CONCERNS are being raised regarding the loss of a right to appeal against wind farm planning decisions.

A recent amendment VC261 to all the rural Victorian Planning Schemes, under the Planning and Environment Act 1987 was gazetted on April 4, 2024 - it covers wind farms, solar farms and batteries.

Its effect is to make the Victorian planning and environment minister and not the Shire, the “responsible authority” for wind farm planning applications.

This means that the minister has carte blanche to issue wind farm permits.

Importantly, the amendment also removes the right for community members to lodge an appeal to the Victorian Administrative Appeals Tribunal (VCAT).

One of the first concerns raised was that of Royal Melbourne Institute of Technology’s (RMIT’s) emeritus professor, Michael Buxton who has emphasised that Planning and Environment Minister Sonya Kilkenny (MLA, Carrum) now has a clear conflict of interest.

This is because, as minister, it is her job to prioritise the State Government’s clean energy “Net Zero” policies while also taking on the role of Responsible Authority for individual Planning Schemes.

Normally, the process for a planning permit involves an application to the Responsible Authority, effectively the shire, with a right to appeal to VCAT enshrined in the Planning and Environment Act 1987 (P&E Act)

Amendment VC261 removes the right of appeal stating in its Explanatory Note; “Applications for these (wind and solar farm) uses will need to meet the requirements of notice under section 52 of the Planning and Environment Act 1987 (P&E Act), enabling people to have their say or object to a proposal, however, the applications will be exempt from review rights to the Victorian Civil and Administrative Tribunal on any decision to grant a permit, enabling prompt decisions and projects to proceed quicker (sic).” (emphasis added)

Thus, opinions may be aired but there is no right of appeal.

Professor Buxton has stated, “It is a radical change, the minister may decide to notify people, but doesn’t have to.”

“That’s most unsatisfactory because it leaves it open to the whim of the Minister to decide whether or not to involve potential objectors,” he said.

In other words, the minister is now in the position of an effective dictator with the concept of a locally-based Responsible Authority abandoned and the right of appeal conveniently abolished.

Readers may recall the report about European Energy’s massive project in the red gum country of the Dundas Tableland (Spectator, April 10, 2024).

This can now go ahead unhindered.

Whatever happened to Natural Justice?