Independent Senator Nick Xenophon thinks councils could face legal action over wind farm developments.
Senator Xenophon says he has had legal advice councils could get caught up in action taken against wind farm developers if the councils have approved a development application.
He think it is inevitable a resident adversely affected by a wind farm will sue.
“If they sue for nuisance, if council has a role in passing such a development application for a wind farm and people are adversely affected there could well be a potential court case that could impact on a council directly in terms of being a potential party,” he said.
Senator Xenophon warned all levels of government needed to heed concerns expressed by the National Health and Medical Research Council about wind farms.
“I think it should be a warning sign to every local government body that has to consider wind farms and more particularly for state governments that set the guidelines and also for the Federal Government that subsidies these things to the tune of hundreds of millions of dollars each year,” he said.