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Newcastle Herald
Newcastle Herald
Matthew Kelly

Ian Barry's last stand: the brutal toll of the clean energy transition

Mark Banasiak and Chris Dorahy meet with Ian and Vicki Barry this week. Picture by Jonathan Carroll.

Ian Barry knows he doesn't have much time left. His one wish is to see out his days at his Cedar Creek sanctuary with wife Vicki by his side.

But he could soon find himself in an impossible situation that would see him forsake his home of 30 years to make way for the construction of the Hunter Transmission Project.

Mr Barry, a celebrated Australian filmmaker and director, has advanced motor neurone disease.

His condition has significantly deteriorated over the past six months due to the stress of fighting off EnergyCo's attempts to run the new clean energy infrastructure through his 51 hectare heavily forested property near Milfield.

Ian Barry.

Shooters and Fishers Party MP Mark Banasiak, who visited Mr Barry and his wife this week, described their predicament "diabolical".

"It's pretty grubby the way they have been treated but it's no surprise," Mr Banasiak, who is chairing a parliamentary inquiry into the impact of renewable energy zones on rural and regional communities, said.

"To me, it just proves that EnergyCo are bad actors in this space and are laying the groundwork for the private companies to move in and make the profits."

EnergyCo previously identified five potential routes through and around the Barry's property.

Its preferred route would run over the eastern section of the property and come within about 600 metres of their house.

The Barrys have spent the past nine months attempting to persuade the government agency that this option would destroy their property's amenity and their lifestyle.

It is hoped that a new round of negotiations will result in the easement skirting around the Barry property.

But if EnergyCo rejects the proposed compromise about 30 per cent of their land will be compulsorily acquired for the project.

"This has been a never ending nightmare, expending frustrating energy and time from my shortened future, could be enjoyably spent," Mr Barry said.

"If I have to move on from my piece of paradise, I don't want my last days to be like my parents ending up miserable in an aged facility and in palliative care."

In response to a question from Mr Banasiak this week about the Barry case, Energy and and Environment Minister Penny Sharpe acknowledged she was familiar with their "very challenging" situation.

"I can advise the member that there is a lot of work being undertaken around the negotiations. I do not want, nor would I expect, EnergyCo to exacerbate the issue in any way, shape or form," she told Parliament.

Hunter Transmission Project route.

"... we need to work carefully through the issues that have been raised. I hope that we can resolve them but we may not be able to deal with all of them. I am very concerned for their situation. I expect EnergyCo to speak with them carefully and empathetically, to work through the issues in a systematic way and to not take too long to do so."

An EnergyCo spokesman said the agency had begun issuing letters while continuing discussions with affected landowners.

"The issuing of opening letters begins the formal negotiation process for easement acquisition, where our goal is to reach mutual agreement under the Just Terms Act," he said.

"It provides certainty to affected landowners on what alignment is being proposed following early discussions. It does not mean negotiations are at an end, rather it is the start of at least 6 months of active negotiation around the proposed alignment, after we have taken account of feedback from landowners, communities and other interested parties."

Mark Banasiak with Ian and Vicki Barry at their Cedar Creek property. Picture by Jonatahan Carroll.

In a separate development, The Human Rights Commission has also accepted a complaint from Mr Barry's lawyer, Elaine Johnson, regarding EnergyCo's engagement with Mr Barry.

The complaint alleges that EnergyCo engaged in unlawful conduct on the basis of discrimination within the meaning of the Disability Discrimination Act 1992.

"Mr Barry is seeking an end to the EnergyCo process by way of an adjustment to the Hunter Transmission Project route that would remove him and his wife from their list of affected landholders. This would put an end to ongoing discrimination and allow Ian to live the remainder of his life in peace on his property with his wife Vicki, unencumbered by EnergyCo's plans for the Hunter Transmission Project," the complaint says.

Ms Johnson has also obtained documents under Government Access to Information legislation that show potential alternative routes are technically viable.

Ironically, Ms Johnson said these routes would speed up the process by avoiding the need to proceed though a property that is unsuitable given Mr Barry's unique vulnerabilities.

She said EnergyCo had effectively locked itself into a route that it couldn't get out of because it had failed to do an adequate social impact study.

"I think (the documents) demonstrate the folly of the approach that EnergyCo has taken," Ms Johnson said.

"Had they done their social impact properly, the presence of a disabled person at the end of their life would have been something that would have been canvassed.

"They would have designed the route to avoid the property in the first place. They wouldn't have the problem they perceive they now have. They feel like they are too far down the acquisition road and are running out of time."

The EnergyCo spokesman said significant changes had been made to the Hunter Transmission Project so far because of consultation with landowners and the broader community. However, EnergyCo cannot completely remove impacts to private property.

"As infrastructure that will provide the backbone of the State's new electricity grid for generations to come, the Hunter Transmission Project is critical for energy security," he said.

Mr Barry, whose credits include the 1974 cult classic Stone and the 1980 science fiction thriller Chain Reaction, is in the initial stages of making a documentary about his experiences with EnergyCo and the Hunter Transmission Project.

It will cover the politics, engineering challenges and social impacts among other issues.

EnergyCo will also be invited to participate.

"I want to pursue the truth. If landowners have issues they can be conveyed truthfully," Mr Barry said.

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