The hearing of the Alliance’s application challenging the orders made by the Minister under the National Electricity (Victoria) Act 2005(NEVA) commenced today in the Supreme Court of Victoria before McDonald J.

• As noted in earlier updates, the Alliance was represented by Thomson Geer, with Nick Wood SC, Cal Viney and E Nadon of counsel ‘appearing’ in court
• The Minister was represented by the Victorian Government Solicitor’s Office, with David Batt KC, Fiona Batten, Anesti Petridis and Jamie Blaker ‘appearing’
• The day was spent on the Alliance’s submissions, with Nick Wood SC introducing the application, providing the factual background, working through the relevant legislation and then speaking to the first of the grounds upon which the Alliance challenges the orders
• The grounds are divided very broadly into those which relate to the power of the Minister to make the orders and those which relate to the reasons given by the Minister for the orders – today was focussed on the grounds related to power
• Senior counsel was pleased with the way the day progressed
• McDonald J asked a number of questions and sought clarification around some of the submissions
• Certain matters, such as the evolution of WRL (which is linked to the augmentation specified by the Minister in the orders) and the extent to which the Minister could give directions to Transgrid in relation to VNI West, were the subject of questions
• Nick Wood will complete the Alliance’s submissions tomorrow and we anticipate that the Minister will commence by mid afternoon
• We will have an opportunity to reply after we hear the Minister’s submissions (likely to be next Tuesday).

The hearing of the Alliance’s application to challenge the Minister’s orders continued today.

• Nick Wood and Cal Viney completed the Alliance’s oral submissions (covering the grounds related to the content and adequacy of the Minister’s reasons)
• Shortly after lunch the Minister’s counsel commenced submissions, focussing almost entirely this afternoon on the question of the Alliance’s standing to bring the application
• Similarly to yesterday, McDonald J asked a number of questions, challenging counsel on the submissions and the evidence in support of those submissions.
• Following court we had a positive and productive conference with counsel
• The Alliance’s reply submissions will be made on Tuesday
• The hearing will continue on Monday.

By Alex Dalziel, Ballarat Courier
September 7 2023

Western Victorian farmers rally to Victorian Parliament over plans for the VNI West transmission lines.

Community members have taken the state government to court for fast-tracking a controversial transmission line project’s development.

The case against a Ministerial Order to build the VNI West transmission lines project has been put forward at a hearing in the Victorian Supreme Court.

On Thursday, September 7, the Supreme Court heard the first day of trial in the case of the Moorabool and Central Highlands Power Alliance against energy and resources minister Lily D’Ambrosio.

The case follows Minister D’Ambrosio issuing two orders to progress work on the VNI West project, which will stretch high voltage powerlines from western Victoria to NSW.

The orders, made in February and May this year, allowed early works to start on the transmission line project without redoing a cost benefit analysis, known as Regulatory Investment Test of Transmissions, or RIT-T.

The orders required AEMO to adopt a “preferred” route connecting to the planned Western Renewables Link (WRL), which will pass to the north of Ballarat and has faced strong community opposition, at a terminal station at Bulgana near Ararat, then linking to a terminal station near Kerang in north central Victoria, before crossing the Murray River north of Kerang.

Minister D’Ambrosio said at the time the fast-tracking orders would overrule clauses of the National Electricity (Victoria) act, which had “stifled” progression of the project.

The alliance has objected to the two ministerial orders, questioning the legality of the order’s requirements.

Thursday’s hearing saw the Alliance’s lawyer Nick Wood argue the minister’s orders were superseded by legislation in the National Electricity act requiring a cost benefit analysis for actionable energy projects.

The Supreme Court proceeding occurs as the Australian Energy Regulator considers a dispute notice lodge on behalf of the Moorabool Energy Alliance.

The notice relates to flaws in AEMO’s cost benefit analysis test on the WRL project, and has been put on hold pending the outcome of the energy alliance’s Supreme Court hearing.

The matter will return to the Supreme Court on Friday, September 8, where lawyers for the energy minister are expected to make their response.