Environmental Protection Authority to appeal Robbins Island Wind Farm decision

The EPA says it had no other option but to launch an appeal against Robbins Island Wind Farm due to a clause in the state’s coastal policy not being considered.

Robbins Island, far northwest Tasmania, where there are plans for a 100-turbine wind farm. Credit: Bob Brown Foundation.

The Robbins Island Wind Farm project is facing another challenge, as the Environmental Protection Authority (EPA) confirms it will appeal the Tasmanian Civil and Administrative Tribunal’s (TasCAT) decision to approve the project.

The EPA had initially approved the Robbins Island Wind Farm project under the condition that it not operate for five months of the year to protect orange-bellied parrots.

The proponent, ACEN Australia, and others appealed that decision to TasCAT, and the condition was removed.

However, TasCAT’s decision will now be appealed in the Supreme Court.

“The EPA required ACEN Australia to provide information about the application of the Tasmanian State Coastal Policy on the proposed development of the wind farm, including the construction of the wharf,” an EPA spokesperson said.

“ACEN Australia did not provide any information addressing clause 1.4.2 of the policy.

“The EPA Board was not aware of its legal obligations in relation to the application of clause 1.4.2 at the time it undertook its assessment and made its decision.

Render showing a future Robbins Island Renewable Energy Park, seen from Montagu, across Robbins Passage. Picture: Robbins Island Wind

“The EPA Board received advice last week that it was required to have regard to clause 1.4.2 and in not doing so it had erred at law, and hence had no option other than to lodge the appeal.”

Clause 1.4.2 of the Tasmanian State Coastal Policy says that “development on actively mobile landforms such as frontal dunes will not be permitted except for works consistent with Outcome 1.4.1”.

Outcome 1.4.1 states that “areas subject to significant risk from natural coastal processes and hazards such as flooding, storms, erosion, landslip, littoral drift, dune mobility and sea level rise will be identified and managed to minimise the need for engineering or remediation works to protect land, property and human life”.

The Bob Brown Foundation (BBF) welcomed the EPA’s decision to appeal the TasCAT’s findings.

“We welcome the EPA taking a stand to protect the sensitive dune ecosystems from a destructive and unnecessary development,” BBF campaigner Scott Jordan said.

“Big corporations must not be allowed to ignore the rules.

“It is an important role for the EPA to be able to take cases like this where an approval clearly breaches environmental and planning law.”