A fresh twist has emerged in the controversy surrounding the sprawling Wallaroo solar farm proposed for the NSW side of the ACT border north-west of Canberra, with Australia's corporate watchdog referring a potential breach by a former executive for further review.
It has also been revealed "neighbour agreements" were offered to some local residents in return for financial compensation - typically around $20,000 - in order to smooth the way for the construction and operation of the project and make no claims against the operators for any environmental impacts.
The 182,00-panel Wallaroo Solar Farm is a joint venture project proposed by local company New Energy Development and Spanish renewables giant Univergy. It has been designated as a NSW "state significant development".
The Australian Securities and Investments Commission is examining whether a former Wallaroo Solar Farm executive had been in breach of an order by signing off official documents.
The documents were the official advice to the federal government which the developer must provide about a range of impacts from the project, including to the protected species of the area, the local habitat, vegetation, topography, soils and hydrology.
He had signed off the documents as the chief executive officer of Wallaroo Solar Farm despite being under a period of disqualification after being found guilty by ASIC of five corporate breaches, all related to failed solar companies.
However, the company maintains no such breach occurred.
Spokesman Ben Cranston said the executive "received legal advice in 2020 during the period of his appeal against the ASIC legal action, that [he] could remain a senior executive reporting to the executive directors of WSF".
"Regardless of his job title, the directors of WSF authorised [the officer] to sign the ... proposal in 2021 during the period of [his] appeal. The form is legally compliant and in effect," he said.
Meanwhile, the ACT Labor-Greens government appears powerless to intervene - should it even choose to do so - because the development is not within its jurisdiction and its planning laws do not apply.
The ACT government could offer no clarity on its position regarding suitable buffer zones which should apply, only that "all matters are taken into account in relation to the impact" of a proposal.
Chief Minister Andrew Barr has written to NSW Premier Chris Minns seeking clarification on several matters while Labor member for Ginninderra Tara Cheyne, who attended the most recent public meeting, expressed concern the proposal was "very close to the Ginninderry future urban area, and it being less than 10km from the Belconnen town centre".
Bill Stefaniak's Belco Party says hundreds of ACT residents will be looking directly at this "eyesore", and has questioned why Jo Clay MLA, the local Greens member for Ginninderra, has not "gone into bat for her constituents".
Greens voters facing the project in West Belconnen would be conflicted because while they will suffer a detrimental visual impact, the renewable power generated would feed into the national grid and abate greenhouse gases.
Fierce opposition has been expressed on both sides of the border, most taking the view while they fully support more renewables, this site was inappropriate.
Out in the rural residential allotments of Wallaroo, where two big land owners have reached a commercial agreement to allow their properties to be used, locals are incensed.
The fate of the proposal now rests with the NSW Independent Planning Commission.
Final submissions closed July 31.
The Spanish co-developer and partner in the project, Univergy Solar, was contacted by email but failed to respond.
Development consent was granted in 2021 for a solar farm of a similar size for Springdale, in a rural location between Sutton and Gundaroo, but construction has not yet started.
