AUSTRALIA Law and Practice Contributed by: Alexander Danne, Roy Groom, Rohit Venkat and Georgia Summerhill, Clayton Utz
Commonwealth EPBC Act referral and approval is required where the project may impact matters of national environmental significance. Public participa- tion through exhibition and submissions is mandatory for major transmission projects, and timelines of three to seven years or more from concept to construction approval are common for large-scale lines. Land Access and Easements Necessary easements are acquired through com- mercial negotiation with landowners where possible. Where agreement cannot be reached, transmission authority or licence holders may access compulsory acquisition powers under state legislation. In Queens- land, this occurs through the Acquisition of Land Act 1967 after obtaining ministerial authority under sec- tion 116 of the Electricity Act 1994. In NSW, the Land Acquisition (Just Terms Compensation) Act 1991 pro- vides the framework. In Victoria, compulsory acquisi- tion is available under the Land Acquisition and Com- pensation Act 1986. Western Australia’s framework operates under the Land Administration Act 1997. In each case, the acquiring entity must demonstrate that negotiation has been exhausted and that the acqui- sition is for a public purpose. Proponents must also obtain vegetation clearing permits and any wayleaves identified during the planning process prior to com- mencing construction. Social licence challenges, including route selection disputes, landholder opposition and visual amenity concerns over agricultural land, have become a sig- nificant factor in project timelines across all jurisdic- tions, particularly for the REZ transmission build-out currently underway across the NEM. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities The conditions imposed on transmission approvals are broadly comparable to those for generation facilities (see 3.3 Approvals to Construct and Operate Gen- eration Facilities ), with several distinctions reflecting the linear nature of transmission infrastructure and its interface with multiple landholders along a corridor. Typical conditions include biodiversity offset require- ments, construction and vegetation management
plans, bushfire management obligations, electro- magnetic field (EMF) compliance limits, and visual screening or undergrounding requirements close to sensitive receivers. Noise conditions apply principally to substations and converter stations rather than the transmission lines themselves. A key distinction from generation approvals is the emphasis on easement and corridor management. Conditions routinely prescribe ongoing vegetation clearance requirements within the easement, access protocols for maintenance, and restrictions on third- party land use within the corridor. Community benefit sharing arrangements, such as neighbour payments and community investment funds, are increasingly expected by planning authorities and host communi- ties as a condition of social licence, particularly for projects traversing agricultural land. The amendment process mirrors that for genera- tion – ie, modification applications are lodged with the relevant planning authority, with the level of re- assessment and public consultation proportionate to the significance of the proposed change. For major transmission projects, route realignments to avoid complex terrain, heritage sites or areas of community concern have become common during the approvals process, with the AEMO’s Transmission Cost Data- base now incorporating costs associated with mean- ingful community engagement and route deviation. 4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities Unlike generation proponents, transmission entities generally do have compulsory acquisition and ease- ment powers under state legislation (see 4.2 Obtain- ing Approvals to Construct and Operate Transmis- sion Lines and Associated Facilities for detail on the applicable legislation and process in each jurisdiction). Compulsory acquisition of easements (rather than freehold) is the more common form of acquisition for transmission corridors. The process typically requires ministerial authorisation, demonstration that negotia- tion has been exhausted, and payment of just terms compensation. TNSPs in practice seek to negotiate voluntarily where possible to maintain social licence,
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