Land access complaints

We are an independent, free dispute resolution service that can consider complaints about energy companies that are participants of our scheme. This includes complaints from landholders about the way an energy company has exercised its statutory rights in relation to that land, or property neighbouring that land.

Like the rest of Australia, Victoria is undergoing a transition to renewable energy. This requires new transmission infrastructure to transport energy from the new areas of generation. To complete these projects, an energy company may need to access private property to:

• conduct planning and investigations, such as land surveys
• construct the infrastructure, and
• operate and maintain the infrastructure, once built.

Some energy companies can access private property either through:

• a voluntary agreement between an energy company and a landholder, or
• by exercising legislative powers to access land in certain circumstances (statutory rights).

EWOV can receive complaints about the way that a transmission company proposes to, or has, used their legal rights to access private property as part of a proposed or planned infrastructure project, including transmission lines.

The Victorian Essential Services Commission has released a Land Access Code of Practice (the Code) which applies to proposed or actual land access onto private land. Licensed transmission companies must follow the Code if seeking to exercise their statutory rights to access private land. The Code aims to balance the right of companies to access private land to provide essential services with landholder rights and includes requirements regarding:

• communication and engagement, aimed at improving consultation between energy companies and landholders
• notices and information regarding statutory access, including information that energy companies must provide to landholders
• obligations which must be followed when private land is being accessed, such as risk minimisation, biosecurity control, fire and health risk management.

The Code names EWOV as the independent dispute resolution organisation responsible for receiving complaints in relation to compliance with the Code. EWOV will have regard to the Code as part of its considerations when reaching an assessment about what a fair and reasonable outcome is in a land access complaint.

Read our Land Access Complaints Policy to understand:

• what land access complaints we can consider, and
• how we will handle these cases.

If you are involved in negotiating a voluntary agreement for access to your land, consider naming us as an option for dispute resolution. That way, if things don’t go to plan, you’ll have access to an independent dispute resolution service without any additional cost. There is no need to be represented by lawyers if you lodge a complaint with us.

There are some complaints relating to transmission companies and land access that we cannot consider.

We cannot consider complaints about:

• content of legislation or government policies
• a decision made by Cabinet, a Minister, or a government department
• planning and feasibility of the project
• routes and mechanisms of transmission
• an Environmental Effects Statement
• compensation for acquisition of land
• a matter that is, or has been, the subject of:
  • court or tribunal proceedings, or
  • an investigation by a government department or agency.

If you have a complaint about access to your land and you are unable to resolve it with the energy company, you can start a complaint with us by calling 1800 500 509 or visiting the Start a complaint page. We will then assess whether we can assist and if so, will work to resolve your dispute as quickly as possible.

Need general information?

If you don’t have a complaint but just want some general information, we call this an enquiry. We may even be able to refer you to another agency.

You can make an enquiry at any time. Call us on 1800 500 509, send us an email or start a live chat.