Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery) (15:38): by leave—I incorporate an answer from Senator Conroy to a question without notice from Senator Madigan. The answer read as follows-- SENATOR CONROY: On 22 August 2012 during question time, Senator Madigan asked me three questions as Minister representing the Minister for Sustainability, Environment, Water, Population and Communities concerning the Bald Hills Wind Farm, Victoria. QUESTIONS Question 1 In light of the fact that there is Commonwealth approval for the construction of the Bald Hills wind farm in the midst of a high conservation value bird sanctuary and wetlands area, home to 296 species of birds, 45 of which are listed in the Japan-Australia Migratory Bird Agreement, 40 of which are listed in the China-Australia Migratory Bird Agreement and three listed in the Bonn convention, this means that Australia is now in breach of our international obligations to protect those birds, their environment and habitats as per the relevant articles in those agreements. Will the minister advise what actions are being taken to call in this project, remove Commonwealth approval and bring Australia into compliance with our international obligations? Question 2 As the conditions of approval agreed to by the Commonwealth in 2006 focus on locating and counting birds killed by the turbines and require the stopping of the turbines and taking mitigation measures to prevent future kills if just three of the listed bird species are killed, what mitigation measures does the minister believe could realistically be taken to stop bird mortality by turbines located in the midst of a bird sanctuary, flyway and migration route other than not building the wind farm? Question 3 Mr President, I ask a further supplementary question. Considering that the research underpinning the Commonwealth's approval was so bad that the 2004 Victorian assessment panel found: ... at this stage insufficient information to allow proper assessment against the criteria of no impact on species listed under the Environment Protection and Biodiversity Conservation Act or the Flora and Fauna Guarantee Act. On what basis does the Commonwealth continue to uphold its 2006 approval? RESPONSE: Question 1 Responsibility for wind farm approvals rests primarily with state and local governments. The Commonwealth is involved only where wind farm proposals impact on matters of national environmental significance. The Bald Hills Wind Farm was approved by the then Minister, Senator Ian Campbell, under the Environment Protection and Biodiversity Conservation Act 1999 on 21 December 2006. While construction of turbines has commenced, the wind farm is not yet operational. There have been no bird mortalities as a result of this wind farm and consequently no action is required. Question 2 In accordance with the conditions of approval for this project, a Bat and Avifauna Management Plan was approved on 17 July 2012. The aim of the approved Bat and Avifauna Management Plan is to ensure that the operation of the Bald Hills Wind Farm will not prejudice the survival of populations of bat and bird species of concern. The Bat and Avifauna Management Plan utilises an adaptive management framework that includes: Reporting impacts to listed species Investigation, evaluation and risk assessment of behaviour and the likelihood of further collisions. Mitigation strategies such as habitat modification, bird deterrence measures, and temporary turbine shutdown for high risk periods and locations. A copy of the Bat and Avifauna Management Plan is available from Minister Burke's office. Question 3 The conditions of approval contain strict conditions relating to bird mortality, and the monitoring and mitigation of impacts to avifauna that must be carried out after operations commence. There have been no bird mortalities as a result of this wind farm. Senator LUDWIG: by leave—In addition, I table the Bald Hills Wind Farm bat and avifauna management plan.