John Madigan (Victoria, Democratic Labor Party) Share this | Hansard source

The large-scale, wind energy industry is being allowed to do what it likes, where it likes in Australia. Wind energy should be a tale of positive action and change. Instead, the real story is one of regulatory failure, harm to local residents, environmental damage, wrongly issued renewable energy certificates and a discredited RET system. The authors of this disturbing tale are coalition and ALP governments at federal and state levels over the last 15 years.

Late last year, Senator Doug Cameron spoke of the wind energy industry's importance to the government's climate change and emission reduction policies. I say now to Senator Cameron, making excuses to ward off proper regulation of this industry by slagging off at me or mocking the experience of affected residents will not protect the government's policy. These tactics do not even help the industry you are trying to promote. They will not improve the operating standards of the industry, they will not deliver regulatory stability, and they will not repair the industry's damaged image.

What will help this industry, and protect the government's policy, is robust regulation that holds the industry to account and forces it to improve its practices. Legislation is needed right now to reduce and control wind farm noise. Regulators right now need to enforce the requirements of the Renewable Energy Act and the Environmental Protection and Biodiversity Conservation Act.

I have seen too many rural communities hammered by industrial noise produced by wind energy facilities that may or may not comply with the standard. Over time the Clean Energy Regulator and state and territory regulators have failed to ensure compliance. Worse, they have accredited and approved wind energy facilities prior to construction, effectively negating post-construction permit conditions. The Renewable Energy Act is crystal clear. It says that, in order to become eligible for accreditation, wind energy facilities must operate with regard to all local, state, territory and Commonwealth laws. The fraud policy statement of the Clean Energy Regulator is equally crystal clear. It says:

Fraud is a significant threat to the integrity of our schemes … and the credibility of the markets that we operate. Fraud is defined as … dishonestly obtaining a benefit … by deception or other means. Examples … are … providing false or misleading information in an application to the Clean Energy Regulator.

Like other jurisdictions, Victoria has not bothered developing the capacity to check whether wind farm proponents tell the truth in their applications. Disturbingly, planning Minister Matthew Guy revealed that since Waubra's turbines started turning four years ago, it has never been signed off for noise compliance. This wind farm has split the local community, driven people from their homes and seen Acciona buy up seven properties, effectively carving out a buffer zone in the countryside. Meanwhile, Acciona has been allowed to rack up more than $80 million worth of renewable energy certificates that should never have been issued, with the cost loaded onto the bills of Australian electricity consumers.

Minister Matthew Guy, I call on you today: we want a decision on Waubra. Does it comply or not? Make a decision. If it does comply, well and good. If it does not, make the call and tell the Clean Energy Regulator. You owe the Waubra residents the courtesy of a decision and you owe Australian energy customers the right not to be ripped off. State, territory and Commonwealth governments and their regulators are all failing to ensure compliance—it is systemic regulatory failure. Federal governments of all persuasions, with the support of the Greens, have also approved wind farms contrary to the requirements of the Commonwealth Environment Protection Act. My office recently received a letter on behalf of Minister Tony Burke regarding the environmental concerns of local residents about the proposed Mt Gellibrand wind farm. Ministers, their departments and regulators are all failing to regulate the wind energy industry. Self-regulation does not work.