Clean Energy and Carbon Law Matters 21 September 2011
Dear Richard
In this edition of Clean Energy and Carbon Law Matters we alert you to the release of the exposure draft version of the Clean Energy Regulations 2011. We also summarise for you the recently adopted new laws for planning approvals for wind farm developments in Victoria.
We would be pleased to discuss any of these issues with you if you have any questions.
Regards
Peter Hawkes
Special Counsel HERBERT GEER
Clean Energy and Carbon Law
Clean Energy Regulations 2011 released for public consultation
Today, 21 September 2011, the Federal Government released the exposure draft of the Clean Energy Regulations 2011.
This provides you with an important opportunity to comment on the details of the:
proposed arrangements for the free allocation of carbon permits for eligible EITE activities; and
proposed eligibility arrangements for the free allocation of carbon permits to coal-fired generators.
Submission deadlines are 28 October 2011 and 13 October 2011 respectively.
Please do not hesitate to contact us if you require assistance understanding and addressing this development or in preparing a submission.
Peter Hawkes Special Counsel HERBERT GEER
Clean Energy and Carbon Law
This update was produced by Herbert Geer. It is intended to provide general information in summary form on legal issues. The contents do not constitute legal advice and should not be relied upon as such
The Victorian Government has recently adopted new laws for planning approvals for wind farm developments. The new rules include:
Setbacks
No part of a wind energy facility may be located within 2 km of an existing dwelling except with the written consent of the owner.
If this is not included in an application for planning permit the application will be refused. It does not apply to proposed dwellings, nor is it applicable in terms of tenants or other occupiers of dwellings.
This gives land owners a benefit in terms of negotiating commercial agreements with wind farm developers.
A wind energy facility must not be located within 5 km of a specified major regional city or centre.
An exception is where it is integrated as part of the development of the land in a residential, industrial, business or special purpose zone, ie the power generated on site is used on that land.
