Update on the Alliance’s legal actions

On 10 May 2023, Judicial Registrar Keith of the Supreme Court of Victoria presided over a Directions Hearing with the legal representatives of the Moorabool and Central Highlands Power Alliance (the Alliance) and the Victorian Government. The Hearing was in relation to an application made by the Alliance on 21 April 2023 challenging the VNI West and WRL Ministerial Order (Order) made on 20 February 2023 by the Victorian Minister for Energy and Resources, Hon. Lily D’Ambrosio, in consultation with the Victorian Premier, Treasurer and AEMO under the National Electricity (Victoria) Act 2005 (Vic). Judicial Registrar Keith made timetabling orders for the steps required to bring the matter to trial, recognising the need to expedite the proceeding in the public interest.  The matter is expected to return to the Court for further directions in late June or early July.

This is the second of two legal actions that the Alliance is undertaking.

As we have previously advised our members, the Alliance filed an application in the Supreme Court of Victoria  on 23 December 2022. The application sought judicial review to quash the 4 November 2022  decision by the Australian Energy Market Operator (AEMO) that option C2, which led to the Western Renewables Link (WRL) Project, remains the preferred option to resolve transmission issues in Western Victoria. Further detail is available here. If the application is successful, under the law AEMO would be required to revisit its decision that the WRL, as proposed for well over 3 years, remains the preferred solution.

The Court set the date of 22 February 2023 for a Directions Hearing to establish the timetable for the next steps of the legal action. Prior to this date, and as encouraged by the Court, the Alliance’s legal team and AEMO’s lawyers had already reached agreement on the proposed timetable and were waiting for Court approval.

However, the process was disrupted on 20 February 2023 by the publication of the Order.

The reasons published with the Order explain why it was made and emphasise the need to ensure the ‘timely delivery’ of VNI West. The Order itself gave an extensive range of functions to AEMO including the investigation of alternate connection points for VNI West into WRL and the determination of changes to WRL that may be required.

Significantly, the Order also disapplied sections of the National Electricity Law (NEL) which the WRL and VNI West projects had been required to comply with, including the regulatory investment test for transmission (RIT-T) cost benefit analysis, reapplication of a RIT-T in certain circumstances, and the need for competitive tendering to award contracts to build these projects.

Because the Alliance’s legal team needed to thoroughly assess the potential impact of the Order on the legal action against AEMO, the lawyers for both parties agreed to adjourn the original 22 February 2023 Directions Hearing. The matter was scheduled to return to Court on 8 March 2023, which was adjourned to 5 April 2023 and then again to 10 May 2023. These adjournments were to allow the Alliance’s legal team sufficient time to fully determine the most appropriate next steps.

In the meantime, on 23 February 2023, three days after the Order was gazetted, the VNI West Consultation Report (VNI West Report) was published by joint proponents AEMO and Transgrid. In the VNI West Report there was extensive reference by AEMO to the effect that the Order had on their assessment of new options for VNI West and on subsequent actions.

The VNI West Report identified that Option 5 (of seven options assessed) was now the preferred option for VNI West. Option 5 is a 500kV transmission line proposed to connect to the WRL at Bulgana and then run northwards to the Murray River and into NSW to connect with Project EnergyConnect at Dinewan.

This Option has considerable implications for WRL – it would require the Terminal Station (presently proposed as part of the WRL to be built north of Ballarat at Mount Prospect) to instead be built at Bulgana and would also require the uprating of WRL’s proposed 220kV lines (104km between Bulgana and Mount Prospect) to 500kV.  This would increase the easement area needed for the WRL and would also result in higher overall visual and other impacts by the project.

The VNI West Report, with its preferred Option 5, was put out for consultation for six weeks and the final report, known as the VNI West RIT-T Project Assessment Conclusions Report (VNI West PACR), is expected shortly. It is important to note that that the VNI West PACR finalises AEMO’s decision on its preferred option, and only then will we know with certainty what the implications are for landholders and communities along WRL and VNI West.

On 21 April 2023, within the required 60 days from publication of the Order, the Alliance brought judicial review proceedings in the Supreme Court of Victoria against the Minister for Energy and Resources challenging the Order on behalf of all its members and seeking to have it quashed on several grounds.

As mentioned above, the Directions Hearing for this action was held on 10 May 2023 and timetabling orders for the next steps were made. The matter is expected to return to the Court for further directions in late June or early July.

In the meantime, the Alliance’s original judicial review proceedings against AEMO have been stayed pending the determination of the Alliance’s proceeding against the Minister.

A community group is taking its fight against major transmission line projects in Victoria’s west to the Supreme Court by challenging the state’s energy and resources minister.

https://www.abc.net.au/news/2023-05-10/victorian-energy-minister-supreme-court-western-renewables-link/102327490

REAL ACTION TO CANCEL THIS DUD PROJECT

NOBODY IS ABOVE THE LAW

SAVE YOUR HOMES, FAMILY, BUSINESS AND THE ENVIRONMENT

This project presents devastating and generational impacts and risks to our lives, our homes, our business and the environment. Bushfire risks will skyrocket, land will become unusable, agricultural and tourism business will be unviable and our precious environment will be pillaged. Land values will plummet. Several landowners have already had their properties devalued by more than $1 million due to the impact of the proposed 100m wide transmission corridor. And the WRL isn’t even approved yet!

This is the community’s chance to take control, so please dig deep and support our shared fight.

You can donate by either using your State Government Power Saving Bonus or via our Fundraising Page.