Trustpower Australia Holdings
Landowner Activities means:
but excluding the building, erecting or placing of, or permitting the building, erecting or placing of, any Dwelling within two (2) kilometres of a Wind Turbine or a Proposed Wind Turbine from the date of this Deed, other than where such Dwelling has been consented to by Us in writing (such consent not to be unreasonably withheld, unless such Dwelling will adversely affect the operation or development of the Wind Farm). …
Neighbouring Turbine means a Wind Turbine that is constructed from time to time and is part of the Wind Farm, that is within:
Term means the period commencing on the date of this Deed and ending on the earlier of:
Wind Turbine means the equipment which converts wind energy into electricity, consisting (among other parts) of one or more piers or foundations, a tower, transformer, nacelle, electronic control equipment and a rotor with blades.
Windpower Equipment means all wind driven electricity generation equipment and facilities used in the exploitation of wind to produce electricity including but not limited to Wind Turbines, conductors, terminals, supply points, overhead and underground electrical transmission or distribution lines, transmission or distribution line towers, poles, pylons, electric transformers, power (including solar power) generation facilities to be operated in conjunction with Wind Turbine installations, meteorological towers and wind measurement equipment, meters and other monitoring and safety devices, maintenance yards, and all other ancillary facilities and equipment which We consider necessary or desirable for the wind driven generation transmission and distribution of electricity.
Windpower Facilities means all Windpower Equipment installed or placed on the Wind Farm Land from time to time or other land connected with the Wind Farm which may be used for production of wind generated electricity. …
What You agree to do
You acknowledge and agree that during the Term:
Our agreement
In designing or constructing the Wind Farm, We agree to not locate a Wind Turbine within 1 kilometre of any Compliant Dwelling on the Land as at the date of this Deed.
Part A – Non-Objection Undertakings
Part B – Construction Undertakings
… Your activities on the Land, must not interfere with the construction, installation, erection, maintenance, operation or replacement of the Windpower Equipment on the Wind Farm Land, or the conduct of the Wind Farm Operations on the Wind Farm Land. … You must not interfere or permit interference with the wind speed or wind direction over the Land, whether by placing wind turbines, planting trees or constructing buildings or other structures, or by engaging in or permitting any other activity on the Land that might cause a decrease in the output or efficiency of Our Windpower Facilities on the Wind Farm Land. …
Signing Fee
We will pay You within one month of the date of this Deed a one off fee of $1,000.
Pre-Construction Fee
During the period beginning on the date that is one year after the date of this Deed and ending on the earlier of the end of the Term and the date that there are one or more Neighbouring Turbines, We will pay You in advance and within one month of each 1 July, an annual fee of $500 (Pre-Construction Fee).
Neighbour Fee
We will pay You in advance and within one month of the start of each financial year (1 July to 30 June) for each financial year period during the Term (or part thereof) that there are one or more Neighbouring Turbines, a fee calculated in accordance with the following formula:
Annual neighbour fee payment (Neighbour Fee) = $2,500 plus $100 per Neighbouring Turbine (without double counting Wind Turbines that satisfy multiple criteria of the definition of ‘Neighbouring Turbine’).
The Neighbour Fee will be subject to CPI Adjustment.
… Given the proximity of the Land to the Wind Farm, I was approached by Trustpower in relation to entering into a ‘Neighbour Deed’, which I subsequently entered into with Trustpower (Neighbour Deed).
Prior to the date of this Letter of No Objection, Trustpower outlined the location of the wind turbines comprising the Wind Farm, with respect to my Land. Trustpower explained the impact that those wind turbines would have on my use and enjoyment of my Land.
Subject to the wind turbines comprising the Wind Farm being more than 1 kilometre from any dwelling constructed on the Land (as at the date of this Letter of No Objection):
Download original document: “Neighbour Deed, Palmer Wind Farm, South Australia [1]”
URL to article: https://www.wind-watch.org/documents/neighbour-deed-palmer-wind-farm-south-australia/
URLs in this post:
[1] Neighbour Deed, Palmer Wind Farm, South Australia: https://docs.wind-watch.org/SA-Neighbour-Deed.pdf