Well done to the Berrybank Wind Farm neighbours – Step one in the fight TICK
13th June, 2024
By WFL
It seems GPG, owner of the Berrybank wf is concerned about the noise.
GPG wants to forget about the testing undertaken by Marshall Day Acoustic’s (MDA) and start again with a new acoustician – an acoustician of their choosing.
And, they don’t want the neighbours to use their own independent expert acoustician. (The very same acoustician that the Bald Hills Judge preferred).
They wanted to limit the number of acoustic experts to just one.
They also wanted the data to be kept confidential. Wind farms don’t like raw data getting out.
GPG applied to the court for an order under s 65L of the Civil Procedure Act 2010 (Vic), requiring a single joint expert to conduct noise measurements and analysis at the neighbours’ properties.
The neighbours said no to the analysis of data, however, they suggested a single joint expert could measure and collect the noise data and then provide this data to each parties’ separate experts for analysis.
In the end, what GPG ended up with was the Court ordering an extra acoustician to be inserted into the mix.
This joint acoustician will only measure and collect the data – NOT analyse and interpret it.
The neighbours will be handed the noise data for their own expert(s) to interpret and analyse.
The Judicial Registrar determined that s65L(1) of the Civil Procedure Act 2010(Vic) be enforced for the measurement and collection of data only.
The scope of the expert’s work is to measure and collect the data – then provide it to the other parties for separate analysis.
Here’s section 65L(1) of the Civil Procedure Act 2010 (Vic).
As I understand it, the Registrar did NOT enforce 65O of the Act which requires that only a single joint expert and no other experts be involved – unless the neighbours go back to the courts and ask for leave.
The Court Registrar did not accept GPG’s request that one expert and only one expert provide evidence.
Of course, acousticians can’t interpret and analyse noise data without wind data.
The Court Order was only for noise data, not wind data, so this Joint Acoustician will need to be on the ball.
GPG collects and measures the wind data (not the acousticians)
This Joint Acoustician will need to make sure GPG hands over the raw wind data (SCADA data) straight from the anemometers on the nacelles.
Only then can the noise data be properly analysed.
Well fought Berrybank wf neighbours.
Looks like you have set an important precedent.
Wind Farm Living
DeFrock 