Thackeray v. Shire of South Gippsland
Side A: S. Garito & Ors. (Individual)
Side B: Shire Council of Gippsland (Government)
Permission to develop windfarm despite adverse local impacts
Local residents challenged the grant of permission to develop a 12-turbine windfarm on various grounds, ranging from visual flicker to the interaction of residual electromagnetic waves with radio and microwaves. The Tribunal considered evidence about each, including expert testimony on several issues, before determining that the grant of permission should be upheld. As the Tribunal explained, its decision was the result of a balancing of interests and considerations, including the difficulty of locating physical circumstances that are both well-suited to the emplacement of turbines and accessible to a branch of the electricity grid.