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Renewable Energy (Electricity) Amendment (Excessive Noise from Wind Farms) Bill 2012

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7329

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Renewable Energy (Electricity) Amendment (Excessive Noise from Wind Farms) Bill 2012

 

 

( 1 )     Schedule 1 , item 5 , page 4 (line 1) , omit “ publishing on internet ”.

[information about wind farms]

( 2 )     Schedule 1 , item 5 , page 4 (line 6) , omit “published on the internet ”, substitute “made publicly available”.

[information about wind farms]

( 3 )     Schedule 1 , item 5 , page 4 (lines 11 to 14) , omit subsection 20AB ( 2 ), substitute:

             (2)  The information must be made publicly available by a method that is free of charge to, and easily accessible by, the public (including on the internet).

[information about wind farms]

(4)     Schedule 1, page 4 (after line 14), after item 5, insert:

5A  After subsection 30E(2)

Insert:

          (2A)  If an accredited power station that is a wind farm is in breach of a State or Territory permit that is required to operate a wind farm, the Regulator must require the nominated person of the power station that is accredited for renewable energy certificates to show due cause as to why the accreditation should not be suspended. Subsection (3) applies if the nominated person of the accredited power station fails to show such due cause.

[accreditation requirements]

( 5 )     Schedule 1 , item 7 , page 4 (lines 17 to 19) , TO BE OPPOSED .

[accreditation requirements]

( 6 )     Schedule 1 , item 8 , page 4 (lines 22 to 29) , omit subsections 30E ( 4A ) and ( 4B ).

[suspension of accreditation]

(7)     Schedule 1, item 8, page 5 (line 1), omit “ publish information on internet ”, substitute “ make information publicly available (including on the internet) ”.

[information about wind farms]

(8)     Schedule 1, item 8, page 5 (line 5), omit “published on the internet”, substitute “made publicly available (including on the internet)”.

[information about wind farms]

( 9 )     Schedule 1 , item 8 , page 5 (line 8) , omit “ published ”, substitute “ made publicly available (including on the internet)”.

[information about wind farms]

(10)   Schedule 1, page 5 (after line 10), after item 8, insert:

8A  At the end of section 30E

Add:

             (7)  Each State and Territory must confirm, in writing on an annual basis, that each accredited power station that is a wind farm that is located in the jurisdiction of that State or Territory is compliant with any permit of that State or Territory that is required to operate a wind farm.

[information about wind farms]

( 11 )   Schedule 1 , page 5 (after line 10) , after item 8 , insert:

8A  After Part 10

Insert:

Part 10A—Research into Health Effects of Wind Farms

 

105A   Definitions

                   In this Part:

CEO means the Chief Executive Officer.

Council means the Council referred to in section 20 of the NHMRC Act.

Energy Minister means the Minister who administers this Act.

Health Minister means the Minister who administers the NHMRC Act.

NHMRC Act means the National Health and Medical Research Council Act 1992 .

wind farm means a power station that generates some or all of its power from wind and associated structures.

105B   Research into health effects of wind farms

             (1)  As soon as practicable after the Renewable Energy (Electricity) Amendment (Excessive Noise from Wind Farms) Act 2012 commences, the CEO of the National Health and Medical Research Council must, in accordance with the CEO’s function under subparagraph 7(1)(a)(iv) of the NHMRC Act, cause research to be conducted into the possible effects of wind farms on human health.

             (2)  If the CEO advises the Health Minister that the National Health and Medical Research Council does not have the resources or expertise to conduct the research, the Health Minister and the Energy Minister must jointly appoint an appropriate person or panel to undertake the research.

             (3)  Any research undertaken, whether by the National Health and Medical Research Council or by a person or panel appointed under subsection (2), must:

                     (a)  include full spectrum acoustic monitoring, epidemiological and laboratory studies; and

                     (b)  seek the views of industry and the community generally; and

                     (c)  identify the range of interests and concerns of those whose views are sought; and

                     (d)  include, but not be limited to, research into audible noise, low frequency noise, infrasound electromagnetic radiation and vibration arising from or associated with wind farms, including wind turbines, transmission lines, substations, telecommunication towers and any other structures associated with industrial wind electricity generation.

105C  Guidelines etc.

             (1)  Following the completion of the research, the Council of the National Health and Medical Research Council must develop appropriate guidelines to provide to the CEO for the purpose of issue by the CEO under paragraph 7(1)(a) of the NHMRC Act.

             (2)  Despite subsection 9(2) of the NHMRC Act, the CEO must issue guidelines provided to the CEO in accordance with subsection (1).

             (3)  The CEO must issue the guidelines by no later than the end of the period of 12 months after the day on which the Renewable Energy (Electricity) Amendment (Excessive Noise from Wind Farms) Act 2012 commences.

             (4)  If the guidelines are not issued by the end of that period, the Health Minister must cause a statement, setting out the reasons why the guidelines were not issued by the end of that period, to be laid before each House of the Parliament within 5 sitting days after the end of that period.

105D   Reporting on research

Report on progress of research

             (1)  No later than 6 months after the day the Renewable Energy (Electricity) Amendment (Excessive Noise from Wind Farms) Act 2012 commences:

                     (a)  the CEO; or

                     (b)  if the research is undertaken by a person or panel appointed under subsection 105B(2)—the person or panel so appointed;

must prepare and give to the Health Minister a report on the progress of the research.

             (2)  The Health Minister must cause a copy of the report to be laid before each House of the Parliament within 5 sitting days of that House after the report was given to the Health Minister.

Report on outcomes of research

             (3)  No later than 12 months after the day the Renewable Energy (Electricity) Amendment (Excessive Noise from Wind Farms) Act 2012 commences:

                     (a)  the CEO; or

                     (b)  if the research is undertaken by a person or panel appointed under subsection 105B(2)—the person or panel so appointed;

must prepare and give to the Health Minister a report on the outcomes of the research. The report may include a recommendation, and justification, for an extension of the research or the conduct of further funded research programs.

             (4)  The Health Minister must cause a copy of the report to be laid before each House of the Parliament within 5 sitting days of that House after the report was given to the Health Minister.

Certain information to be reported to operators etc.

             (5)  If research conducted under this Part identifies that a wind farm is operating outside the provisions of its operating permit, the CEO must report this information to the operator of the wind farm and to the relevant State or Territory authority.

[research]