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Outback astronomers lodge appeal against Hydrostor's $1b energy storage project

Outback astronomers lodge appeal against Hydrostor's $1b energy storage project

A nearly $1 billion energy storage venture has hit a roadblock after an astronomy tourism business lodged a court appeal against the New South Wales government's decision to approve the outback project.
In February, the NSW government approved Canadian company Hydrostor's 200-megawatt Advanced Compressed Air Energy Storage (A-CAES) project on the outskirts of Broken Hill as a State Significant Development (SSD) application.
Linda and Travis Nadge own the tourism business Outback Astronomy, approximately 1.1 kilometres from the project, and lodged an appeal in the Land and Environment Court stating the project adversely impacts its business operations.
In court documents obtained by the ABC, the Nadges said there is no agreement between them and Hydrostor addressing the noise levels at its address.
The pair also said the project did not sufficiently identify lighting impacts, and that the environment impact statement and lighting impact assessment do not provide "any assessment of the light disturbance conducted at night".
They say the Outback Astronomy business requires, over the course of a 30-day lunar cycle, three weeks of a dark, moon-free black sky to run its sky shows.
Their other events require a moonlit sky to work.
The pair also claim the environmental impact statement did not have a construction environmental management plan (CEMP) and therefore the project does not comply with EPA Act or key EPA regulations.
In total, the Nadges made nine contentions in their 18-page statement, which was lodged in the NSW Land and Environment Court on May 16.
They also contended the project did not meet zone objectives or have adequate essential services, in addition to lacking landowners' consent and detail on the development layout.
Overall, the statement said, there was insufficient material to assess the application.
Hydrostor lodged a response on June 16 and the NSW government on July 3, respectively.
In response to noise concerns, a lawyer acting for the minister for planning and public spaces stated that the noise impacts on the Nadges were "assessed to comply with the NSW Noise Policy for Industry".
Both the minister and Hydrostor denied the Nadges' contention regarding lighting impact.
Both respondents' lawyers rejected the need for a CEMP, stating the project complied with the Planning Secretary's Environmental Assessment Requirements (SEARs).
"It amounts to a contention that the minister's delegate did not have the jurisdiction to determine the SSD application, which is not a matter that is appropriate to be dealt with in this court's class 1 jurisdiction and is in an event denied," the minister wrote.
As part of their statements of facts, the Nadges contend a residence adjacent to the project and across the highway from the Outback Astronomy business would also have adverse noise impacts from the project.
In its reply, a lawyer for the state government alleged the residence was "unlawfully occupied" on land legally owned by the NSW government, and the residence had been constructed without "development approval".
A day-long conciliation conference for the parties is scheduled for August 21.
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