"Who Has The Power?" is a guide developed by Property Rights Australia and Marland Law to inform landowners of their rights regarding the access to private land by Powerlink and their contractors for the establishment of new powerline corridors.
Landowner Consent
Landowners have the right to consent to Powerlink's access to their land for initial investigations. If consent is given, Powerlink must meet certain conditions, such as providing at least 48 hours notice in writing before access, providing a map indicating the areas they want to investigate, complying with the Biosecurity Act, taking steps to prevent the outbreak of fire, and respecting the landowner's property and livestock (Page 2).
Access without Consent
Powerlink can access private land without the landowner's consent if the Co-Ordinator General has declared the project as a "project of state significance" or a private infrastructure facility designation. The activities Powerlink may undertake under this authority include inspections, investigations, valuations, surveys, and construction-related activities (Page 3).
Acquisition and Compensation
Powerlink has the power to resume land for the establishment of powerline corridors, but they must provide notice to impacted landowners and comply with extensive protocols. Landowners can negotiate with Powerlink on the preferred route and compensation without the need for the land to be resumed. If an agreement cannot be reached, Powerlink can issue a "Notice of Intention to Resume" (NIR), and landowners may lodge an objection to the NIR within 30 days (Page 5).
Property Rights Australia (PRA)
PRA was formed in 2003 to protect property rights, including rural property rights. It is a not-for-profit and apolitical organization. PRA provides a support network for members in important property rights matters, scrutinizes the scientific basis used by the government to justify their policy decisions, supports legal test cases and matters of significance to protect and enhance property rights, promotes sustainable natural resource management, and holds government and government officers accountable for actions that affect property rights (Page 7).
This guide is intended to be general information only, and it is advised that landowners obtain legal advice prior to allowing any entry and for any subsequent steps in the process.
To read or download the guide, click the link below.