Navigating Land Access – New Land Access Code of Practice
As Victoria follows the rest of the world in shifting towards green electricity, it is inevitable that more power transmission lines will be needed. Which means power companies will be asking more and more landowners across regional and rural Victoria for access to their land, and then to build transmission towers.
In Victoria, power companies have two avenues to access privately owned land:
voluntary access agreements allowing negotiations on terms; or
statutory powers under section 93 of the Electricity Industry Act 2000 (Vic) (the Act).
Importantly, where a voluntary agreement cannot be reached, power companies can access the land regardless of the landowners terms.
The Essential Services Commission (ESC) has now introduced a Land Access Code of Practice (the Code) which regulates the rules and processes that power companies must follow when accessing, or seeking access to private land, including when using statutory powers under the Act.
The ESC created the Code after considering community feedback regarding the challenges associated with how power companies engage with landowners, especially when statutory powers are involved.
The Code took effect on 1 March 2024.
What can you expect when a power company comes knocking on your door asking for access?
The Code sets out clear rules on how and when power companies engage with landowners, aiming to enhance consultation and engagement at the early stages of projects.
Key requirements for power companies under the Code include:
providing information about the transmission project;
offering a point of contact; and
delivering specific details on proposed access.
The Code also sets out milestones before and during land access periods, outlining specific timeframes and obligations on power companies.
During land access under section 93 of the Act, the Code regulates the actions of power companies, imposing obligations to minimise the impact on landowners. Specific provisions address general risk minimisation, as well as environmental, fire, and health risk management.
Post-access, the Code continues to play a role with ongoing dispute resolution, record-keeping, and reporting obligations.
Landowners have a right to lodge complaints if they believe a power company is not complying with the Code or misusing section 93 powers. The ESC also has the power to enforce compliance including issuing penalty notices, issuing compliance notices and commencing legal proceedings.
When does the Code apply?
The Code applies to new transmission projects and upgrades to existing transmission lines that extend beyond current easements, encompassing augmentations, replacements, and decommissioning of existing assets.
It’s important to note that the Code does not apply to the operation and maintenance of existing transmission lines, nor to situations where agreements and easements with landowners and occupiers have already been established.
Key takeaways
The new Code provides practical guidance to power companies when accessing private land and greater transparency for landowners and occupiers. However, it is important to be aware that the Code does not necessarily prevent the statutory right for power companies to access private land without consent or agreement in certain circumstances.
We have helped many landowners facing the prospect of unwanted or inconvenient access by power companies. For more information regarding the Code or advice regarding voluntary access agreements, please contact:
Paul Gray
Principal
T: 03 5225 5231 | M: 0414 195 886
E: pgray@ha.legal
Hugo Le Clerc
Associate
T: 03 5225 5213
E: hleclerc@ha.legal
Maddi Batchelor
Graduate Lawyer
T: 03 5225 5214
E: mbatchelor@ha.legal
