Last updated: 03 Dec 2024
Obligations under the Land Access Code of Practice
Electricity transmission companies have obligations under the Land Access Code of Practice (LACOP).
On this page:
About the obligations
Some obligations are general, and others specifically apply:
- before, during and after a transmission company is accessing private land under section 93 of the Electricity Industry Act 2000 (the Act)
- before entering into a land access agreement with a landholder.
The following information summarises a transmission company’s obligations under LACOP. This is a summary only and landholders who are impacted by LACOP are encouraged to review the code of practice: esc.vic.gov.au/electricity-and-gas/codes-guidelines-and-policies/land-access-code-practice
The Code sets out transmission company requirements, including:
- information that must be provided prior to entering into access agreements or accessing private land under s 93 of the Act
- dispute resolution, record keeping and reporting obligations under the Code
- obligations of contractors on behalf of a transmission company when they are:
- accessing private land under section 93 of the Act on behalf of a transmission company, or
- contacting landholders regarding proposed access to private land on behalf of a transmission company.
The Code does not apply to:
- access if the purpose is for operating or maintaining existing electricity transmission assets
- land which is accessed in accordance with a voluntary access agreement entered into prior to 1 March 2024
- land access which is not private land (such as national parks).
Obligations before land access under section 93 of the Act
Under Part 2 of the Land Access Code of Practice, electricity transmission companies have obligations prior to:
- entering into an access agreement, or
- accessing land under section 93 of the Electricity Industry Act 2000 (the EIA).
There are some exceptions to the below, including when:
- the notice requirements do not apply from when all affected parties of the private land have entered into an access agreement, or
- in an emergency.
Provide information about new transmission projects or upgrades
The transmission company must publish on its website:
- as soon as reasonably practicable in the planning phase of the project, details of the project and the proposed timeline and key milestones for the project and provide updated versions as soon as reasonably practicable if the information changes
- a plain English summary of their obligations under the LACOP, including the option to enter into an access agreement and the rights of landholders under section 93 of the EIA
- an explanation of what input is likely to be requested from landholders and other impacted parties and why, and at what stage(s) of the project
- timely updates of progress about the project or upgrade.
Obligation to consult
A transmission company must:
- consult with landholders and other interested parties
- identify all landholders and interested parties and keep a written record of the steps it has taken to identify those parties
- inform all landholders and interested parties of the proposed access
- inform all landholders and interested parties of the opportunities to participate in consultation on the works for the land access
- consult with landholders to understand site specific biosecurity needs, including any:
- applicable biosecurity management plans
- property-specific needs associated with fire risks, health risks or cultural heritage protection.
Must provide an accessible point of conduct
A transmission company must:
- provide all landholders and other interested parties with the contact details of a contact person (their first name, role, telephone number and email address)
- respond without reasonable delay to contact made by a landholder or interested party in relation to land access during business hours or where the reason for contact reasonably necessitates, outside of business hours.
Must communicate and engage
A transmission company must:
- have regard to and consider feedback and any land access requirements from landholders and interested parties
- prior to any person making contact with any person about land access on their behalf, must ensure that person:
- has the relevant skills, training and qualification to undertake their allocated tasks
- has had training in appropriate and effective stakeholder engagement
- identifies themselves and who they work for, and the full purpose of the contact in their communications (whether written or verbal)
- carries appropriate identification sufficient to identify that person and who they work for when accessing any land and can produce that identification on request
- ensure that all notices, information or documents required to be provided are written in plain English and include contact details of translation and interpreting services
- on written request by a landholder, provide the outcomes of its surveys and other relevant investigations in relation to the private land owned or occurred by the landholder, other than personal information about another person, confidential information or commercially sensitive information. Occupiers (tenants) must first provide evidence of written consent from the landholder before the transmission company will provide the requested information to the occupier.
Must provide information on access rights and obligations
Prior to giving a notice of access or entering into an access agreement, a transmission company must provide notice, information or other documents to all affected parties that clearly explains:
- the rights of the affected party and the rights and obligations of the transmission company under s 93 of the EIA and the LACOP, including obligations for making compensation for any damage sustained
- mitigation and compensation protections that apply to access under section 93 of the EIA, and including obligations for making full compensation for any damage sustained and any requirements regarding compensation that may apply under the Land Acquisition and Compensation Act 1986
- how the rights and obligations of the transmission company and the rights of affected parties differ under s 93 of the EIA and the terms of any access agreement
- the effect of entering into any access agreement, including the purpose and effect of any payments that are made by the transmission company under an access agreement
- the right of affected parties to refer a complaint to EWOV if they are not satisfied with a transmission company’s response in relation to the complaint (including EWOV’s contact details).
Information on proposed access
After providing all the required information listed above, and in the absence of a land access agreement, a transmission company may enter private land under s 93 of the EIA provided the transmission company provides a notice of access prior to accessing the land. The notice of access must:
- be sent at least 20 business days after providing information on access rights and obligations and at least 10 business days prior to the start of the access period
- specify the access period and the planned dates and times of access to land during the access period
- specify details of the access and any updates to that information
- specify the right of affected parties to refer a complaint related to access under s 93 of the EIA or compliance with the LACOP to EWOV if they are not satisfied with the transmission company’s response in relation to the complaint.
Electricity transmission companies must also send a reminder to each affected party at least 48 hours before each proposed access during the access period by writing in person or by telephone, email or text message (so long as the affected party has been notified that a reminder may be sent via such means).
A notice of access will:
- only remain valid for the access period set out in the notice of access (which cannot exceed six months)
- apply to all instances of land access that occur within the access period.
If a transmission company wishes to access land after the expiry of the access period, it must provide a new notice of access (which can be provided prior to the expiry of the previous notice of access) that:
- explains why continued access to the land is necessary, and
- specifies the new access period, the planned dates, details and times of access during the new access period.
Changes to notified access
A transmission company must:
- not postpone or change the dates or times of access from those set out in the notice of access, or any other details, unless the postponement or change is due to circumstances beyond their reasonable control
- for any postponement or change, must use its best endeavours to:
- contact the affected parties at least 48 hours before the original planned date and time of access set out in the notice of access
- use the form of communication for such changes set out in the notice of access, or via telephone, email or text message, and
- record the changes and the reason(s) for the changes.
An affected party may request that the transmission company change the planned dates or times of access set out in the notice of access, or any amended dates and may propose alternative dates or times for access. If an affected party makes a request to change the planned access dates, the transmission company must:
- consider the request in good faith
- advise the affected party whether it agrees to the request
- advise all affected parties impacted by the request of the amended date and time of the proposed access if it agrees to the request, and
- promptly provide reasons to the affected party if it does not agree to the request, before accessing in accordance with the dates and times set out in the notice of access.
Where can I find more information?
The Essential Services Commission: esc.vic.gov.au/electricity-and-gas/codes-guidelines-and-policies/land-access-code-practice