Remediation clause requiring green solar to remove all panel

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Reference no: EM133672300

Question

Ted Sanders was the registered proprietor of 100 acres of land outside Scone, NSW. He had two children, Angus and Eliza. Angus left home in 1982 to move to London to be a stockbroker. Eliza studied nursing but returned to the farm in 1989 to look after her father who was ill. In 2001, Ted died, and in his will, he left the 100-acre farm to Angus and a small share portfolio to Eliza. Eliza wrote to Angus asking what he would like to do with the farm. He wrote back saying, "I am not sure what I want to do with the place just yet. Why don't I lease it to you for a while?". Eliza thought this would be a good idea and the siblings agreed to a 20-year term. They signed a written lease, but it was not registered. In 2015 Eliza was approached by Green Solar Pty Ltd who wanted to put 60MW of solar panels on her land. Her sheep could graze beneath the panels, which would provide them with shade. The panels have dual access trackers that allow them to tilt and move with the sun from east to west and are attached to pylons that are driven into the ground. Panels are connected to the grid by cables buried underground so that sheep and farm machinery do not damage them. Green Solar installed a secure perimeter fence to protect the panels, which also provide protection for the sheep from wild dogs. Eliza entered into a 40-year licence agreement with Green Solar, which gave them unlimited access to her land, and included a remediation clause requiring Green Solar to remove all panels.

Reference no: EM133672300

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