Grace Grace.
Queensland’s state government is appealing a Supreme Court of Queensland judgement to invalidate state regulations introduced on May 13 relating to solar farms.
The government is also applying for a stay of the decision pending the outcome of the appeal so that while the technical legal matters are resolved, the safety measures that form the regulations are maintained, industrial relations minister Grace Grace says.
Solar farms supply renewable electricity for homes and businesses, encouraging EV charging.
The controversial solar rule change for projects 100kW and over was declared invalid by the court following a legal challenge by a solar farm developer amid claims consultation was inadequate and the move would add more cost and delays.
Key to the challenge was an electrical safety (solar farms) amendment regulation 2019 requiring licensed electrical workers to mount and fix solar panels. The job has previously been done by trained labourers and trades assistants as it was considered a mechanical task with no electrical work involved and therefore low risk.
Grace says the appeal is based on legal technicalities and has nothing to do with the safety argument.
The regulations were developed following advice from Crown Law and drafted by the Office of Queensland Parliamentary Counsel, which was the general process for the introduction of all regulations, Grace adds.
“We introduced these regulations following advice from an expert panel, including the Electrical Safety Commissioner, to ensure Queensland has the highest-possible electrical safety standards for its rapidly-growing solar electricity generation industry.
“When it comes to electrical safety there are no second chances. The safety of workers in this industry was the government’s motivation for developing these regulations and remains our motivation for appealing the decision.”
Electrical Safety Commissioner Greg Skyring welcomes the government’s decision to appeal.
“The Supreme Court decision deals with technical legal issues in relation to the new regulations,” he says.
“However, I remain concerned about the safety risks workers installing solar panels at these large-scale solar electricity generating farms face, such as electrical shock and fire. Contrary to some of the commentary I’ve seen in the media, these risks are very real and very serious and they need to be addressed.”
