Giant wind farm opponents give up legal battles, to focus efforts on delayed federal green tick

The community group behind the Supreme Court bid to block the giant Robbins Island wind project says it will not pursue further legal action against the huge north-west Tasmania project, and will instead focus on opposing its application for federal environmental approval.

The Circular Head Coastal Awareness Network (CHCAN) has fought development of the $3 billion, 900MW Robbins Island wind farm since it was founded in 2019 and, last year, mounted a challenge to the project’s state approvals in the Tasmania Supreme Court.

CHCAN believes Robbins is the wrong place to build a wind farm due to its role as a habitat for the critically endangered orange bellied parrot and other wildlife, including wedge-tailed eagles and Tasmanian devils.

But the legal challenge – arguing points of law – was unsuccessful, with the Supreme Court dismissing CHCAN’s case and clearing the way for developer Acen Australia to focus on the project’s progress through the federal EPBC process.

In a statement on Facebook – and a letter to the editor published by the Hobart Mercury – CHCAN said it had decided not to take any further action through the Tasmanian Court System and to focus its efforts on the federal environmental process, instead.

“Together with four other parties, we challenged the [state] … approval on numerous environmental grounds, as well as the economic benefits and costs of the project being incorrectly assessed,” the statement says.

“Unfortunately, we have not been successful in the Supreme Court case, and failed to protect this precious area from the dangers of an industrial wind farm.

“It is our belief that whoever forms government after this federal Election, the new federal environment minister has a legal responsibility to refuse the project under the EPBC Act,” CHCAN says.

“We will continue to oppose this environmentally destructive and divisive project.”

The Robbins Island project has been the EPBC queue since 2017, when it was first determined as a controlled action by then Coalition energy and environment minister Josh Frydenberg.

Since then, changes to the project proposal have required reassessment by current environment minister Tanya Plibersek – but a fresh decision on whether or not the project is a controlled action has been delayed a total of five times since 2022.

The latest date change to May 09 effectively pushes a decision out until after the upcoming federal election, the latest date for which is May 17. And even if the election is held earlier than May 09, the federal government will be in a caretaker period, requiring it to hold off making major or significant decisions.

Acen Australia managing director David Pollington remains upbeat about the project’s prospects on the other side of the election, and says the company is confident Robbins Island will meet all necessary criteria to get up.

“Despite the delay, Acen Australia is continuing critical preparatory work, including progressing the Transmission Line connection to ensure the project is ready to commence construction in 2026,” he said earlier this month.

“The project continues to represent a transformative opportunity for Tasmania’s renewable energy future, delivering significant environmental, social and economic benefits.

“It is a $3 billion project expected to inject $600 million into the Tasmanian economy during construction, creating up to 400 jobs during the construction phase and 60 jobs when operational.”

The Tasmanian Liberal government stands firmly in support of the project, which state energy minister Nick Duigan has described as “vital for Tasmania.”

“This decision can’t wait until after the election,” Duigan said following the most recent delay to an EPBC decision.

“Prime Minister Anthony Albanese and Tanya Plibersek need to give Robbins Island Wind Farm the certainty it needs to proceed today, instead of leaving it in limbo,” he said.

“The Tasmanian Liberal government backs this project to the hilt.”

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