Resource Documents: Law (59 items)
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Denmark, Europe, Germany, Italy, Netherlands, Noise, Regulations, Technology •
Author: Marini, Martino; et al.
The enduring energy scenario leads to further promote the development of the exploitation of renewable energy sources. Recent European standards have been defining a path to reach in 2050 a level of decarbonization lower of 80% compared to 1990. Wind farms have been growing quickly for [the] last decade with individual wind turbines getting larger and larger. In addition to the benefits of containing greenhouse gas emissions and restraining the use of depletable resources, drawbacks have also appeared due to noise generation from wind turbines and adverse reaction of some nearby residents. The noise generated by wind turbines has a broad spectrum character but the low frequency noise causes special problems. It is a fact that in different European countries special laws have been adopted to impose noise limits and evaluation methods for the assessment of environmental low frequency noise from this kind of sound source. Other countries are still lacking specific rules but in the authorization procedure such analysis is required by environmental control agencies. The purpose of this study consists of comparing the assessment procedures currently used in different European countries for the prediction of low frequency noise from wind turbines and its propagation. The comparison of procedures gives a chance to put forward progressions in low frequency noise emission and reception.
Martino MARINI, DADU University of Sassari, Italy
Costantino Carlo MASTINO, Roberto BACCOLI, Andrea FRATTOLILLO, DICAAR University of Cagliari, Italy
Antonino DI BELLA5, DII University of Padova, Italy
Proceedings of the 23rd International Congress on Acoustics, 9–13 September 2019, Aachen, Germany: pages 1441–1446
Download original document: “Implementation of the issue of noise from wind turbines at low frequencies”
Author: Asten, Heidi; Tarasenko, Ellen; and Ellicott, Thomas
Wind energy facility proponents should take note of recent developments in the regulation of noise impacts from wind energy facilities in Victoria, which signal increased scrutiny of noise impacts from operations. This includes:
- South Gippsland Shire Council’s finding of statutory nuisance under the Public Health and Wellbeing Act 2008 (Vic) (PHW Act) in relation to the Bald Hills Wind Farm;
- The impending introduction of the general environmental duty in relation to noise under the Environment Protection Act 2017 (Vic); and
- The Victorian Civil and Administrative Tribunal’s (VCAT) consideration of the application of the high amenity noise limit under the New Zealand Standard Acoustics – Wind farm noise NZS 6808:2010 (2010 NZS) to the Farming Zone in Naroghid Wind Farm Pty Ltd v Minister for Planning  VCAT 800 (3 June 2019) (Naroghid).
These developments highlight the significance of proactive and robust management of noise impacts for both existing and proposed wind energy facilities.
South Gippsland Shire Council’s investigation of Bald Hills Wind Farm under the PHW Act
In March 2019, the South Gippsland Shire Council (Council) determined that the Bald Hills Wind Farm had caused nuisance under the PHW Act as a result of noise from the operation of its wind turbines. The decision followed a Supreme Court of Victoria ruling requiring the Council to engage an independent health assessor to consider the complainants’ concerns.
In reaching its finding that a nuisance had been caused, the Council attributed weight to noise logs, and evidence of health impacts provided by the complainants. Significantly, the decision was made notwithstanding reported compliance with the noise conditions of the planning permit for Bald Hills Wind Farm. The lack of directly comparable data correlating timing, location and nature of noise emissions between the formal noise compliance monitoring and the noise complaints presented some challenges to all parties.
The decision is the first finding of nuisance under the PHW Act in relation to noise from the operation of wind turbines. The decision has not been appealed, and may set a precedent for other local government authorities in PHW Investigations. Our key observations in relation to the decision are:
- Compliance with planning permit conditions does not necessarily preclude a finding of nuisance under the PHW Act in relation to noise from wind energy facilities;
- Evidence of impacts on sleep, and corroboration by an independent expert of high levels of audible noise from wind turbines within dwellings was central to the finding of nuisance;
- Wind energy facility proponents may wish to consider whether their post-construction monitoring addresses consideration of any noise complaints they receive; and
- Wind energy facility operators will need to engage with complainants and councils if nuisance complaints are made under the PHW Act.
The new general environmental duty
The Environment Protection Act 2017 (Vic) will require wind energy facilities to comply with a new ‘general environmental duty’ (GED) when it comes into effect (along with a whole suite of other reforms), currently expected to be in mid-2020. The GED will operate separately from planning permit requirements, and from noise nuisance considerations, including under the PHW Act.
The GED will require that ‘a person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable’. Significantly, ‘human health’ is defined to include ‘psychological health’. The GED will require management of noise impacts from operations, given that the definition of ‘pollution’ includes noise pollution. A person commits an offence if they contravene the GED in the course of conducting a business undertaking.
The Environment Protection Authority (EPA) will have primary responsibility for regulating the GED. However, third parties may also bring actions for breach of the GED in some circumstances, and seek civil and compensation orders in respect of injury, loss or damage resulting from a contravention.
Wind energy facility operators should consider:
- What are the risks of harm to human health or the environment from operation of the wind farm, including in respect of noise?
- To what extent can the risk of harm be avoided, and has this been done so far as reasonably practicable?
- To what extent can the risk of harm be mitigated, and has this been done so far as reasonably practicable?
- To what extent are their procedures to engage with the local community effective in resolving issues or complaints that may arise during operation?
The EPA is yet to release detailed guidance as to how it intends to regulate the GED, including in the context of wind energy facilities. Once released, such guidance will be an important means of understanding the EPA’s likely approach. The EPA will also be releasing subordinate legislation under the new regime, including environmental reference standards which will regulate noise emissions and replace existing State environment protection policies.
The Naroghid decision
In Naroghid, VCAT considered a planning permit application for a 12 turbine wind energy facility in Corangamite, in the vicinity of Cobden.
VCAT refused to grant a permit for the wind energy facility on a number of grounds. However, of broader relevance to the industry, the decision provides a discussion of the application of the high amenity noise limit under the 2010 NZS to the Farming Zone. The high amenity noise limit under the 2010 NZS applies a limit of 35dB or background +5 dB, as opposed to 40dB or background +5 dB in other areas under the 2010 NZS.
While the Tribunal did not make a final ruling on the issue, it expressed the view that the high amenity noise limit should apply to non-stakeholder dwellings in the Farming Zone. The discussion on this point is contrary to the finding in another VCAT decision in Cherry Tree Wind Farm Pty Ltd v Mitchell SC & Ors (Includes Summary) (Red Dot)  VCAT 521 that the high amenity noise limit does not apply in the Farming Zone. While the Tribunal in Naroghid agreed that the planning scheme is the relevant ‘plan’ relevant to application of the NTS 2010 in this context, the Tribunal’s discussion went on to attach particular weight to EPA Publication 1411 Noise from Industry in Regional Victoria (October 2011). Based on the approach to noise amenity in NIRV (a reference document in the Planning Scheme which is currently being updated), the Tribunal suggested that a high amenity noise limit should be applied to the Farming Zone.
While the discussion in Naroghid is not authority for the application of the high amenity noise limit to the Farming Zone, wind energy facility proponents may wish to consider noise compliance risks at dwellings within the 35dB noise contour.
Herbert Smith Freehills LLP – Heidi Asten, Ellen Tarasenko and Thomas Ellicott
August 30 2019 lexology.com
Author: Davy, John; Burgemeister, Kym; and Hillman, David
This paper describes existing wind turbine sound limits in Australian states and several other countries with similar constraints, how these were established and a method that could facilitate their harmonisation. Most existing limits appear to have been adopted to avoid sleep disturbance using data derived from sound sources other than wind turbines. This seems to have been a reasonable approach at the time of their adoption because of the paucity of other suitable data. More recently the concept of “annoyance” has been used to encapsulate negative reactions to wind turbine sound. Many studies have now demonstrated a significant relationship between annoyance and wind turbine sound level, whether or not sound was the major source of the annoyance. Thus there is a logical basis for now deriving a wind turbine sound limit based on limiting annoyance. This paper describes such an approach. The derived limit is compared to existing Australian and international limits. Its value lies within the range of these other limits. It provides a method for harmonisation of future limits based on direct assessments of human response to wind turbine sound.
John L. Davy, Royal Melbourne Institute of Technology (RMIT) University, Victoria, Australia
Kym Burgemeister, Arup Acoustics, East Melbourne, Victoria, Australia
David Hillman, Sir Charles Gairdner Hospital, Nedlands, Western Australia, Australia
Volume 140, November 2018, Pages 288-295
Our analysis derives a maximum sound level limit for wind turbine sound based on permitting no more than 10% of the population to be highly annoyed when exposed to wind turbine sound at the maximum sound level limit. Such a 10% threshold is commonly used when setting hearing protection noise limits, and is similar to the 8% used when setting the Dutch wind turbine sound limits. Thus Fig. 3 and Eq. (2) suggest that the mean limit for wind turbine sound should be an LA90(10min) of 35 dBA.
|LA90(10min)||No financial Involvement||Day||≤30 to 35 dB||35 to 40 dB|
|LA90(10min)||No financial Involvement||Day||>30 to 35 dB||BKGND + 5 dB|
|LA90(10min)||No financial Involvement||Night||≤38 dB||43 dB|
|LA90(10min)||No financial Involvement||Night||>38 dB||BKGND + 5 dB|
|LA90(10min)||Financial Involvement||Any||≤40 dB||45 dB|
|LA90(10min)||Financial Involvement||Any||>40 dB||BKGND + 5 dB|
|VIC NZS 6808:1998||LA95(10min)||Any||Any||≤35 dB(LA95)||40 dB|
|VIC NZS 6808:1998||LA95(10min)||Any||Any||>35 dB(LA95)||BKGND + 5 dB|
|SA EPA 2003||LAeq(10min) Prediction LA90(10min) Measurement||Any||Any||≤30 dB||35 dB|
|SA EPA 2003||LAeq(10min) Prediction LA90(10min) Measurement||Any||Any||>30 dB||BKGND + 5 dB|
|WA 2004||LAeq(10min)||Any||Any||≤30 dB||35 dB|
|WA 2004||LAeq(10min)||Any||Any||>30 dB||BKGND + 5 dB|
|SA EPA 2009||LAeq(10min) Prediction LA90(10min) Measurement||Standard||Any||≤35 dB||40 dB|
|SA EPA 2009||LAeq(10min) Prediction LA90(10min) Measurement||Standard||Any||>35 dB||BKGND + 5 dB|
|SA EPA 2009||LAeq(10min) Prediction LA90(10min) Measurement||Rural Living||Any||≤30 dB||35 dB|
|SA EPA 2009||LAeq(10min) Prediction LA90(10min) Measurement||Rural Living||Any||>30 dB||BKGND + 5 dB|
|VIC NZS 6808:2010||LA90(10min)||Standard||Any||≤35 dB||40 dB|
|VIC NZS 6808:2010||LA90(10min)||Standard||Any||>35 dB||BKGND + 5 dB|
|VIC NZS 6808:2010||LA90(10min)||High Amenity||Day||≤35 dB||40 dB|
|VIC NZS 6808:2010||LA90(10min)||High Amenity||Day||>35 dB||BKGND + 5 dB|
|VIC NZS 6808:2010||LA90(10min)||High Amenity||Evening or Night less than 6 m/s||≤30 dB||35 dB|
|VIC NZS 6808:2010||LA90(10min)||High Amenity||Evening or Night less than 6 m/s||>30 dB||BKGND + 5 dB|
|NSW Draft 2011||LAeq(10min) LA90(10min) + 1.5 dB||Any||Day||≤30 dB||35 dB|
|NSW Draft 2011||LAeq(10min) LA90(10min) + 1.5 dB||Any||Day||>30 dB||BKGND + 5 dB|
|NSW Draft 2011||LAeq(10min) LA90(10min) + 1.5 dB||Any||Night||≤30 dB||35 dB|
|NSW Draft 2011||LAeq(10min) LA90(10min) + 1.5 dB||Any||Night||>30 dB||BKGND + 5 dB|
|QLD 2016||LAeq Prediction||Non-host lot||Day and Evening||≤32 dB||37 dB|
|QLD 2016||LAeq Prediction||Non-host lot||Day and Evening||>32 dB||BKGND + 5 dB|
|QLD 2016||LAeq Prediction||Non-host lot||Night||≤30 dB||35 dB|
|QLD 2016||LAeq Prediction||Non-host lot||Night||>30 dB||BKGND + 5 dB|
|QLD 2016||LAeq Prediction||Host lot||Any||≤40 dB||45 dB|
|QLD 2016||LAeq Prediction||Host lot||Any||>40 dB||BKGND + 5 dB|
|Demark||LAeq, 8 m/s@10 m||Standard||Any||Any||44 dB|
|Demark||LAeq, 6 m/s@10 m||Standard||Any||Any||42 dB|
|Demark||LAeq, 8 m/s@10 m||Noise Sensitive||Any||Any||39 dB|
|Demark||LAeq, 6 m/s@10 m||Noise Sensitive||Any||Any||37 dB|
|Canada, Ontario||LAeq (1hr)||Urban||Any||≤38 dB RefBG||45 dB|
|Canada, Ontario||LAeq (1hr)||Urban||Any||>38 dB RefBG||RefBG + 7 dB|
|Canada, Ontario||LAeq (1hr)||Rural||Any||≤33 dB RefBG||40 dB|
|Canada, Ontario||LAeq (1hr)||Rural||Any||>33 dB RefBG||RefBG + 7 dB|
|Sweden||LAeq, 8 m/s@10 m||Standard||Any||Any||40 dB|
|Sweden||LAeq, 8 m/s@10 m||Quiet||Any||Any||35 dB|
Download original document: “Wind turbine sound limits: Current status and recommendations based on mitigating noise annoyance”
Author: Diamond Trail Wind Energy
Purpose of Easement. The easements and grant of rents, royalties, credits and profits created by this Agreement (collectively, the “Easement”) are solely and exclusively for wind energy purposes, and not for any other purpose, and Grantee shall have the exclusive right to use the Property for wind energy purposes and to derive all profits therefrom. For purposes of this Agreement, wind energy purposes means converting wind energy into electrical energy, and collecting and transmitting the electrical energy so converted, together with any and all activities related thereto (“Development Activities”), including, without limitation, (a) determining the feasibility of wind energy conversion and other power generation on the Property, including studies of wind speed, wind direction and other meteorological data, and extracting soil samples; (b) constructing, laying down, installing, using, replacing, relocating and removing from time to time, and maintaining and operating, wind turbines, overhead and underground electrical and communications lines (“Collection/Transmission Facilities”), electric transformers, energy storage facilities, telecommunications equipment, power generation facilities to be operated in conjunction with large wind turbine installations, roads, meteorological towers and wind measurement equipment, and related facilities and equipment (collectively “Wind power Facilities”) on the Property; (c) overhanging rotors of wind turbines installed on adjacent land; (d) capturing, using, and converting unobstructed wind resources over and across the Property; (e) wind turbine operations, including electromagnetic, audio, flicker, visual, view, light, noise, vibration, air turbulence, wake, electrical, radio interference, shadow and other effects attributable to wind turbines; and (f) undertaking any other activities, whether accomplished by Grantee or a third party authorized by Grantee, that Grantee reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing, including without limitation, exercising the right of ingress to and egress from Windpower Facilities (whether located on the Property, on adjacent property or elsewhere) over and across the Property by means of roads and lanes thereon if existing, or otherwise by such route or routes as Grantee may construct from time to time (“Access Rights”).
Project. The Parties acknowledge and agree that the Property, together with the other property included in the Project, will be interrelated and integrated in the operation of one or more larger wind energy conversion projects. The easements and other rights granted herein are an integral part of each Project. So long as any Windpower Facilities in a Project are in commercial operation, the Property shall be deemed to be in commercial operation, notwithstanding whether Windpower Facilities are actually installed upon the Property. Grantee may determine whether any particular group of Windpower Facilities constitutes a single Project or multiple Projects for purposes of this Agreement, and in the case of multiple Projects, which portion of the Property shall be included within each Project.
Download original document: “Agreement Regarding Easements – Diamond Trail Wind Energy”