Public Nuisance from Wind Farms (Mandatory Liability Cover) Bill
Official Summary
A Bill to require the Secretary of State to make provision about obligations on wind farm operators in respect of financial cover for potential liabilities arising from cause of public nuisance; and for connected purposes.
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Overview
This bill mandates that the Secretary of State establishes a scheme requiring wind farm operators to hold sufficient financial resources to cover potential liabilities from public nuisance claims related to noise, light pollution, inadequate decommissioning, or other specified nuisances. The scheme will involve public consultation and parliamentary oversight.
Description
This bill aims to create the "Wind Farm (Compulsory Financial Provision for Public Nuisance) Scheme." It compels the Secretary of State to establish this scheme via regulations, following a public consultation within 12 months of Royal Assent.
Key Aspects of the Scheme
- Eligible Entities: The consultation will define which wind farm operators must participate.
- Financial Resources: The scheme will determine how much financial provision is required, considering factors like the number, size, proximity to residences, and noise levels of turbines.
- Covered Nuisances: The scheme will specify the types of public nuisance it addresses (initially noise, light pollution, and decommissioning issues, with the possibility of adding others).
- Implementation Timeline: The scheme must be introduced within 12 months of the consultation report being presented to Parliament, followed by a review two years later.
- Parliamentary Approval: Regulations establishing and modifying the scheme require parliamentary approval.
The Secretary of State retains the power to add entities, obligations, or raise financial requirements through further regulations, but also to exempt entities, abolish obligations or reduce requirements, all subject to parliamentary scrutiny.
Government Spending
The bill does not directly specify government spending. However, the consultation will assess the potential impact of the scheme on the cost of electricity and public expenditure allocated to supporting wind turbine electricity generation.
Groups Affected
- Wind farm operators: They will be required to secure and maintain sufficient financial resources to cover potential liability for public nuisance claims.
- Residents near wind farms: They may benefit from increased assurance of compensation should they successfully claim public nuisance.
- Electricity consumers: The scheme's potential impact on electricity costs needs further investigation through the consultation process.
- The UK Government: The bill's impact on public expenditure towards renewable energy support will be reviewed.
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