THE Hawkesdale anti wind farm group “People of the Small Town of Hawkesdale” (the Applicant or ‘Association’) has sought leave to appeal the case they recently lost in the Supreme Court of Victoria, to be heard in the High Court of Australia.

Group president, John Bos, posted a statement to Facebook on Thursday that said following recent discussions between group members and the group’s legal advisors, they decided to seek special leave and apply to the High Court.

The case between the People of the Small Town of Hawkesdale v Minister for Planning held in the Supreme Court of Victoria on August 18, went in favour of the minister, despite the planning permit for the wind farm having expired.

The group were appealing against an original decision from August 2021 that approved the development of the wind farm, but following the recent hearing, expressed extreme disappointment in the Supreme Court’s ruling.

Mr Bos told The Spectator the day after the hearing it was wrong that the Victorian Government was able to override legislation.

Mr Bos said on Thursday that the Supreme Court’s decision to reject arguments from the Applicant prompted the group to hold further discussions with their legal team, including Allan Myers QC who was acting for the Association.

Anti wind farm activist, Viva-Lyn Lenehan of Killarney, wrote a Letter to the Editor of The Spectator following the recent hearing stating that The People of the Small Town of Hawkesdale lost because Section 62 of the Planning Act made provision for a permit condition to override the law.

“They determined the law is subordinate to its instrument – the permit,” she said.

The High Court determines if it will hear cases of special Federal significance, including challenges to the constitutional validity of laws and to hear appeals by special leave, from Federal, State and Territory courts.

Mr Bos said a meeting with members of the People of the Small Town of Hawkesdale would take place on Monday, September 5 from 7.30pm at the Hawkesdale Hall to outline the process ahead.

Meanwhile the Willatook Wind Farm Project Inquiry and Panel held a Directions Hearing at 10am yesterday via zoom.

Willatook Wind Farm Pty Ltd is proposing to construct a wind farm of up to 59 wind turbines with a maximum blade tip height of 250 metres above ground level and an indicative generation capacity of 350 megawatts in Moyne Shire, about 22 kilometres north of Port Fairy.

The Inquiry sought submissions to advise the minister for Planning on the Environment Effects Statement (EES) for the proposed Willatook Wind Farm Project.

Following the Directions Hearing, a date for a Public Hearing, yet to be confirmed, is anticipated to commence in the week of October 10, and run for approximately three weeks.

The Public Hearing will hear from the project proponent, councils, Traditional Owners, various parties and submitters, and consider and further advise the Planning minister on the environmental effects of the project and is open to anyone to watch.

The proposed project would have an expected operational life of about 25 years.