On Wednesday, an unlikely group of protesters gathered on the front steps of Victoria’s parliament to oppose a piece of legislation that, at least on the surface, appears unremarkable.
For this motley collective, which included farmers, prospectors, volunteer firefighters and animal advocates concerned about the plight of the wedge-tailed eagle, the national electricity (Victoria) amendment (VicGrid Stage 2 reform) bill is a major concern.
They fear the bill will give the government power to access their land without their consent to build transmission towers as tall as 85 metres. If they resist, they could be fined thousands.
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Standing behind a makeshift cage made from farm gates, the rally organiser Andrew Weidemann condemned the bill, saying it made farmers and their families “feel like we’re behind bars”. He blasted the government’s “stupid push for this renewables agenda”. In another cage, a man stood holding a sign that read: “I disagreed with Jacinta.”
Also in attendance was the Victorian opposition leader, Brad Battin, who criticised the government for acting like a “dictatorship” with “draconian measures” that “take away your rights”.
When Battin said the Coalition would oppose the bill and repeal it if elected next year, the crowd cheered.
So is this bill as alarming as some believe and what does it mean for Victorian property owners?
Here’s what we know.
What is the bill?
Introduced to parliament last month, the bill hands responsibility for planning the state’s transmission network from the Australian Energy Market Operator (Aemo) to the government agency VicGrid. It also gives VicGrid the responsibility for developing renewable energy zones.
The bill creates two new funding streams to support communities affected by the construction of energy infrastructure and legislates financial incentives for landholders, who will receive $8,000 per kilometre of infrastructure on their land annually.
But it also provides VicGrid and their contractors power to access private land without consent when required to construct energy infrastructure.
The bill states authorised officers can “use reasonable force to gain entry” to private land “if it is reasonably necessary to do so”. It also prohibits landowners “obstructing, hindering, or delaying the entry of the authorised officer”.
What are the penalties?
Individuals who resist face fines of up to $12,000, while body corporates could be slapped with fines of up to $48,000.
Refusing to provide your name or proof of ownership could result in fines up to $4,000, while interfering with a notice of entry could attract a fine of $1,221.
What rights do property owners have and who can access their land?
Only authorised officers can access land and the bill sets strict rules for them.
They must give written notice of entry to the landowner or occupier at least 30 business days before entry and again 48 hours before. If the officer can’t find the owner of the land, the notice can be published in a newspaper and posted near the property entrance.
Only if an officer has been blocked or disrupted from accessing a property are they able to use force, and only after applying to the magistrates court for an entry order.
The court order allows the officer and other approved people to enter, use reasonable force if needed, bring equipment and be accompanied by police. If at this point you attempt to block their access, the larger fines apply.
A government spokesperson said these powers are intended to be used as a last resort – only when all avenues to reach agreement for voluntary access have failed.
What does the government say?
The Victorian premier, Jacinta Allan, has defended the bill. She said the government and private companies already have the power to forcibly access and acquire land.
“Whether it’s for transport projects, for energy projects, for other projects, there are already arrangements in place for access to land. What this is providing is landowners – through VicGrid – a place where they can work through the these issues,” Allan said.
She conceded some private companies’ dealings with landowners had been “not up to scratch” but said the new legislation would improve coordination.
Allan said more high-voltage transmission lines were needed to connect homes and businesses to “reliable, cheaper and more secure renewable energy” as it comes online and ahead of the closure of “ageing coal-fired plants”.
Battin responded: “We’re not anti-renewable energy but you can’t do it by bulldozing through people’s properties.”
Is it unprecedented in Australia?
Yes and no. All levels of government – local, state and federal – have the power to compulsorily acquire private property in certain circumstances.
In New South Wales, the government similarly set up its own body, EnergyCo, to lead the development of renewable energy zones and the transmission infrastructure needed to support them. EnergyCo holds compulsory acquisition powers but they are only exercised after at least six months of attempted negotiations for voluntary acquisition.
The Victorian government says NSW, South Australia and Tasmania have fines for landowners for denying entry to authorised officers.
Who will be affected?
In late 2024, VicGrid released a draft plan that identified seven renewable energy zones in the state that could host renewable projects, including wind turbines, solar farms and battery storage.
Several travel through agricultural areas, angering farmers, who have also been subject to an increased emergency services levy in recent weeks by the Allan government (though it has been paused this year due to drought).
That levy has also been criticised by volunteer firefighters, who joined Wednesday’s rally, as well as animal activists who say windfarms pose a deadly risk to endangered wedge-tailed eagles.
The VicGrid plan will be finalised later this year and will also include proposed transmission line routes. It includes projects already committed to or expected by Aemo, such as the Victoria to NSW Interconnector West and the Western Renewables Link, a 190km transmission line from Bulgana in western Victoria to Sydenham in Melbourne’s north-west.
Both projects have faced substantial delays, in part due to community opposition.
But the government appears determined for them to press ahead. The bill is expected to pass the lower house on Thursday and then move to the upper house next sitting week.
