In Victoria’s west, twelve farmers have been issued infringement notices totaling $814 each for denying authorised officers access to their private properties. These officers require entry to conduct essential surveys and assessments for the proposed VNI West transmission line project. Six additional formal warnings were also issued to other landowners for similar refusals.
VNI West Project and Land Access
The VNI West project is a significant infrastructure undertaking that requires detailed land assessments to determine the suitability of the planned route. Authorised officers, acting on behalf of the project’s planning bodies, need to access private land to evaluate potential agricultural, environmental, cultural, and heritage impacts. This groundwork is crucial for the project’s progression.
The fines were issued by the Victorian government’s Department of Energy, Environment and Climate Change (DEECA). The notices cite farmers for preventing officers from entering their land “without reasonable excuse hindering, obstructing or delaying authorised activity.” DEECA has been approached for further comment on the matter.
Farmer’s Response and Legal Challenge
Trent Carter, a stud sheep farmer from Marnoo and one of the recipients of the fine, has stated his intention to contest the penalty in court. Carter expressed his refusal to pay the $814 fine, viewing the situation as a broader issue concerning property rights.
“It’s a wake-up call to every property owner around the country whether rural or residential,” Carter remarked. “What we think is ours, isn’t necessarily ours and it’s open slather for governments to come in and do what they’d like to do if they want.”
He added, “I’ll be seeking legal advice going forward, we’ve got to represent everybody else who’s a property owner and set a precedent, not get bullied.” Carter believes that challenging the fine is essential to establish a precedent for property owners facing similar situations.
VicGrid’s Stance and Farmer Concerns
VicGrid, the organisation responsible for planning the transmission works, has clarified that it does not issue infringement notices and cannot influence the outcome of any legal proceedings. A spokesperson for VicGrid stated that the organisation has consistently endeavoured to secure voluntary agreements with landowners over an extended period.
“We’ve increased access and early benefit payments, agreed on-site inductions and seasonal timing requirements and offered landholders the opportunity to choose their own survey specialists,” the spokesperson said. VicGrid highlighted its efforts to collaborate with landholders, offering enhanced benefits and flexible arrangements.
However, VicGrid also reiterated that under the Electricity Industry Act 2000, transmission companies possess established powers to access land for activities necessary to plan and maintain transmission infrastructure, including conducting surveys. This legal framework underpins the authorised officers’ right to access properties for project-related assessments.
Ongoing Landholder Disputes
The conflict between farmers and authorities regarding land access for transmission projects is not new. Landholders have previously voiced strong opposition, threatening to deny access despite warnings of substantial fines and potential confrontations with law enforcement.
Mr. Carter elaborated on the difficulties encountered during the planning process, citing issues with communication and the timing of access requests. He noted that requests for access often coincided with critical periods for farming operations.
“They were trying to gain access in mid April in the middle of sowing. Last time it was the middle of harvest,” he recounted. “I said to [government] we were at the beginning of our lambing season which runs from April to mid August. During lambing minimal disturbance is required to ensure animal welfare standards are met.”
These timing conflicts underscore a central point of contention: the need for authorities to balance project requirements with the practical realities and animal welfare considerations of agricultural operations. The farmers’ resistance highlights a desire for greater consultation and accommodation of their seasonal farming schedules.
The VNI West Project Context
The VNI West project aims to bolster Victoria’s electricity transmission network, connecting the state to South Australia’s grid. Such large-scale infrastructure projects often involve navigating complex land access negotiations with numerous private property owners. The project’s proponents emphasize the necessity of these surveys for ensuring the project’s viability and minimizing its impact on the surrounding environment and communities.
The fines issued represent a significant escalation in the dispute, moving from warnings and negotiations to formal penalties. The outcome of Trent Carter’s legal challenge could set an important precedent for how future land access disputes for major infrastructure projects are handled in Victoria.
