Last updated: 03 Dec 2024
Land access preliminary assessment
If a complaint can’t be resolved at the referral stage, we progress the complaint to the investigation stage. For more information about the referral stage, read the Land access referral stage fact sheet: ewov.com.au/fact-sheets/land-access-referral-stage.
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A preliminary assessment
A question that often arises is whether planned or potential land access can continue while a complaint is under investigation at EWOV. In these circumstances, we may conduct a preliminary assessment to determine whether the planned land access can proceed.
A preliminary assessment is not a formal finding or determination because we are not fully investigating the complaint at this stage of the complaint process.
What are planned access complaints?
Complaints that arise concerning potential or planned land access usually fall into three categories. Below we summarise our general position in relation to land access continuing in each of these three categories.
A landholder makes a complaint that does not relate to land access.
It’s likely the planned land access can continue while we consider the issues raised by the unrelated complaint.
A landholder makes a complaint about one aspect of planned land access, such as the landholder preferring the transmission company use an alternative access point.
We work with the parties to reach a resolution where land access can proceed in a mutually agreeable manner.
The Land Access Code of Practice (LACOP) sets out the rules and processes that transmission companies must follow when accessing – or seeking to access – private land. We will also consider the LACOP requirements if relevant to the complaint.
You can read a summary of LACOP in our Obligations under the Land Access Code of Practice fact sheet.
A landholder makes a complaint about the planned land access in and of itself, such as the landholder taking the position that land access should not proceed at all.
We consider the information provided by each party and assesses whether, on balance:
- all LACOP requirements have been met
- planned access carries a direct and real risk of permanent damage that cannot otherwise be mitigated or remedied.
If LACOP requirements have been complied with and land access can lawfully continue, we work with the parties to try to reach a resolution where access can proceed in a mutually agreeable manner.
If LACOP requirements have not been complied with, we work with the parties to ensure any deficiencies or breaches are rectified.
What are not planned access complaints
Planned land access complaints don’t include complaints about land access that has already happened (i.e., where a landholder believes they have incurred loss or damage because of the land access).
For information about the compensation and other remedies available in these instances, read our Land access remedies and compensation fact sheet - ewov.com.au/fact-sheets/land-access-remedies-and-compensation.
What EWOV considers when making a preliminary assessment
When we make our preliminary assessment, we consider:
- the positions of each party and the resolution(s) sought
- details of the proposed land access and its intended purpose
- the logistics involved with changing the proposed land access
- whether, to date, LACOP requirements have been adhered to
- whether planned access carries a direct and real risk of permanent damage which cannot otherwise be mitigated or remedied, and
- any conditions for planned land access which may address the landholder’s concerns.
Generally, we take the view that planned land access can continue while we investigate a complaint. However, if we believe the proposed land access presents a direct and real risk of permanent damage to a property or landholder, that can’t be mitigated or remedied, we may consider requesting the transmission company postpone or amend its planned land access while we investigate the matter.
If a landholder contacts us and advises that a proposed land access presents a direct and real risk to them or their property, we will ask the landholder to provide information to establish this.
Example
Gayle, an organic cotton farmer, is a landholder of property that’s expected to be part of a proposed transmission route. Transmission Company A has provided notice to Gayle that they will access their property. Gayle has requested Transmission Company A provide details of who is coming onto the property and the activities they will be undertaking, including which chemicals will be brought onto the property. Gayle has asked for this information specifically as the farm is ACO approved as an organic grower and any unauthorised introduction of a biosecurity risk could jeopardise the farm’s certification.
Gayle lodges a complaint with EWOV, concerned about Transmission Company A’s failure to provide biosecurity details. EWOV considers the complaint and decides the proposed land access presents a direct and real risk to Gayle’s farm — permanent damage through the introduction of an unauthorised chemical. EWOV immediately engages with Transmission Company A and Gayle to ensure Gayle is urgently provided the biosecurity information required so access occurs in accordance with LACOP and other requirements.
Providing biosecurity information is a requirement of LACOP under clause 6.2.1(k) and a failure to provide this information could have resulted in Transmission Company A not being entitled to access the land under cl 7.1.1.
Where can I find more information?
To learn more about our investigations of land access, read our Land access investigation stage fact sheet - ewov.com.au/fact-sheets/land-access-investigation-stage.