Wednesday, 4 October 2023

Bills

Planning and Environment Amendment (Soil Protection) (Solar Power Generation Facilities) Bill 2023

Statement of compatibility

Rikkie-Lee TYRRELL (Northern Victoria) (09:54): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, I make this statement of compatibility with respect to the Planning and Environment Amendment (Soil Protection) (Solar Power Generation Facilities) Bill 2023.

In my opinion the Planning and Environment Amendment (Soil Protection) (Solar Power Generation Facilities) Bill 2023, as introduced to the Legislative Council, is compatible with the human rights protected by the Charter Act. I base my opinion on the reasons outlined in this statement.

The Bill will legislate the preexisting solar energy power generation facility siting considerations, as per the Solar Energy Facilities Design and Development Guideline, October 2022.

This bill does not cause limitation to, or loss of any rights within the charter.

I consider that the Planning and Environment Amendment (Soil Protection) (Solar Power Generation Facilities) Bill 2023, is compatible with the Charter Act because it does not raise any human rights issues.

Second reading

Rikkie-Lee TYRRELL (Northern Victoria) (09:55): I move:

That the bill be now read a second time.

It is with great honour that I introduce this timely bill on behalf of all current and future affected Victorian communities.

The Planning and Environment Amendment (Soil Protection) (Solar Power Generation Facilities) Bill 2023 is relevant and necessary.

As the title suggests, the bill primarily seeks to protect the vital soils that provide us with some of the best produce in the country to ensure that this land remains viable, productive agricultural land – also, to ensure that we don’t create a domestic and environmental catastrophe. Large swathes of land currently under proposal for solar energy generation facilities lie firmly within bushfire-prone areas and overlays. The concern here is that some of these harbour the additional danger of being in domestic water catchment supply areas.

Currently, the CFA’s ‘standard operational procedures’ on the very real potential for future bushfires within solar energy generation facilities don’t address this particular issue. I have previously raised concerns with the Minister for Emergency Services in this chamber about the lack of standardised training within the CFA on the potential for photovoltaic panel and battery ignition.

The minister did provide a fair response. However, since then, I’ve spoken to numerous CFA volunteers who have indicated that they are yet to receive any training and that their current ‘actions on’ for a solar farm fire will consist of disconnecting the mains power from the grid and doing their best to prevent the fire escaping the area, not actually extinguishing the blaze.

Burning or melting solar cells contain the carcinogens of cadmium telluride and gallium arsenide, raw lead, as well as the potentially lethal phosphorous. Inhalation of these toxic nanoparticles causes silicosis of the lungs and is recommended to be treated with the same precautions as asbestos. There is no intention to put the lives of firefighters at risk by trying to extinguish the burning infrastructure and base components in this scenario, and rightly so.

In the case of the proposed Meadow Creek solar farm in Bobinawarrah, this particular proposal seeks to cover 566 hectares of land, comprising portions of Wangaratta’s domestic water catchment supply, bushfire-prone overlays and flood zones and is land that has previously been earmarked as ‘strategic agricultural land’ in the Hume Regional Growth Plan.

Local communities within the highly productive King Valley, Milawa gourmet region and many others across the state have genuine concerns that portions of land are at risk.

Apart from the loss of vital irrigatable land, the threat implied here is that toxic lead and cadmium leaching out of burnt cells, soaking into catchment areas and groundwater, will irreversibly damage plants and detrimentally impact entire communities’ domestic water supplies. All of this is outside of the risks associated with melting lithium batteries within these facilities.

I’m not against solar power generation per se. This is just one example that I’ve used to illustrate the potential risks of a single-minded approach. Also, I give credit where credit is due. The consideration in this circumstance to utilise pre-existing powerline infrastructure is commendable. I simply believe that it’s prudent for us here in this place to slow down and make measured, responsible decisions that encapsulate all factors relating to the government’s desire for a diverse energy mix.

There are other locations in Victoria that are suitable for solar power generation facilities, ones that neither require additional infrastructure nor fall within the noted categories that this bill seeks to protect.

This brings me to the how this bill seeks to achieve its primary objective. As implied in the Department of Environment, Land, Water and Planning Solar Energy Facilities: Design and Development Guidelines, October 2022, the ideal siting considerations for these facilities should exclude land that the responsible authority considers agricultural land, land that is a water supply catchment area, land that is bushfire-prone land or land that is an area of land liable to flooding. To exclude any area of land on the determination that it meets two or more of these criteria is not unreasonable; it is in fact vital in order to ensure soil protection and food security for future generations. This bill simply seeks to legislate the pre-existing siting considerations for solar energy generation facilities.

I commend this bill to the house.

Lee TARLAMIS (South-Eastern Metropolitan) (10:00): I move:

That debate on this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.