We have published an enforceable code of practice related to land access by licensed electricity transmission companies.
Developing a Land Access Code of Practice
- Public forum13 December 2022
- Consultation to develop draft code of practice2 February 2023
- Consultation closed3 March 2023
- Consultation on draft code of practice opens15 June 2023
- Consultation closed27 July 2023
- Final code of practice30 November 2023
Overview
Overview
We have developed an enforceable code of practice in relation to how licensed electricity transmission companies access private land for activities on new transmission projects or when an existing line is upgraded, replaced or decommissioned.
The Land Access Code of Practice regulates the rules and processes that transmission companies must follow when accessing, or seeking to access, private land using statutory powers under the Electricity Industry Act 2000. The Land Access Code of Practice also regulates the information that licensed electricity transmission companies must provide to affected parties and other parties interested in land prior to entering into access agreements or accessing private land using statutory powers under the Electricity Industry Act 2000. It introduces obligations on transmission companies before, during and after land access with the purpose of minimising the impact of access and improving consultation with affected parties, including landowners, occupiers and other parties interested in the land.
The Land Access Code of Practice does not apply to operation and maintenance activities for existing transmission assets, voluntary access agreements, land that is not private land, or where land is accessed in accordance with an existing easement.
The Land Access Code of Practice came into effect on Friday, 1 March 2024.
Land Access Code of Practice Factsheet
Next steps
The Land Access Code of Practice came into effect on Friday 1 March 2024, meaning the new rules and obligations are now in effect.
We will monitor the effectiveness of the Land Access Code of Practice in achieving its objectives. We may review and amend the code of practice as needed in accordance with our stakeholder engagement framework.
If you have any questions about the Land Access Code of Practice, please contact energyreform@esc.vic.gov.au.
Making a Land Access Code of Practice Draft Decision
On 15 June 2023, we released our Making a Land Access Code of Practice Draft Decision and Draft Land Access Code of Practice. Stakeholders were invited to provide feedback on the draft Land Access Code of Practice via a survey through Engage Victoria or by making general comments over email, mail or phone. Our consultation process closed Thursday 27 July 2023. Our draft decision, the draft Land Access Code of Practice and stakeholder submissions can be found in the Resources tab (at the top of this page).
As part of our consultation process, we held an online public forum on 17 July 2023 where we presented the proposed scope and content of the draft Land Access Code of Practice. Stakeholders provided feedback and shared their experiences regarding land access.
A recording of the forum is provided below:
Background
In late 2021, we became aware of community concerns about how electricity transmission companies accessing land for the development of transmission projects under section 93 of the Electricity Industry Act 2000 (the Act). Recognising the urgent need to help minimise these land access issues faced by landowners and electricity transmission companies, we developed a statement of expectations in May 2022 as an interim measure while we developed an enforceable code of practice.
In December 2022, we held a public forum where stakeholders gave their initial views on what a code of practice should address.
A recording of the forum is available below:
In February 2023, we released a consultation paper to seek initial stakeholder feedback on an enforceable code of practice. Stakeholders were able to provide their feedback in the form of written submissions or through responding to survey questions via Engage Victoria.
- 15 stakeholders responded to our consultation
- all non-confidential submissions and survey results are available on our website
Our consultation paper and stakeholder submissions can be found in the Resources tab (at the top of this page).
The feedback received on the consultation paper, draft decision and draft Land Access Code of Practice informed our final decision and the final version of the Land Access Code of Practice.
Reporting against the Electricity Transmission Company Land Access Statement of Expectations
The commission requires AusNet to report to us monthly on their performance against the principles of the statement of expectations. We are using the data in these reports to inform the development of the Land Access Code of Practice.
The Electricity Transmission Company Land Access Statement of Expectations will remain in place until the Land Access Code of Practice comes into effect. From 1 March 2024, electricity transmission licensees are required to provide the commission with monthly performance reports on its performance against the Land Access Code of Practice. We will publish these performance reports on our website to promote transparency around land access negotiations and effective engagement between landowners and transmission companies.
Public versions of AusNet's monthly reports can be found below.