The Australian Energy Infrastructure Commissioner has a sole focus on receiving complaints about wind, solar, pumped hydro, battery and power line projects among others.

If you have been affected by a project underway or even one that is proposed you need to submit a complaint by following the steps at https://www.aeic.gov.au/making-a-complaint

Transcript

Chair: Senator Roberts.

Senator Roberts: Thank you for being here this morning. I understand one of my staff called you yesterday?

Mr Dyer: Yes.

Senator Roberts: He had a very pleasant talk. Thank you very much for opening the door. Is it accurate to say that you are the national commissioner for complaints about wind and solar projects?

Mr Dyer: I’d like to characterise it as the ombudsman of first and last resort. If you have a concern about a powerline, a wind farm or whatever that might be in our jurisdiction and you don’t know how to get it solved, you can come to us and we’ll figure out the right process to get the concern addressed.

Senator Roberts: When you say ‘you’, that was used in a colloquial sense. This is open to any citizen in Australia?

Mr Dyer: Yes. We’re a national service and we get complaints from around the country.

Senator Roberts: That’s wonderful to hear. So anyone who has a complaint about wind projects, solar projects, batteries or transmission can make a complaint to you?

Mr Dyer: Yes. If you go to our website, which is aeic.gov.au, the second or third tab along says ‘making a complaint’. There’s the process, the form and the policy. You can call us, you can mail us, you can email us or you can arrange to meet with us.

Senator Roberts: How many are in your office? I understand you have a small office.

Mr Dyer: We’re a very efficient team.

Senator Roberts: I wasn’t being critical.

Mr Dyer: We have, I think, five people.

Senator Roberts: And you’re meant to take care of people’s complaints about solar and wind. And you work with the state government, with the federal government, with private entities?

Mr Dyer: Yes.

Senator Roberts: Thank you.

Mr Dyer: The respondent is usually the developer to a concern. But sometimes it’s a planning process or an EPBC issue. It’s not always the developer, but usually that’s the case.

Senator Roberts: So it could get pretty complex?

Mr Dyer: Yes. We’ve had some of them going for a long time, but we get through them.

Senator Roberts: Can you perhaps talk a bit more about what you can do for someone who has a complaint that you can look at, because people are not aware. Talk to everyday Australians.

Mr Dyer: I don’t have the budget for a front page ad in the Sydney Morning Herald. But people do find us. If you’ve got constituents who have concerns, we should talk about how they can come to us. The best thing to do is promote our website, and that has all of the details. Typically our process is that, if we get a complaint, we’ll do some research on the project and the proponent, and what is going on. If we don’t already know the proponent, and in many cases we do, we will go and get a briefing or open the door, and sometimes the complainant is known to the proponent. Often they’re not known, and so we’re able to build and bridge a relationship between the complainant and the proponent to work through whatever the concerns are. Many concerns are solved by just provision of factual information. It’s often a misunderstanding or misperception that has caused them to come to us.

Senator Roberts: I certainly agree with that. I would like to ask whether you’ve received any complaints in relation to the proposed Eungella or Burdekin Pioneer pumped hydro project in the hinterland near Mackay and the proposed Borumba Dam pumped hydro and the transmission lines around Widgee, which is near Gympie in Queensland.

Mr Dyer: No.

Senator Roberts: Not any?

Mr Dyer: No.

Senator Roberts: There’s a massive community movement in both cases.

Mr Dyer: Then feel free to connect them to us and we’ll work through it.

Senator Roberts: Okay. It’s shocking to me that, in both of those projects, it appears there has been an appalling level of community consultation. This is entirely from the Queensland government. In Eungella, for example, people who were going to have their houses compulsorily resumed and flooded for the new pumped hydro dam found out via media release. Then they found out that they couldn’t get loans for their business, renovations or sell their house, because their land is now jeopardised. Transmission lines for the Borumba project near Gympie are currently proposed over prime agricultural land, which would be again compulsorily resumed despite the community pointing out that there are state-owned land corridors available nearby. Does this lack of consultation sound like it meets the needs for best practice that your office would recommend?

Mr Dyer: We find that most proponents need help in some way, shape or form. I did have a look last night at the Queensland hydro website, and it didn’t jump out to me how you might make a complaint, for example. So, it’s possible that we may need to help them get their complaint process in place. We’ve had to do that with all the TNSPs, and help them get that in place, and the policies put in place, make it transparent on the project website, and away they go.

Senator Roberts: Thank you. What does the best practice consultation look like?

Mr Dyer: It’s a long topic, but it’s about knowing who your stakeholders are and being fairly well advanced in your thinking about what you’re trying to do. If I reflect on a call I had last night, it’s don’t go about it in secret. We often get developers that want to have one-on-one discussions with the landholder to sign them up for hosting the wind farm or the solar farm and say, ‘This is very confidential. We can’t let you talk to your neighbours.’  Before the developers leave the front gate, the whole street knows what the deal is.

Senator Roberts: And they know that these guys are wanting to cover it up?

Mr Dyer: Yes.

Senator Roberts: Which doesn’t build trust.

Mr Dyer: Yes.

Senator Roberts: To build trust, developers need to listen first and then talk once they understand people’s needs?

Mr Dyer: Yes. It’s, for want of a better word, not a crude word, it’s a professional sales role that they’re in. But it’s got to be done with ethics and transparency and thinking like a landholder will think—how you go about matters.

Senator Roberts: I’ve been up to both projects, but already there are many constituents who are saying that this will never be built. It’s just going to do enormous damage. It’s just the Queensland government diverting attention in the media and in the community from serious problems like the Mackay Base Hospital. That straightaway has destroyed any trust in that community.

Mr Dyer: It sounds like they might need some help, so I’ll approach the chair and we’ll start the process.

Senator Roberts: We’ll get your website and your name and we’ll send it to—

Mr Dyer: I’ve got a card here for you. You can take that after the session.

Senator Roberts: I’m intrigued about bonds on solar and wind generators. In the coal industry, for every acre that a surface mine uncovers the coal company has to provide a bond to the government, and then it doesn’t get that bond back until the land is fully reclaimed. Sometimes the reclaimed land is far more productive and far cleaner than the original scrub. What is the bond on solar and wind generators?

Mr Dyer: It’s up to the commercial arrangement between the landholder and the proponent. It’s no different from you owning the milk bar as a commercial landlord down the main street of town. If the tenant defaults and leaves the building, you’re stuck with the bain-marie.

Senator Roberts: So, without a bond, at the end of life, solar and wind generators can just walk away from it? Where are the funds to ensure remediation?

Mr Dyer: Some landholders are quite savvy, and I have seen everything from bank guarantees to bonds being in place, but it’s not across the board. That’s not to say it’s not happening and not being done, but it needs to be a standard practice.

Senator Roberts: There is a standard in the coalmining industry, but there’s no standard in the solar and wind industry?

Mr Dyer: It’s something I’ve advocated for a long time. It’s in section 8 of my report in appendix A, that is, the need to have licensed developers accredited to have the skills to carry out the process, as we are doing in offshore wind, and also that the area being prospected has been sanctioned ahead of time.

Senator Roberts: I want to put on the record that I appreciate Mr Dyer’s frank and complete comments and his openness. It’s much appreciated. Thank you.

Chair: I think we would all agree.

Mr Dyer: Thank you.