Three wind projects will be off limits to legal challenges once the New South Wales planning arbiter has made its final decision, with not even the “packet of poo tickets” Winterbourne project able to be taken to court.
State planning minister Paul Scully asked for the Dinawan, Bullawah and Winterbourne wind projects to be handled as public hearings, a rarely used route through the Independent Planning Commission (IPC) that prevents merit appeals through the courts afterwards.
It is the first time a renewable energy project has been put through a public hearing process, as opposed to the IPC’s usual route of a public meeting.
“Public hearings are a rigorous and independent way to determine projects,” Scully said in comments sent to Renew Economy.
“The public hearing for these wind farms will give the community an opportunity to have their say on the project, while providing certainty of investment for critical energy projects.”
But for contentious projects or those the state is prioritising, the planning minister can require it to go through a public hearing instead, a process that has pros and cons for both opponents and proponents.
The hearing is the last chance to argue for or against the merits of the project and once the IPC makes its decision, there is no further route for appeals.
The IPC can also compel people to appear and cross examinations are allowed.
Hitting the courts
The ministerial request comes as appeals against two major wind projects make their ways through the courts this month.
Absentee landowner Marshall Baillieu continues his appeal against Acen Australia’s Valley of the Winds project this week, following two days of court-ordered dispute resolution last week.
Baillieu is prosecuting many of the arguments heard by the IPC before it made a decision to approve the 943 megawatt (MW) project.
But he’s also been allowed to add a claim of “solastalgia,” or psychological and spiritual distress, to his suit, claiming that the change to the landscape will create mental harm and spiritual distress.
Baillieu owns a neighbouring property, the Tongy Station, which he bought in 2015 for under $20 million from a family member. It lies to the east of the project.
Further north in the New England renewable energy zone, the Tamworth Regional Council is gearing up for its week in court later this month against the 372 MW Hills of Gold project.
The council joined a suit in early 2025, only to be left carrying the can when the originator dropped out and is continuing to pursue it – even after being ordered to re-plead its case in November after a judge said its approach had “gone off the rails”.
Spark Renewables, Edify Energy and Vestas will not need to fear this outcome for their respective 1.2 gigawatt (GW) Dinawan, 815 MW Bullawah and 359 MW, 718 megawatt hour (MWh) battery, and 732 MW Winterbourne projects.
The Winterbourne project has been subject to a years-long campaign by some locals — but not all — and One Nation MP Barnaby Joyce and his wife and former staffer Vicki Campion.
Planning applications in NSW that receive more than 50 objections – from anywhere in the world – must be referred to the IPC.
For renewable energy projects, objections span the gamut of spurious, anonymous, not local, and at times unhinged.
If you would like to join more than 26,000 others and get the latest clean energy news delivered straight to your inbox, for free, please click here to subscribe to our free daily newsletter.
