IN what initially appeared to be good news for farmers, in late 2023 it was announced that a new Land Access Code of Practice will take effect on March 1, 2024.

The idea of this Code is to provide protection to farmers who are required to have electrical transmission lines ran through their property.

However, when you check the fine print, the circumstances in which the Code will apply are very specific. In fact, it would be applicable to very few agreements, given it doesn’t apply to existing transmission lines, or new transmission lines on existing easements, or even to any future transmission line agreements.

The only impact the Code will have is where the landholder and the electricity transmission company cannot come to an agreement, and the company seeks to enforce their statutory right to access private land under section 93 of the Electricity Industry Act 2000. In that circumstance the terms of the Code would therefore apply at all stages of that process.

VFF President Emma Germano said the Essential Service Commission’s (ESC) newly released Land Access Code of Practice falls short of offering farmers the protections they need.

“Whilst the code is a positive step forward, it will not apply to existing transmission lines, and we are concerned that it will not apply to new transmission lines once they have an easement in place.”

“We believe the code should apply to whole of life of transmission assets. This view was supported by other stakeholders including the Australian Energy Infrastructure Commissioner.”

“The Victorian Government needs to take action to ensure the rights of all landholders are protected moving forward,” Ms Germano said.

  Ms Germano added the VFF had been consulted as part of the ESC’s work to develop the code, making an important contribution to ensuring the protection of biosecurity.

“The need for biosecurity to be protected has been acknowledged in the code and transmission companies will be required to consult with landholders about farm biosecurity management plans and practices before entering their land.”

“Some transmission companies attempted to water down these biosecurity requirements. We are pleased that the ESC has taken advice from the VFF and Agriculture Victoria.”

Ms Germano said work to create a stronger framework was underway.

“We need comprehensive rules and guidelines to ensure transmission companies are respecting the rights of farmers, including protecting farm biosecurity.”

“The VFF is undertaking work to design options for a code of practice for transmission development similar to the existing Code of Practice for Mineral Exploration.”

“We are also in discussions with government and industry stakeholders to ensure there is training and accreditation for transmission companies to ensure their representatives follow these rules and respect farmers’ rights,” Ms Germano said.