Ombudsman, code of conduct, call for all utility companies

Bulla grain and livestock producer Alan McKenzie and the St Arnaud's branch of the Victorian Farmers Federation have independently called for the appointment of an Ombudsman.

St Arnaud's branch president Colin Coates said a resolution calling for the appointment of an Ombudsman, to reduce and manage land use conflict, would be presented to this month's VFF conference.

"The ombudsman would also review the policy settings around the development of renewable energy facilities and associated infrastructure to ease the growing friction between agricultural developments and agricultural production," the resolution reads

The role of the ombudsman would be based on that of the NSW Agricultural Commissioner.

It comes as power line planners admit they don't have legal authority to force access onto farm land

Mr Coates said producers wanted an ombudsman who would understand primary producers and would not be a bureaucrat.

"The renewable energy situation has no regulation, so we haven't got much protection," Mr Coates said.

He has a livestock and cropping operation west of St Arnaud, and said he hoped an Ombudsman would have input into negotiations and compensation.

"We are being divided by the companies, whereas an Ombudsman would be able to have an overview of what is good for agriculture," he said.

The APA Group is building the Western Outer Ring Main gas pipeline on a 20 metre easement, through part of Mr McKenzie's land at Bulla.

In a letter to the VFF Mr McKenzie said there had never been a Code of Practice for anyone entering farms for construction and/or maintenance of public utilities.

"These same utilities are constructed under state or federal acts of parliament, at present the primary producer must attempt to force compliance through a Land Access agreement," Mr McKenzie said.

"The farmer has no access to any governmental authority to lodge a complaint regarding the conduct of the staff and contractors of the construction and maintenance companies."

He said biosecurity, property and equipment, as well as animal and crop security, were all put at risk.

Farmers were concerned about the introduction of exotic diseases and toxic weeds, through the lack of adherence to standard biosecurity protocols, he said.

"It is fair to say that public utilities and construction and maintenance companies are stakeholders in the supply chain, and therefore have a legal responsibility to ensure biosecurity protocols are adhered to," he said.

He said he believed Meat & Livestock Australia and Agriculture Victoria should take an educational and compliance role, when utilities rolled out on food and fibre producing properties.

The Land Compensation Act failed to appropriately compensate food and fibre producers for the installation of power lines, water, sewerage and gas mains and telecommunications infrastructure.

"We need a clear Code of Conduct for all utilities entering food and fibre producing properties, in Victoria, an Agricultural Ombudsman and vastly improved compensation, when compared to wind towers," he said.

"At sale, livestock producers are obligated to provide a certificate on vaccination, medications, any feed contaminants, and harmful exposures." he said

"Likewise, crop producers must be aware of exposure to chemical and toxic contaminants pending sale for livestock or human consumption."

Mr McKenzie said he'd had problems with the current construction of the pipeline being installed on his property.

Cattle had escaped twice, once onto Sunbury Road, and the second time into the easement where the pipeline was being laid

"The contractors didn't know the cattle all had a National Livestock Identification tag, identifying them back to me," he said.

"They thought they could just accept responsibility if the cattle got out onto the road - I said to them it doesn't work that way."

He said if the cattle escaped from the property and someone was injured, part of the blame would be apportioned to him.

Drilling equipment being used on the Bulla property could have come from anywhere in Australia, potentially bringing weed seed or diseases with it, Mr McKenzie said.

Ground disturbed for the pipeline had seen the spread of brassica, which was already on the property, but would now have to be sprayed out.

Mr McKenzie said it appeared no-one was doing any inductions for utility companies coming onto farm land - "it's up to the farmer to do biosecurity inductions.

"We are the only ones on the 50-kilometre gas main, who have required the gas company to do inductions," he said.

An APA spokeswoman said the company took biosecurity risks very seriously.

"Management of these risks across pipeline corridors form a key part of APA's regulator-approved Construction Environmental Management Plan," the spokeswoman said.

"As part of our engagement with landholders, we provide opportunities to discuss biosecurity arrangements on the pipeline alignment prior to construction commencement."

Practices to manage risks included inspection and certification of all construction plant and vehicles that they were free of weeds, seeds and soil material, prior to arrival at the construction area.

Every vehicle also carried a signed weed hygiene record, validating it as being in clean condition.

APA also undertook regular inspections of contractor plant and machinery, prior to their entry on public roads.

"On the WORM (Bulla) project specifically, APA and its contractor has also incorporated biosecurity hygiene stations specifically targeted at the prevention of chytrid fungus introduction/spread in proximity to Merri Creek and maintained observation for the presence of phytophthora in proximity to work areas," the spokeswoman said.

"APA and its contractor regularly monitoring government websites and follow 'watch and act' advice."

The state government has been contacted for comment.

The VFF annual conference will be held at the MCG on July 24 and 25.