$12,210 penalty: For farmers blocking transmission companies land access

Landholders who face having their properties carved up by new transmission lines say they will lock out transmission companies, despite the Allan Government’s looming threat of $12,210 penalties

Farmers fighting to stop transmission lines carving up their land face hefty new penalties if they try to stop power companies entering their properties.

Landholders who face having their properties carved up by new transmission lines say they will lock out transmission companies, despite the Allan Government’s looming threat of $12,210 penalties.

The Victorian government, under a bill tabled to parliament last week, will give transmission companies new powers to enter private property without consent, with any landholder obstructing access facing a fine of $1221 or penalty of $12,210 if they go to court.

The bill also grants the government-owned transmission corporation VicGrid the same access powers.

Gre Gre North farmer Jason Barratt, who faces 5km of his property being carved up by the 500kV VNI West powerline, said the government was engaged in “complete thuggery”.

“It (the penalty) doesn’t change a thing,” he said. “We’re still going to turn out in force at people’s gateways to defend our right, to protect our land.”

Up until now, there were no applicable penalties on landholders who blocked entry to their properties, with transmission companies forced into a lengthy process of seeking a Supreme Court order to gain access.

But Energy Minister Lily D’Ambrosio has lowered the legal bar and imposed the penalties in a bid to fast-track the state’s transmission and renewables rollout, by allowing VicGrid and transmission companies to seek access orders from the Magistrates Court.

The government has made it clear legal action is a measure of last resort, which can only occur after a transmission company has exhausted all attempts to gain voluntary access under the Essential Services Commission’s Land Access Code of Practice.

But Ms D’Ambrosio’s second reading speech on the National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Bill 2025 states a new provision has been introduced “that enables authorised officers, accompanied by officers of electricity corporations to enter private land without owner or occupier consent”.

“New section 93BH provides that an authorised officer may apply to the Magistrates’ Court for an entry order for various grounds, including that entry to the land in accordance with sections 93 or 93BC, or the exercise of a power under section 93 in respect of that land, has previously been refused, hindered, delayed or obstructed,” the speech stated.

“The Magistrates’ Court may grant an entry order if satisfied on the evidence, that there are reasonable grounds for making the order (new section 93BJ (1)).

The order allows an authorised officer “to use reasonable force to gain entry if it is reasonably necessary to do so, including to remove any obstruction”.

Sections 93BG and 93BM of the Bill state the “owners and occupiers of the land subject to such an order, and every other person, are prohibited from obstructing, hindering or delaying the entry of the authorised officer.

The order also empowers authorised officers to give a warning or direction and imposes “a number of new offences to facilitate entry and the undertaking of the section 93 functions”.

Authorised officers can issue infringement notices of up to $1221.

If the landholder continues to refuse access, then the Bill allows for court imposed penalties of up to $12,210.

The bill has major implications for the rollout of the Western Renewables Link and VNI West Interconnector transmission lines across western Victoria.

Victorian Farmers Federation Brett Hosking said the government and transmission companies should be “engaging meaningfully with landholders, not threatening them with fines and penalties”.

“Unfortunately they’ve upset landholders so much they may never reach agreement,” he said.

The Bill includes several new penalties, some of which state it is an offence to:

HINDER, delay, or obstruct an authorised activity without reasonable excuse, attracting a maximum of 60 penalty units or $12,210.

FAIL to identify yourself to an authorised officer by stating your name and address and request for production of evidence of their ownership or occupancy of the land – 20 penalty units or $4070.

OBSTRUCT, damage or destroy a notice of proposed entry affixed under section 93BD – 6 penalty units or $1221.

Coalition energy spokesman David Davis said “this is (Premier) Jacinta Allan’s big stick”, rather than engaging properly with local communities.

“She is determined to force these changes no matter what …(and) wants unbridled power to crash through,” he said.

The Bill also:

DIRECTS VicGrid feed all access fees it collects from solar, wind and other renewable generators connecting to the grid in renewable energy zones into the “REZ scheme fee account”, with some of the funds directed into a REZ Community Fund and traditional owners Fund.

TRANSFERS responsibility for transmission network planning from the Australian Energy Market Operator to VicGrid.