applied correctly to protect brolga which flock in the area.
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Originally published as Wind farm high court legal challenge fails, objector left with $500k bill
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