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Last updated: 03 Dec 2024

Land access frequently asked questions

Answers to your common questions about land access complaints.

Can EWOV consider my complaint about the proposed route or design of the transmission line?

No. We can’t accept complaints about the fact that a transmission project is proposed, including the route or design of the transmission lines. These are government responsibilities, and we aren’t part of the Australian or Victorian governments. We don’t have authority to consider these decisions.

Can EWOV consider my complaint about how a transmission company consulted with me before they accessed my private property?

Yes. In certain circumstances, we can consider complaints from individual landholders (or neighbours, in some cases) about the way a transmission company accessed private property. This includes whether the transmission company complied with its obligations under the Land Access Code of Practice (LACOP) before entering into an access arrangement. Our Charter also allows us to consider complaints about the way a transmission company exercised its statutory rights in relation to neighbouring land or property. For more information, read the LACOP: esc.vic.gov.au/electricity-and-gas/codes-guidelines-and-policies/land-access-code-practice

Can proposed land access proceed if I lodge a complaint against a transmission company at EWOV?

The LACOP requires all relevant obligations be met before land access can proceed under section 93 of the Electricity Industry Act 2000 (Vic) (see clause 7.1.1). Our general position is that land access can proceed if all legal requirements (including LACOP requirements) have been met.

If LACOP (or other applicable) requirements have been met but disputes over the proposed arrangements continue, we can assist the parties in resolving these issues. For example, if a landholder requests that the transmission company use an alternative route to access a survey site, we can help resolve the matter. However, if LACOP requirements have not been met, EWOV’s position is likely to be that land access may not proceed as planned.

To learn more about land access that can take place while we consider a complaint, see our Preliminary Assessment information (ewov.com.au/fact-sheets/land-access-preliminary-assessment) and our Land Access Complaints Policy (ewov.com.au/uploads/main/Land-Access-Complaints-Policy.pdf).

I do not own the property but I’m a tenant on property that a transmission company seeks to access. Can I complain to EWOV?

Yes. We can accept complaints from landholders, occupiers and/or neighbours of private land about the way a transmission company proposes to access, or has accessed, private land.

Can EWOV consider complaints about the Environmental Effects Statement (EES) for the project?

No. The EES (including the scope of the EES) is the responsibility of the Minister for Planning. We can’t change the Minister for Planning’s decision that an EES is needed or interfere with the scope of the EES. We can, however, hear complaints about land access needed for a transmission company’s preparation of its EES.

What is the difference between EWOV and the Office of the Australian Energy Infrastructure Commissioner?

We consider individual complaints from individual landholders (or neighbours) about the way a transmission company accessed their private property (or their neighbour’s property).

The Australian Energy Infrastructure Commissioner (AEIC) handles complaints from concerned community residents who live in proximity to proposed or operating wind farms, large-scale solar farms (5 MW or more), energy storage facilities such as large-scale batteries (1 MW or more) and new major transmission projects. If a landholder contacts AEIC with a complaint that falls within our jurisdiction, AEIC will usually refer the landholder to us.

Can EWOV give me legal advice?

No. We cannot provide legal advice or legal services to landholders or the community. We generally refer landholders to legal services or to the Law Institute Victoria website (liv.asn.au) to find an appropriate legal practitioner.

Can EWOV advise me on an agreement (land access or easement agreement) that I am looking to sign with a transmission company?

No. We can’t advise on the terms of a proposed land access agreement or a proposed easement because we cannot provide legal advice.

Can EWOV consider a claim about compensation for land acquisition under the Land Acquisition and Compensation Act 1986?

No. We do not consider claims for compensation for land acquisition. We only consider claims for compensation as a direct result of loss caused by a transmission company or their agent during land access.

Can EWOV consider general complaints from the local community about the project?

No. We can’t consider general complaints from the community.

Can EWOV consider a complaint about the value of my land if the transmission line is on or near my property?

No. We can’t consider complaints about land value because of the transmission line. If you are a landholder and the transmission company acquires an interest in your land for the transmission project (such as an easement) and you have not reached an agreement with the transmission company to be compensated for the acquisition, the valuation of land and compensation payable will otherwise be determined under the Land Acquisition and Compensation Act 1986 (Vic). You may wish to contact the Australian Energy Infrastructure Commissioner (AEIC) who receive complaints from concerned community residents who live in proximity to proposed or operating energy infrastructure. For more information: www.aeic.gov.au/making-a-complaint