The Victorian Government has introduced major changes to the Electricity Industry Act 2000, altering when and how private land can be compulsorily acquired for transmission and renewable energy projects. The amendments received royal assent on 11th March and have immediate impact, allowing acquisition to occur earlier in the planning process than before. These changes affect landowners statewide, especially those near current or future transmission corridors.
1. Broader Powers to Acquire Easements Earlier
The new amendments insert the words “are or may be required” into the legislation meaning transmission companies can now acquire easements even where a project’s exact route or final approval is not yet confirmed.
This change significantly lowers the threshold for compulsory acquisition and allows access to land before certainty exists that the easement will ultimately be needed, allowing acquisitions on a speculative basis.
2. Land Acquisition Can Now Occur Before the EES is Completed
Under the previous framework, compulsory acquisition of easements generally occurred after the completion of an Environmental Effects Statement (EES), where EES was required.
The new amendments allow acquisition to proceed concurrently with the EES rather than sequentially. This means:
- Transmission companies may begin compulsory acquisition while environmental impacts are still being assessed.
- Easements may be acquired for projects that could later be substantially modified or even refused following EES outcomes.
This change is particularly relevant for landowner in the VNI West corridor which is currently subject to an EES.
3. The Changes Apply to All Powerline Easements
The amendments are not limited to high profile projects such as VNI West. They apply to all easements for transmission or distribution powerlines, enabling early acquisition for any project that “is or may be required” under the Electricity Industry Act.
This expands the scope of projects where early compulsory acquisition may occur and increases the number of landowners who may be impacted.
WHAT THIS MEANS FOR LANDOWNERS
For landowners, the practical effect is that transmission companies may commence the process of acquiring easements earlier and with less certainty about the final form of the project.
- Begin compulsory acquisition while the project design and environmental assessment remain unfinished.
- Acquire easements based on projected or potential need rather than confirmed necessity.
- Proceed without waiting for final environmental approvals.
WHAT LANDOWNERS SHOULD DO NOW
1. Engage Early
Given transmission companies can commence the compulsory acquisition process earlier than previously, engaging with a legal representative as soon as possible in the process is more vital than ever.
With respect to VNI West in particular, we understand that additional benefit payments are available to landowners who enter into relevant agreements until 1 July 2026 at this stage.
Early engagement with the VNI West Project in particular, strengthens your negotiating position and ensures all impacts economic, operational, and lifestyle are properly considered.
2. Gather Evidence
Collect any records that demonstrate:
- Property impacts
- Business or farming disruption
- Environmental or operational constraints
- Market value considerations
This documentation will be essential in any compensation process.
3. Understand the Critical Timelines
In addition to engaging early in the process, landowners need to be aware of critical deadlines within the compulsory acquisition process.
Ongoing legislative changes are likely to occur as more energy related reforms progress through Parliament and receive Royal Assent. We recommend keeping updated on these changes if you believe you are likely to be affected.
4. Seek Professional Advice
With the thresholds for acquisition broadened and environmental processes no longer acting as a timing safeguard, legal advice is more important than ever. The earlier you engage, the more options you have, and the stronger your position with respect to the negotiation of compensation and other terms will be.
REMAIN INFORMED AND PROTECT YOUR INTERESTS
These legislative amendments represent a significant shift in Victoria’s approach to transmission planning and land acquisition. While designed to accelerate renewable energy development, they have real and immediate implications for landowners.
Remaining informed, understanding your rights, and getting advice now is the best way to protect your interests as these changes continue to unfold.
Our team is ready to assist affected landowners. For more information please contact Josh Ennis on (03) 5445 3333 or jennis@becklegal.com.au
