Skip to main content
ALERT

Greater Western Water billing issues may have affected you. Click for more information or to raise a complaint.

1800 500 509
Start a complaint Start a complaint
1800 500 509

Last updated: 03 Dec 2024

Land access referral stage

How we raise land access complaints.

On this page:

Starting a complaint

To start a complaint with us, call 1800 500 509 (free call), use our live chat or complete our online complaint form. https://energyandwaterombudsmanvictoria.my.site.com/EWOVCustomerService/s/complaints

More information on how to lodge a complaint online can be found on our website: ewov.com.au/start-a-complaint.

When you start a complaint, we usually ask landholders (or neighbours) to provide the following information:

  • contact information (including name, address, contact details)
  • an appropriate authority to act, if the person bringing the complaint (the complainant) is not personally the landholder
  • the transmission project or transmission company the complaint is about
  • whether the complaint has been raised with the transmission company
  • the outcome of the complaint with the transmission company and why the complainant is not satisfied with the transmission company’s response
  • whether there are any time sensitivities or urgencies we should be aware of
  • the outcome the complainant is seeking
  • the basis of the complaint (what has happened)
  • how the complainant is, has been, or would be impacted by the transmission company.

The referral stage

If the complaint is about a transmission company’s proposed access of private land or how a transmission company exercised its land access rights, we consider whether we are able to consider the complaint according to our Charter: ewov.com.au/uploads/main/ewov_charter.pdf.

If we have the jurisdiction to consider the complaint, we progress the complaint to the referral stage for direct resolution between the parties.

What happens at the referral stage

We refer the complaint to the transmission company, and it has 15 business days (three weeks) from this point to contact the landholder and try to resolve the complaint. This time is called the referral period.

At the end of the referral period or after receiving confirmation that the complaint has resolved, we’ll confirm with the parties their understanding of whether the complaint has been resolved. If it has been resolved, we’ll close the complaint.

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

Extending the referral period

If more time is needed to resolve the complaint, a party must request an extension from EWOV before the referral period ends.

The request should include details of:

  • the additional time needed and how it’ll be able to fully address the complaint
  • planned actions during the extension (eg, expert advice will be obtained)
  • efforts taken to contact the landholder and resolve the complaint and whether both parties are engaging in efforts to resolve the dispute, and
  • whether the other party supports the request (if known).

Before deciding whether to extend the referral period, we consult the other party to confirm they understand the request, the reasons for it and whether they consent to the request.

We take into account both parties’ positions on the referral period extension when deciding whether to grant the request or not and we update the parties on our decision.

EWOV only grants one extension unless there are exceptional circumstances.

Bypassing the referral stage for urgent complaints

EWOV usually requires both parties to engage in the referral process. However, we may bypass the referral stage in extenuating circumstances, including:

  • complete breakdown in the relationship and the parties agreeing to bypass the referral stage
  • time-sensitive complaints and EWOV considers it appropriate after discussing the matter with both parties
  • land access is time-critical to the project and the landholder threatens to impede access
  • there are risks to safety or property, or
  • there are compelling reasons from either party.

If a request to bypass the referral stage is to enable a complaint to be investigated urgently, the party must inform EWOV of this and the reasons why referral should be avoided. When deciding whether to grant the request, we consult the non-requesting party but we don’t need their consent.

EWOV will consider the reasons for the urgency, any supporting material, and how the matter can be resolved appropriately. We may decide to:

  • bypass the referral stage and proceed straight to conciliation or investigation
  • negotiate conditions to planned land access or contact between the parties while we handle the complaint, and
  • make other decisions or directions that are reasonable in the circumstances, considering the nature of the complaint and the resolution sought by the parties.

EWOV has the discretion to decide whether to bypass the referral stage and will explain its decision to both parties.

Contact between landholder and transmission company

A transmission company and landholder will usually stay in touch throughout EWOV’s consideration of the complaint, as ongoing contact is often key to a timely outcome and needed for matters not in dispute.

Sometimes, however, contact between a transmission company and landholder shouldn’t continue or continue only with some oversight. In these cases, EWOV will consider:

  • the nature of the parties’ working relationship to date
  • their communication preferences
  • whether ongoing contact is appropriate
  • each party’s’ position on any imminent land access proceeding
  • each party’s needs and whether contact is necessary to resolve the dispute.

EWOV may consider it appropriate to oversee or impose conditions on the parties' ongoing contact. For example, we may require all communication to be in writing or that we are copied into all correspondence.

Example

Jesse, a livestock farmer, is a landholder of property that is expected to be part of a proposed transmission route. Jesse and Transmission Company A have agreed that Transmission Company A can access Jesse’s farm on 16 April. However, the parties can’t agree on an aspect of the land access. Cl 6.2.1 of the Land Access Code of Practice requires Transmission Company A to provide Jesse with certain information, including how it will comply with land management obligations. The areas to be accessed host cattle, and Jesse wants Transmission Company A to construct a semi-permanent fence made of steel to ensure the cattle don’t escape during the land access. Transmission Company A have confirmed that they can’t comply with the request but are considering alternative solutions. EWOV considers the history of the complaint and decides the parties can continue to communicate while EWOV manages the complaint as the parties appear to be making genuine attempts to engage and resolve the issues in dispute.

Resolving a complaint at the referral stage

If a complaint resolves at the referral stage, before the end of the referral period the transmission company must inform EWOV of the resolution, any expert opinions consulted and the likelihood of a permanent resolution. We then confirm with the landholder that the complaint is resolved and close the complaint.

If the complaint is not resolved, the transmission company must contact EWOV at the end of the referral period with their referral response, details of any resolution offered to the landholder, information supporting its position and any other relevant information. We then confirm with the landholder their understanding of the situation.

If unresolved, EWOV will progress the complaint to investigation.

For information about the investigation stage of the complaint process, consult our information on the investigation stage: ewov.com.au/fact-sheets/land-access-investigation-stage.