A balancing act: Assessing the environmental impacts of the proposed Willatook Wind Farm

Background

The WWF is a large-scale wind farm proposed to consist of 59 wind turbines, a battery energy storage facility and supporting infrastructure. The project site covers more than 4,000 hectares, used primarily for sheep and cattle grazing. The project site is within the South West Renewable Energy Zone which is centred on the existing Moorabool to Heywood 500 kilovolt transmission line. The transmission line passes through the project site making it an attractive location given its proximity to existing electricity transmission infrastructure.

Assessment Process

On 27 December 2018, the Minister determined that an Environment Effects Statement (EES) under the EE Act was required for WWF due to the potential for the project to have significant effects on people and the environment, in particular to:

• threatened fauna listed under the Flora and Fauna Guarantee Act 1988 (Vic) (FFG Act) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), specifically the Brolga (an indigenous crane known for its dancing rituals) and the Southern Bent-wing Bat (a 55 millimetre-long cave-dwelling bat);
• threatened flora listed under the FFG Act and the EPBC Act;
• geo-heritage and geoscience values of the area; and
• visual amenity values of the area.

The developer, Wind Prospect Pty Ltd prepared an EES and two planning permit applications for the use and construction of the WWF on the project land and the removal of native vegetation.

Consideration of the WWF proposal

The Minister appointed an inquiry to consider the WWF’s environmental effects under the EE Act (Inquiry), and a panel under the Planning and Environment Act 1987 (Vic) for the purpose of the planning permit applications (Panel) (jointly the IAP). An IAP hearing was conducted in October and November 2022 and provided an opportunity for those who made submissions on the EES or the planning permit applications to be heard. Key issues raised related to ground and surface water, impacts on biodiversity, habitat and fauna including the Brolga and Southern Bent-wing Bats, noise and vibration, landscape and visual amenity, heritage, proposed onsite quarry, aviation safety, traffic and transport and bushfire risk.

On 16 January 2023, the IAP provided its report to the Minister (IAP Report). The IAP found that the project, as proposed in the EES had the potential for unacceptable residual impacts on listed threatened species, specifically the Brolga and Southern Bent-wind Bat, because it did not provide sufficient buffers to wetlands and other habitat on the project site. The IAP made 3 key recommendations and 21 other recommendations.

The 3 key recommendations related to:

• modifying the project to include certain wetlands within the Brolga breeding wetlands;
• undertaking further assessments relating to wetland habitats before the planning permit applications are decided; and
• issuing of planning permits following the outcome of the further assessments above.

In July 2023, the Minister released the Minister’s Assessment. The Minister mostly supported the IAP Report recommendations and concluded that the project could proceed with acceptable environmental effects, provided that the recommendations in her report were implemented with environmental management measures consistent with those endorsed by the IAP.

However, the Minister reached several conclusions that may significantly impact the project, including:

• a requirement for turbine-free buffers for the Brolga to be increased from 700 metres to 900 metres, plus a 300 metre allowance for disturbance;
• inclusion of a minimum 200 metre turbine-free buffer from potential foraging habitat for the Southern Bent-wing Bat; and
• inclusion of a measure in the construction management plan requiring no construction during the Brolga breeding season from July to end of November (inclusive).

Compliance with the recommended buffers would require removal of approximately two thirds of the total number of proposed turbines.

The IAP Report and Minister’s Assessment are not binding on the statutory decision makers who will make decisions on the various approvals required for the WWF. However, they will inform the decision-making under both Victorian and Commonwealth legislation, including in relation to the planning permits, the key State approval required for the project. Also, the same Minister who prepared the Minister’s Assessment will determine the planning permit applications, so the outcome of the planning permit applications is unlikely to differ from the Minister’s Assessment.

At the time of drafting this update, the planning permit is yet to be issued by the Minister.

Implications

The Minister’s Assessment demonstrates that, in assessing proposals for large-scale renewable energy projects, statutory decision makers are required to balance significant but sometimes competing policy objectives. In this case, the protection of declining biodiversity values was weighed against facilitation of the transition to renewable energy infrastructure to deliver on legislative and policy targets for greenhouse gas emissions reduction.

How we can help you learn more

If you require assistance with the planning and environmental approvals process for renewable energy development projects please contact a member of our team.

If you would like to understand more about our analysis of the Willatook Wind Farm decision and its future implications, we would be delighted to welcome you to our in-person “lunch and learn” seminar on Wednesday 13 September 2023. Event details and registration, can be found here.