The new rules apply to licensed electricity transmission companies accessing (or seeking to access) private land using statutory powers under section 93 of the Electricity Industry Act 2000.
Our Information for landowners factsheet explains what to expect when an electricity transmission company wants to access private land for a new project or upgrade.
Accessing private land for transmission projects
In the case where an electricity transmission company and a landowner (or occupier) cannot enter into a voluntary access agreement for land access, the company may exercise statutory powers to access the private land to plan, design and construct new transmission projects.
An electricity transmission company can also use its statutory powers to undertake works on existing transmission assets.
Scope of the Land Access Code of Practice
The recently released Land Access Code of Practice (code of practice) regulates land access for:
all stages of new transmission projects
relevant upgrades to existing transmission assets, including:
augmentation
extension
decommissioning of lines.
The code of practice does not apply to:
operation and maintenance activities for existing transmission assets
the content of voluntary access agreements
land that is not private land
where land is accessed in accordance with an existing easement.
Electricity transmission company obligations
Electricity transmission companies must follow the code of practice processes before, during and after accessing private land. The new obligations aim to minimise the impact of access and improve consultation with affected parties, including landowners, occupiers and other parties interested in the land. They include specific biosecurity, fire and health risk management obligations.
After accessing land, the code of practice also contains ongoing dispute resolution, record keeping and reporting obligations.
Providing clear information and engagement
Before accessing land, electricity transmission companies must provide certain information to affected parties about proposed access activities. If an affected party asks questions or provides feedback about this information, including in relation to suitable access dates, the electricity transmission company must consider the feedback in good faith and provide answers to the affected party.
Requirements when accessing land
If a voluntary access agreement is not entered into, the code of practice regulates how electricity transmission companies can exercise their statutory right to access the private land.
The code of practice requires an electricity transmission company to minimise biosecurity risks, fire risks and health risks associated with land access, including developing policies and procedures.
Dispute resolution for landowners
Landowners can contact the Energy and Water Ombudsman of Victoria to help resolve disputes about land access activities under the Land Access Code of Practice.
Monitoring compliance
The Essential Services Commission may use its compliance and enforcement powers to enforce the code of practice obligations, including:
