A transmission line or renewable project wants my land
The rebuild of the electricity network is reaching private land across New South Wales: new high-voltage transmission lines such as HumeLink and EnergyConnect, renewable energy zone infrastructure, and the wind, solar and storage projects that connect to them. Some of this arrives as a compulsory easement backed by statute; some arrives as a commercial offer. The two need very different responses, and both reward early advice.
- Jurisdiction
- New South Wales
- Page type
- Situation guide
On this page
This page may be relevant if:
- A transmission project has contacted you about access or an easement
- You have been offered an option deed, access licence or hosting agreement
- A renewable energy zone or connection project affects your district
- You have received an acquisition notice or compensation offer for an easement
What this usually means
- Authorised network operators can compulsorily acquire transmission easements, with compensation assessed under the Land Acquisition (Just Terms Compensation) Act 1991, including the effect of the easement on the rest of the holding.
- Before acquisition, landholders are typically asked to sign access deeds and option agreements for surveys and route refinement; their terms, and the conduct standards they set, are negotiable.
- Eligible landholders hosting new major transmission may also receive strategic benefit payments, calculated per kilometre hosted and paid over an extended period, in addition to compensation for the easement itself.
- Renewable energy projects such as wind and solar generally proceed by negotiated agreement rather than compulsion, so the lease or licence terms carry the entire protection for the landholder.
What commonly matters
-
Compulsion or agreement
Whether the project can ultimately compel an easement changes the negotiation; knowing which footing you are on is the starting point.
-
The whole-of-farm impact
Compensation should reflect the easement's effect on the entire operation, including severance, access, irrigation and future development, not just the strip taken.
-
Terms beyond money
Construction conduct, biosecurity, access notice, rehabilitation and dispute terms determine what living with the project is actually like.
-
Payments and structure
Compensation, strategic benefit payments and hosting revenue have different characters. Their tax treatment is a matter for a tax adviser, and is best checked before the structure is agreed; we do not provide tax advice.
How we help
- Review and negotiate access deeds, options and hosting agreements
- Act through the easement acquisition and compensation process
- Prepare valuation and whole-of-farm evidence with your experts
- Negotiate conduct, rehabilitation and dispute terms that protect the land
Related reading
- Compulsory acquisition Acquisition by agreement under the Just Terms Act When the NSW Just Terms Act applies to an agreed acquisition and what the contract or deed should address before signature.
- Compulsory acquisition Disadvantage resulting from relocation in NSW acquisitions When compensation for disadvantage resulting from relocation is payable in a NSW acquisition, how the indexed maximum works and which evidence supports a claim.
- Compulsory acquisition Disturbance loss in NSW compulsory acquisition How NSW acquisition law treats relocation, duty, mortgage and other financial costs, and the evidence needed to support a disturbance claim.
This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.
Frequently asked questions
General information only, not legal advice. The position depends on your circumstances.
Can I refuse a transmission easement on my land?
You can decline to reach agreement, but where the project has the benefit of a statutory acquisition power the easement can generally be acquired compulsorily, with compensation assessed under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). Negotiation still matters: route detail, construction conduct, rehabilitation, access terms and compensation can all be negotiated, and an offer can be tested with property-specific and valuation evidence before it is accepted. Knowing whether the project can ultimately compel the easement is the starting point for the whole negotiation.
What are strategic benefit payments for hosting transmission?
New South Wales operates a scheme under which eligible landholders hosting new major high-voltage transmission infrastructure receive additional annual payments, calculated per kilometre of line hosted and paid over an extended period with indexation. The payments sit alongside, not instead of, compensation for the easement itself under the Just Terms framework. Eligibility and administration depend on the particular project and the timing of the acquisition, so the position should be confirmed for your line and holding rather than assumed from general announcements.
Should I sign the access deed or option I have been offered?
Not before it is reviewed. Access deeds and option agreements set the terms for surveys, investigations and sometimes years of dealings that follow, including notice periods, biosecurity protocols, compensation for damage, and how disputes are handled. They are drafted by the proponent and are negotiable. Whether the proponent will contribute to the cost of your advice, and on what terms, should be confirmed in writing before the advice is obtained. What is agreed at this early stage tends to set the tone, and the baseline, for the easement negotiation that follows, so it rewards the same care as the final documents.
Related situations
- Compulsory acquisition I received a Proposed Acquisition Notice A Proposed Acquisition Notice starts a defined pre-acquisition timetable. Understand what it means, the compensation claim period and the first steps that protect your position.
- Compulsory acquisition My land is being acquired Clear advice on proposed acquisition notices, compensation claims, valuation issues and disturbance losses.
- Water & land A mining, gas or water project affects my land Advice on exploration and mining access, coal seam gas, aquifer and water-licensing impacts, and compensation where resource projects affect your land.
Where to start
A transmission corridor or renewable project reaching your land?
A preliminary review can identify the decision, the material available, any stated date and the questions requiring legal or expert assessment.
No charge · Not legal advice
A preliminary call is a short conversation to check whether we can help, at no charge, and not legal advice. Please don't send confidential or time-sensitive material until we confirm in writing that we can act.