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

My question is to the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities, Senator Conroy. Minister, in light of the imminent construction of the Mt Gellibrand wind farm—a project originally approved under Minister Ian Campbell in 2005—in the environmentally sensitive Ramsar listed Western Lakes area, which is home to numerous critically endangered and vulnerable species listed under the EPBC Act, and in light of the 2011 admission under oath in court by the environmental consultant for the proponent that a significant population of growling grass frogs had been overlooked and where he also questioned whether the original project should have been approved, can the minister advise what action has been taken to stop construction and reassess this project as per the requirements under the EPBC Act?

Stephen Conroy (Victoria, Australian Labor Party, Minister for Broadband, Communications and the Digital Economy) Share this | Link to this | Hansard source

I thank the senator for his question. The senator may be aware that responsibility for wind farm approvals, including health impacts from noise, rests primarily with the states and local governments. The Commonwealth is involved only where wind farm proposals are likely to significantly impact on matters of national environmental significance. The Mt Gellibrand wind farm was referred to the environment department and was determined to not require approval, on 15 June 2005, as I think you indicated—some eight years ago. Minister Burke is aware of recent calls to call in the project or withdraw approval. Minister Burke has advised that these options are not available under national environmental law in the current circumstances. A reconsideration of the original decision could be made under section 78 of the Environment Protection and Biodiversity Conservation Act 1999. However, any application for reconsideration must provide substantial new information that would warrant reconsideration of the original not-a-controlled-action decision.

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

Mr President, I ask a supplementary question. Minister, what are the details of the expert other checks conducted by the department during the four-week period in 2005 when the department was in possession of the environmental consultant's original referral documentation and site assessments were undertaken?

Stephen Conroy (Victoria, Australian Labor Party, Minister for Broadband, Communications and the Digital Economy) Share this | Link to this | Hansard source

That question, as I am sure the senator understands, requires quite a detailed answer. I will take it on notice on behalf of the minister.

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

Mr President, I ask a further supplementary question. In light of the fact that in January 2013 the department was formally notified of the error in the original environmental site assessment, can the minister explain why this information was ignored for four months and has still not been acted upon, risking a serious breach on the site?

Stephen Conroy (Victoria, Australian Labor Party, Minister for Broadband, Communications and the Digital Economy) Share this | Link to this | Hansard source

I am advised, Senator Madigan, that you have had a response on this matter from the Parliamentary Secretary for Sustainability and Urban Water. I refer you to that letter.