Neighbour Deed, Palmer Wind Farm, South Australia
Author: Trustpower Australia Holdings
Landowner Activities means:
a) agricultural activities undertaken by You from time to time, including sheep farming, cattle farming, dairy farming, deer farming, horticulture, viticulture and any type of pastoral farming, annual rotation cropping in respect of crops to be harvested for the production of food and fodder products and other such products of the soil and all activities normally incidental thereto;
b) the use of Compliant Dwellings on the Land that:
i. existed as at the date of this Deed; or
ii. in relation to which We have provided our written consent; and
c) such other activities consented to by Us in writing,
but excluding the building, erecting or placing of, or permitting the building, erecting or placing of, any Dwelling within two (2) kilometres of a Wind Turbine or a Proposed Wind Turbine from the date of this Deed, other than where such Dwelling has been consented to by Us in writing (such consent not to be unreasonably withheld, unless such Dwelling will adversely affect the operation or development of the Wind Farm). …
Neighbouring Turbine means a Wind Turbine that is constructed from time to time and is part of the Wind Farm, that is within:
a) 1 kilometre of the Land; or
b) 2 kilometres of a Compliant Dwelling constructed on the Land as at the date of this Deed. …
Term means the period commencing on the date of this Deed and ending on the earlier of:
a) the termination of this Deed by You or Us; and
b) the date that is 60 years after the date of this Deed.
a) [11.1] This Deed may be terminated at any time by Us on not less than three calendar months’ notice in writing to You. However no monies paid in advance shall be repaid or demanded to be repaid. If this Deed is terminated by Us pursuant to this clause, We agree, for a period equivalent to the remainder of the Term, had We not terminated this Deed, to not construct a Wind Turbine within 1 kilometre of the boundary of the Land or within 2 kilometres of a Compliant Dwelling constructed on the Land as at the date of this Deed.
b) [11.1] This Deed may be terminated by You by providing written notice to Us:
i. If the Development of the Wind Farm by Us has not commenced by the date that is 10 years after the date of this Deed; or
ii. If We remove the Neighbouring Turbines for any reason and do not replace them with Neighbouring Turbines within a reasonable time.
Wind Turbine means the equipment which converts wind energy into electricity, consisting (among other parts) of one or more piers or foundations, a tower, transformer, nacelle, electronic control equipment and a rotor with blades.
Windpower Equipment means all wind driven electricity generation equipment and facilities used in the exploitation of wind to produce electricity including but not limited to Wind Turbines, conductors, terminals, supply points, overhead and underground electrical transmission or distribution lines, transmission or distribution line towers, poles, pylons, electric transformers, power (including solar power) generation facilities to be operated in conjunction with Wind Turbine installations, meteorological towers and wind measurement equipment, meters and other monitoring and safety devices, maintenance yards, and all other ancillary facilities and equipment which We consider necessary or desirable for the wind driven generation transmission and distribution of electricity.
Windpower Facilities means all Windpower Equipment installed or placed on the Wind Farm Land from time to time or other land connected with the Wind Farm which may be used for production of wind generated electricity. …
What You agree to do
You acknowledge and agree that during the Term:
a) We will be conducting Wind Farm Operations o n the Wind Farm Land; and
b) You will comply with the Landowner Undertakings (as described in Schedule 1).
In designing or constructing the Wind Farm, We agree to not locate a Wind Turbine within 1 kilometre of any Compliant Dwelling on the Land as at the date of this Deed.
Schedule 1: Landowner Undertakings
Part A – Non-Objection Undertakings
i. [b] You will not at any time make any objection or permit or assist any objection to be made by any occupier of the Land in relation to
any Wind Farm Operations whatsoever conducted or to be conducted on the Wind Farm Land;
ii. without limitation, neither You nor any occupier of the Land is to be party to or otherwise concerned or interested in any proceedings before any court, tribunal or registered agencies, public or governmental authority (including being party to a Claim against Us or any other person in respect of any Wind Farm Operations) if such proceedings or Claim are likely to have the effect of preventing Us from conducting Wind Farm Operations on the Wind Farm Land, limiting such operations or imposing any conditions on the conduct of such operations; and
iii. without limiting the generality of clauses (b)(i) or (b)(ii) of Part A of this Schedule, You will not at any time make or permit or assist any Claim in relation to or objection against anything incidental to the Wind Farm Operations conducted on or from the Wind Farm Land.
Part B – Construction Undertakings
… Your activities on the Land, must not interfere with the construction, installation, erection, maintenance, operation or replacement of the Windpower Equipment on the Wind Farm Land, or the conduct of the Wind Farm Operations on the Wind Farm Land. … You must not interfere or permit interference with the wind speed or wind direction over the Land, whether by placing wind turbines, planting trees or constructing buildings or other structures, or by engaging in or permitting any other activity on the Land that might cause a decrease in the output or efficiency of Our Windpower Facilities on the Wind Farm Land. …
Schedule 2: Fees
We will pay You within one month of the date of this Deed a one off fee of $1,000.
During the period beginning on the date that is one year after the date of this Deed and ending on the earlier of the end of the Term and the date that there are one or more Neighbouring Turbines, We will pay You in advance and within one month of each 1 July, an annual fee of $500 (Pre-Construction Fee).
We will pay You in advance and within one month of the start of each financial year (1 July to 30 June) for each financial year period during the Term (or part thereof) that there are one or more Neighbouring Turbines, a fee calculated in accordance with the following formula:
Annual neighbour fee payment (Neighbour Fee) = $2,500 plus $100 per Neighbouring Turbine (without double counting Wind Turbines that satisfy multiple criteria of the definition of ‘Neighbouring Turbine’).
The Neighbour Fee will be subject to CPI Adjustment.
Schedule 4: Letter of No Objection
… Given the proximity of the Land to the Wind Farm, I was approached by Trustpower in relation to entering into a ‘Neighbour Deed’, which I subsequently entered into with Trustpower (Neighbour Deed).
Prior to the date of this Letter of No Objection, Trustpower outlined the location of the wind turbines comprising the Wind Farm, with respect to my Land. Trustpower explained the impact that those wind turbines would have on my use and enjoyment of my Land.
Subject to the wind turbines comprising the Wind Farm being more than 1 kilometre from any dwelling constructed on the Land (as at the date of this Letter of No Objection):
- I agree to not take any action that will cause detriment to the development, construction or operation of the Wind Farm; and
- I agree to not object to the establishment, operation, maintenance or use of the Wind Farm or activities related or incidental to the Wind Farm.
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