New solar regulations that regulated who can mount, locate, fix or remove solar panels in a solar farm of 100kW or greater have been disallowed by the Queensland Supreme Court.
The Electrical Safety (Solar Farms) Amendment Regulation 2019 (Qld) was pushed through the Queensland Parliament a couple of weeks ago. Under the provisions of Section 73A “Work involving PV modules at solar farms”, the legislation required the use of licensed electrical workers to locate, mount, fix or remove solar panels in situations where projects are 100kW capacity or greater.
According to a solar industry spokesperson, this was a task previously carried out by trained labourers and trades assistants – and widely considered low risk as it is a mechanical task with no electrical work involved. The same “risk” exists whether a system is 99kW or 101kW.
READ RELATED CONTENT
- Solar farm safety ramps up in Queensland
- Submersible pump importer receives $1.2M fine
- Do mining companies sput safety before productivity?
As well as impacting the development of solar farms, the rule also had implications for large rooftop commercial solar power projects and was estimated by the Queensland solar industry to have added 10-20 per cent to the cost of commercial solar installations statewide.
Additional costs and demand for suitably qualified workers required by the rule change may have increased delays to a range of existing projects.
The Queensland Government’s rationale for implementing the rule was safety related. The Clean Energy Council has previously stated:
“It would be virtually impossible to electrocute yourself by handling an unconnected panel … You’re at greater risk from plugging in a toaster at home.”
The safety issue aside, the CEC says Justice Bradley declared the amendment regulation Section 73A to be beyond the regulation-making powers of Queensland’s Electrical Safety Act.
As well as Justice Bradley, the commercial and large-scale solar energy sector has Maryborough Solar and its backers thank for the ruling, along with supporters in the effort including the Clean Energy Council. Maryborough Solar, which owns Brigalow Solar Farm near Pittsworth in southern Queensland, was the party to bring the challenge before the Supreme Court.
While the ruling was described by the Clean Energy Council as a victory for common sense, it shouldn’t have come to this.
“The solar industry recognises that safety is paramount, but this new regulation did nothing to improve the safety of workers and was not justified by the government’s own safety data,” stated Anna Freeman, the Clean Energy Council’s Director – Energy Generation. “Any future changes should be formulated in consultation with the industry and all relevant stakeholders, and should be based on evidence.”
The Queensland Industrial Relations Minister Grace Grace has announced the State Government will lodge an appeal against the ruling.
Read more Mining Safety News
Add Comment