On 13 February 2025, the Essential Services Commission (ESC) granted Transmission Company Victoria Pty Ltd (TCV) an electricity transmission licence.
This significant decision grants TCV statutory powers under both the Electricity Industry Act 2000 and the Land Acquisition and Compensation Act 1986.
Below we outline the land access rights and compulsory acquisition powers that accompany this licence, providing clarity for landowners and stakeholders.
LAND ACCESS RIGHTS UNDER THE ELECTRICITY INDUSTRY ACT 2000
Transmission Company Victoria’s land access rights are governed by the Electricity Industry Act 2000 and the Land Access Code of Practice. These regulations aim to ensure a balance between the company’s operational needs and the rights of landowners.
Key Points:
1. Statutory Powers: Under section 93 of the Electricity Industry Act 2000, Transmission Company Victoria has statutory powers to access private land for planning, designing, and constructing new transmission projects. This includes the VNI West Project.
2. Land Access Code of Practice: TCV will be required to comply with the Land Access Code of Practice which outlines the processes and obligations that TCV must follow when accessing private land. A copy of that code is available here.
This includes:
-
Consultation and Notice Requirements: TCV must engage with landowners and provide detailed information before accessing land. This ensures transparency and allows landowners to understand the scope and impact of the proposed works.
-
Risk Management: The code mandates specific environmental, fire, and health risk management obligations to minimize the impact of land access.
-
Dispute Resolution: The Energy and Water Ombudsman of Victoria is designated as the independent third-party dispute resolution body for matters related to land access
COMPULSORY ACQUISITION POWERS UNDER THE LAND ACQUISITION AND COMPENSATION ACT 1986
In addition to land access rights, Transmission Company Victoria now possesses compulsory acquisition powers under the Land Acquisition and Compensation Act 1986. These powers enable the company to acquire land necessary for public purposes, including the easements necessary for the VNI West Project.
Key Points:
1. Acquiring Authority: Transmission Company Victoria is recognized as an acquiring authority under the Land Acquisition and Compensation Act 1986. This designation allows the company to acquire land either by agreement or through compulsory acquisition.
2. Compulsory Acquisition Process: The process for compulsory acquisition is strictly regulated to protect landowners’ rights. Key steps include:
-
Notice of Intention to Acquire: TCV must issue a formal notice to the landowner, outlining the intention to acquire the land and the reasons for the acquisition
-
Compensation Assessment: A qualified valuer assesses the market value of the land and any associated compensation. This valuation can be disputed by the landowner.
-
Dispute Resolution: If disputes arise regarding the acquisition or compensation, landowners can seek resolution through negotiation or the courts under the Act.