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Last updated: 03 Dec 2024

Land access investigation stage

If a landholder and a transmission company can’t resolve a complaint at the referral stage, we progress the complaint to the investigation stage. For more information about the referral stage, read our Land access referral stage fact sheet: ewov.com.au/fact-sheets/land-access-referral-stage.

On this page:

The first steps of the investigation stage

When a complaint first reaches investigation, we consider:

  • the additional information, if any, that each party is required to provide (for example, details of previous communications between the parties)
  • an appropriate timeframe for the parties to provide the required information
  • the issue(s) in dispute
  • whether we need to make a site visit to the property
  • the type of expert opinions or reports (if any) that are needed
  • the relevant laws or best standards of practice.

If there’s an issue about whether a planned land access can go ahead while we investigate the complaint, we may conduct a preliminary assessment. For more information about the preliminary assessment, read our Land access preliminary assessment fact sheet: ewov.com.au/fact-sheets/land-access-preliminary-assessment.

The confirmation call

After we have considered the information received so far, we then contact each party to discuss our understanding of the issues in dispute. This is called a confirmation call and provides the landholder and the transmission company the opportunity to:

  • inform our understanding of the issues, by providing relevant background to the matter
  • provide further context to assist our considerations, and
  • identify any further information required by either party to resolve the complaint and propose a timeframe for providing it.

We will also use this call to inform the parties about our process, general approach to the issues in dispute, jurisdiction (if required), expected timeframes and whether the parties can continue contact during our investigation.

The issues summary

After the confirmation call, we send the parties an issues summary, which is a letter setting out:

  • our understanding of the complaint, the issues in dispute and the resolution(s) sought
  • the information we need to resolve the matter and the date by which the information must be provided, and
  • our jurisdiction and process.

For more information, see our land access complaint progression process: www.ewov.com.au/uploads/main/Our-complaint-progression-process-land-access.pdf.

The issues summary is an important opportunity for EWOV to set expectations for both parties, clarify the issues in dispute and give the parties the opportunity to provide further context or information relevant to the complaint.

The information exchange step

We usually exchange the information that each party provides to support their position. This exchange ensures procedural fairness by giving both the landholder and the transmission company the opportunity to respond and support their position. It also ensures that both parties are aware of the information we will rely on when assessing the complaint.

While the exchange of information begins when a complaint progresses to investigation, it continues throughout our investigation. This ongoing exchange ensures that both parties have access to the same information, maintaining fairness throughout the entire process.

Sharing information may give rise to privacy concerns. A party may provide us with information relevant to the dispute but may not want that information shared with the other party. For more information, read our Land Access Complaints Policy: ewov.com.au/uploads/main/Land-Access-Complaints-Policy.pdf.

The steps following the information exchange

Once the landholder and transmission company have had an opportunity to respond to the issues summary and any further information relevant to the dispute, we then decide the most appropriate way to resolve it.

We determine whether:

  • conciliation is appropriate to resolve one or more issues in dispute
  • further information and investigation is required, or
  • we have sufficient information to issue a fair and reasonable assessment.

Conciliation

Conciliation is a flexible, informal approach to resolving complaints where we facilitate joint or individual discussions between the parties for the purpose of resolving the complaint or resolving specific issues in dispute. This may involve us conducting a telephone, video conference or in-person meeting between the parties.

The purpose of conciliation is to encourage open and ongoing communication between the landholder and the transmission company under the guidance of an independent and impartial third party (EWOV). It gives the parties the opportunity to reach a mutually agreed resolution rather than one imposed by us.

If conciliation resolves the complaint, we write to the parties outlining the agreement, any required actions and their timeframes. We expect both parties to comply with the conciliated resolution.

Example

Jamie, a sheep farmer, started a complaint with EWOV against Transmission Company A about proposed access to his property on 30 August. Jamie didn't want Transmission Company A to access his farm at the proposed time because access would happen when weaning was expected to occur. He was worried Transmission Company A’s activities would cause extra stress for the sheep and he sought access on 1 November instead.

Transmission Company A couldn't accept the date change as the purpose of accessing the property was to search for signs of the endangered Plains-wanderer bird. The Plains-wanderer lays eggs between August and September and November would be too late. Transmission Company A considered Jamie’s request for the amended access date under cl 7.3.4 of LACOP and provided Jamie with the reasons why they needed access on the specified date. It stated that access date was out of its control due to the stated purpose. Jamie remained unhappy.

EWOV considered Jamie’s request under cl 7.3.3 and the transmission company’s response under cl 7.3.4 of LACOP. EWOV decided that the transmission company had met its LACOP obligations but worked with the parties to conciliate an outcome which would allow access to proceed in a manner having the most limited potential impact on Jamie’s sheep.

Fair and Reasonable Assessment

If conciliation isn’t appropriate or acceptable to either party, we continue to investigate the complaint and issue a Fair and Reasonable Assessment — usually a written evaluation of what we consider to be a fair and reasonable resolution.

In doing so, we apply our Fair and Reasonable Investigation Framework (ewov.com.au/uploads/main/EWOV%E2%80%99s-Fair-and-Reasonable-Investigation-Framework.pdf), having regard to:

  • the landholder’s individual circumstances, the impact of the complaint and their desired resolution
  • the transmission company’s project needs, the application of its policies and procedures, and their desired resolution
  • applicable laws, codes and regulations, and the extent to which they have been adhered to
  • expert advice or technical reports, including agricultural specialists and engineers
  • good industry practice and an outcome that is fair and reasonable in the circumstances
  • previous case results where appropriate, particularly if they outline EWOV’s current and accepted approach to a fair and reasonable outcome for similar issues in dispute.

If they accept the Fair and Reasonable Assessment, we expect the parties to comply with our outcome and findings.

For information about how our investigation may progress, read our Land access complaint progression fact sheet: ewov.com.au/fact-sheets/land-access-complaint-progression.