“Alea iacta est”: the words spoken to Julius Caesar when he crossed the Rubicon are translated as, “The die is cast”.
Wainfleet Town Council last night, April 10, 2012, passed the Setback by-law on third reading, after a forceful commentary by Mayor April Jeffs on the need to protect the citizens of Wainfleet Township. At the same meeting the Wind Developer IPC was denied permission to bury cable under an unused road allowance in the Township.
The words said to Julius Caesar are therefore most appropriate: the die IS cast. And the future will tell.
The Developer will likely challenge the issue of the cable across the road allowance before the appropriate tribunal. The issue of the Setback By-law 13-2012, however, may present a problem for the Developer who has always claimed the by-law was “illegal” under the GEA. The by-law does not prohibit anything mandated in the GEA and therefore is not illegal.
It does, however, relate to the Environmental Protection Act and Reg.359/09 thereto which specifies that setbacks shall be “at least” 550 meters; it does not say, “shall be no more than 550 meters”. But the relevant government ministries and tribunals overseeing green energy development in Ontario tend to have a heavy rubber stamp.
By-law 13-2012 of the Township of Wainfleet, specifying a setback distance of 2km and a maximum noise level of 32dB, with 100% indemnification by the developer for any party who suffers adverse health effects or property devaluation as a result of an IWT over 90 meters in Wainfleet, is a legal by-law and is not in contravention of the GEA.