Nearby landowners are also now subject to permit requirements for undertaking works on or constructing a new dwelling or accommodation use.
These changes provide for a greater level of regulatory scrutiny of noise from WEFs over their entire operating life. This includes the recent nuisance proceedings the Supreme Court, as well as VCAT proceedings arising from objector appeals to planning permit applications and which have concerned which types of farm buildings are considered ‘dwellings’ for the purposes of WEF noise controls which has been critical in determining the location of turbines. Noise from WEFs is an ongoing and sensitive issue which is subject to frequent litigation. Farmers and landowners who could use land as of right for a dwelling will now need to seek a planning permit to use land, or for buildings and works associated with, a dwelling, rural worker accommodation, dependent person’s unit or bed and breakfast if the site is within 1 km of the nearest title boundary of land subject to a WEF permit or application. The Farming Zone for all planning schemes has also been amended by VC 212. What is changing is the enforcement and reporting regime which shifts away from Councils to the EPA. The prescribed noise levels are not changing. WEF operators should consider seeking modification to its permit in order to avoid any confusion or duplication. However existing permit conditions continue. Planning permits will no longer include the standard conditions on operational noise. What is particularly new is the requirement for an annual statement to the EPA and the 5 yearly noise monitoring audited program. Some of these obligations are similar to what has been included in planning permits in the past.
Annual statements are required after 1 July 2022, and.Noise management plans are required by 1 January 2022.The amendments to the Environment Protection Regulations 2021 introduces detailed regime of testing, reporting and auditing of noise to be regulated by the EPA: There are significant new regulations introduced for noise from wind energy facilities ( WEF) following amendment to the Environment Protection Regulations 2021 in August 2021 which introduced Division 5 – Wind Turbine Noise into Part 5.3 – Noise -into the EP Regulations and Planning Scheme Amendment VC 212 which amended the Farming Zone in all planning schemes. Written by Mark Beaufoy and Bridget Phelan.
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