The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility, arguing it would cause serious and irreversible harm to the Little Brown Bat and Blanding's turtle.
In the remedy phase, the Approval Holder proposed mitigation plans to address the Tribunal's previous findings of harm.
The Tribunal found it had jurisdiction to consider the mitigation plans and applied the precautionary principle.
The Tribunal accepted the bat mitigation plan with a modification to extend turbine curtailment to sunrise.
However, the Tribunal found the proposed road restoration measures for Blanding's turtle were novel and unstudied, and therefore removed the turbines associated with those road upgrades from the approval.
