Submissions for the latest round of consultation on a proposal to develop an enforceable code of practice on land access by energy companies are about to close.
The Essential Services Commission code will place enforceable obligations on electricity transmission companies, when they seek to gain access to land under section 93 of the Electricity Industry Act 2000.
The section allows electricity companies to enter land, sink bores or make surveys or "all other things necessary or convenient for constructing, maintaining, altering, or using any works or undertakings of, or under the control of, the electricity corporation"
An ESC spokesperson said in late 2021, the organisation "began hearing strong community concerns for the use of section 93 of the Act by electricity transmission companies to access land for transmission projects.
"Recognising the urgency of these land access issues faced by landowners, we developed a statement of expectations as an interim measure to be in place pending the development of an enforceable access code.
"During the consultation of the statement of expectations, the community reiterated to us the need for an enforceable instrument to set out parameters for how energy companies can use their powers under s93 of the Act."
Tourello potato farmer Katherine Myers said it was essential farmers had their say.
"It's essential there is a clear code of practice as to how energy companies deal with landholders when accessing their properties" Ms Myers said.
"It's quite ludicrous to think that when this legislation was written in the late 1990's, they hadn't included anything about how people negotiate around the process," she said.
The issue had been brought into sharp focus with recent proposals by AusNet to build above-ground high-voltage transmission lines and 80-metre tall towers across western Victoria.
"I think the AusNet thing has really demonstrated that if we don't have any regulatory oversight, and we let these private companies decide how they think it's appropriate to deal with landowners, the process really falls apart very quickly," Ms Myers said.
"They can't be trusted."
Read more: High-voltage fight over power lines
She said landowners were being treated as "second class citizens" through the process.
It was not too late to lodge a submission with the ESC, she said.
'This is a great opportunity to be heard and make sure you have the input to the process," she said.
Victorian Farmers Federation Land Management committee chair Gerald Leach said the code would build on the statement of expectations, released as an interim measure, which applied to access to land for technical studies.
He said some energy companies had informed the ESC that there were no issues with existing powerline easements on farm.
"This is a chance to make sure there are clear rights and responsibilities in relation to access to farm," Mr Leach said.
"The regulators need to hear your experiences with energy companies."
He said issues the VFF was aware of included permits to use tractors under powerlines; failure to inform owners of changed policy on easements; refusal to give notice or inform landholders what chemicals had been used on site; failure to close gates; damage to crops and materials left on site causing damage to machinery.
Feedback on the consultation paper via the Engage Victoria website is open until 5pm, March 3, 2023
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Andrew Miller
I'm a general reporter with Stock & Land, with a special interest in irrigation issues. I completed my cadetship, with the Age, in 1980. Over my career, I've worked for ABC radio news (Mt Isa, Qld) and at provincial and suburban newspapers.
I'm a general reporter with Stock & Land, with a special interest in irrigation issues. I completed my cadetship, with the Age, in 1980. Over my career, I've worked for ABC radio news (Mt Isa, Qld) and at provincial and suburban newspapers.
