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Law group questions wind farm gag clauses  

Credit:  ABC Ballarat, www.abc.net.au 8 March 2011 ~~

The Law Institute of Victoria says contractual clauses that prevent people near wind farms from talking publicly about health problems may not be legally enforceable.

The medical director of the Waubra Foundation, Dr Sarah Laurie, yesterday told the ABC she has seen copies of contracts between landowners and wind energy companies that contained the so-called gag clauses.

The wind industry says the clauses do not exist.

The institute’s president-elect, Michael Holcroft, says courts consider the public interest when ruling on contracts.

“They could certainly put it into a contract but whether it’s enforceable or not is another issue,” he said.

“Normally when courts consider whether they will enforce contracts they take into account a public purpose and public interest component, so if a contract so offended the public interest, they probably wouldn’t enforce it.”

Source:  ABC Ballarat, www.abc.net.au 8 March 2011

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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