Robbins Island Wind Farm greenlit after eight-year delay, highlighting need for reforms

This approval, subject to 88 conditions imposed by minister for the environment and water Murray Watt, marks the end of a long and arduous approval journey, with construction expected to commence in 2027.

Robbins Island is a 9,860 hectares (ha) island off the north-west coast of Tasmania and the site of ACEN Australia’s project, the Robbins Island Renewable Energy Park.

ACEN’s original application was submitted in 2017, which proposed the construction of up to 200 wind turbine towers, connected to the mainline via overhead lines, and a small 20 megawatts (MW) solar farm, alongside ancillary infrastructure that included a wharf, substation, network of roads and a bridge from mainland Tasmania to Robbins Island.

Wind monitoring shows Robbins Island is a “world-class wind resource”, with the capacity to generate between 400-1000MW of wind energy annually. Notably, Robbins Island is on the migratory path for orange-bellied parrots, an endangered species under the Threatened Species Protection Act 1995 (Tas).

Local approval

In 2019, ACEN varied its application to exclude the solar project and relocate the transmission cables to underground rather than overhead.

In December 2022, Environmental Protection Agency (EPA) Tasmania produced its final ecological assessment report (EAR), which recommended that ACEN’s application be accepted with conditions. In February 2023, the Circular Head Council approved ACEN’s proposal subject to the suggested conditions found in the EAR.

In March 2023, six appeals were lodged with the Tasmanian Civil & Administrative Tribunal (TASCAT), which were heard together: one appeal by ACEN that challenged some conditions of the approval, and five appeals by third parties challenging the granting of the permit.

ACEN’s appeal concerned two of the conditions imposed by the Circular Head Council: firstly, that the wind farm would shut down for five months of every year to protect the orange-bellied parrot; and secondly, a condition specifying the dimensions of the 74 turbines being constructed at a maximum height of 270m and 122 wind turbines at a maximum height of 180m.

The issues surrounding the dimensions of the wind turbines was resolved between ACEN and Circular Head Council by amending the condition to allow 100 wind turbines at a maximum height of 212m. The condition concerning the orange-bellied parrots was deemed to be “not proportionate to the risk and not reasonable or necessary” and Circular Head Council was directed to remove it in November 2023 by TASCAT, with all five appeals regarding the granting of the permit ultimately dismissed.

In March 2024, EPA Tasmania lodged an appeal in the Supreme Court of Tasmania regarding its inadvertent failure to consider state coastal policy. Specifically, EPA Tasmania argued that it had not considered a proposed wharf to be constructed on a frontal dune, which would contravene Outcome 1.4.2 of the Tasmanian State Coastal Policy 1996 (Tas), resulting in its advice in the EAR and to the council being misguided. The Circular Head Coastal Awareness Network joined these proceedings as an applicant on similar grounds.

In December 2024, the Validation (State Coastal Policy) Act 2024 (Tas) (Validation Act) commenced. Under this Act, approvals for certain actions under the Environment and Management Control Act 1994 that did not comply with the state coastal policy from April 2003 to present were approved. This included ACEN’s proposal, which did not comply with outcome 1.4.2 of the state coastal policy. EPA Tasmania withdrew from the Supreme Court of Tasmania proceedings as a result and the appeal led by the Circular Head Coastal Awareness Network was dismissed in February 2025.

Federal approval

In December 2022, the federal government issued the first of six extensions to the time it had to determine ACEN’s application, ultimately prolonging the minister’s deadline from December 2022 until August 2025.

In July 2024, the Australian Coastal Society (ACS) wrote to the then minister for the environment and water, alleging that the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) had been contravened. ACS asserted that EPA Tasmania had failed to properly advise ACEN of its obligation to comply with the state coastal policy or consider such an obligation itself, and in so doing, the EAR provided by EPA Tasmania was fatally flawed by ignoring a “critical component of the State Coastal Policy”. ACS argued that EPA Tasmania’s error undermined the bilateral agreement between the federal government and Tasmania that meant the federal government could rely on the accuracy of EPA Tasmania’s EAR.

On 28 August, Watt determined that the bilateral agreement between the federal government and Tasmania had not been contravened. The same day, Watt approved the Robbins Island Renewable Energy Park Project, subject to 88 conditions that, among other things, impose strict obligations on ACEN to carry out preventative measures to mitigate population loss of endangered species.

The wider landscape

The proposed St Patricks Plains Wind Farm, which is located approximately 100km north of Hobart and 25km north of Bothwell, Tasmania, remains in development. The project was initially granted a planning permit by Central Highlands Council in July 2024 following a full EIS process. The project includes 47 wind turbines with a maximum generating capacity of 300MW as well as a BESS.

In August 20205, the Tasmanian Civil and Administrative Tribunal rejected a merits appeal commenced by the No Turbine Action Group Inc on noise and visual impact grounds and upheld the planning permit subject to some updates to the conditions. The project is currently awaiting determination of its application for approval under the EPBC Act. The proponent of the project, a related body corporate of Ark Energy, has indicated that the project is expected to commence construction in the first half of 2025.

Last week, TASCAT approved the St Patricks Plains Wind Farm with conditions, rejecting a challenge by the No Turbines Action Group on noise and height grounds. The project is still awaiting a decision from the federal government.

These governmental delays occur in the context of major reforms to the EPBC Act due to be introduced to parliament later this year. In its interim report, published on 3 August, the Productivity Commission made key recommendations regarding the approvals process under the EPBC Act, including the introduction of a dedicated team and an independent clean energy coordinator-generator to assess priority clean energy projects, such as the St Patricks Plains Wind Farm and the Robbins Island Renewable Energy Park.

The federal government has also committed to establishing a national EPA, bringing the regulatory functions of Australia’s national environmental laws under the umbrella of one independent organisation. The passage of such reforms could see a major boost in productivity for the energy sector as the push to net-zero continues.

Watt highlighted these impending changes, stating that “there is very strong support, across business, environment and community representatives, for serious and urgent reform to delivery stronger environmental protections, faster and simpler project approvals and greater transparency in environmental regulation”.

The EPBC Act reforms are due to be introduced to parliament in the sitting week commencing 24 November.

Co-written by Miranda Frith of Pinsent Masons.