Stop Labor's Towers

STOP LABORS TOWERS NEWSLETTER
July 8th 2024

MCHPA trading as RVPA
A RECAP – PART 2

This is Part 2 of our recap about the Moorabool and Central Highlands Power Alliance Inc. (MCHPA) which trades as the Regional Victoria Power Alliance (RVPA) to represent all those who will be directly and indirectly impacted by the Western Renewables Link (WRL) and the Victoria – New South Wales Interconnector West (VNI West).

You can find Part 1 – Who Are We? (the Association and the Steering Committee) here.

Those of you reading this Newsletter are probably at different stages of your journey with us so in Part 2 we dive a bit deeper and explain the two projects that we are all fighting and why, provide an overview of some of what has already been done to fight them (and what continues to be done), and what you can do to help. Grab a cup of tea or coffee, a beer or a glass of wine, get comfortable and have a read.

WHAT ARE WE FIGHTING and WHY?

 WRL and VNI West

As we all know, the Victorian Government and AEMO are doing everything they can to force the proposed WRL and VNI West transmission line projects onto our precious land.  This will significantly impact all our lives and livelihoods as well as irreversibly change the natural environment and the critical biodiversity of its flora and fauna. All of us, not just the RVPA, continue to do everything we can to stop them.

Both proposed projects comprise 500kV high-capacity double circuit overhead transmission lines carried by up to 80m high steel lattice towers. This is almost the same height as the MCG light towers!

New terminal stations are also proposed to be built near Bulgana (north of Ararat) and in the heart of Tragowel (south-east of Kerang). This industrial infrastructure will each be in a fenced compound approximately 800 x 300m in size with a much larger land area surrounding them.

The WRL and VNI West projects are to be connected at the proposed Bulgana terminal station to make one transmission spine running in a dog-leg route from Melbourne to the Murray River. Each project is proposed to be approximately 200km long. On the other side of the Murray River, VNI West will continue through NSW for approximately another 200km.

See here for the interactive map of the proposed WRL route, which runs eastwards from Sydenham (west of Melbourne) to Bulgana.

And see here for the interactive map of the proposed VNI West corridor (within Victoria), which will run north-eastwards from Bulgana to the proposed new terminal station at Tragowel, then will run northwards past Kerang to the Murray River.

In NSW, you can see here how VNI West continues onwards from the Murray River to connect into Project EnergyConnect (another 500kV transmission line that will be completed in a couple of years) at a proposed new terminal station at Dinawan.

Altogether, WRL plus VNI West plus Project EnergyConnect plus the proposed HumeLink and Sydney Ring South 500kV transmission lines will connect Melbourne and Sydney. Running through our land!

The impacts on all of us from WRL and VNI West will be significant!

The transmission lines and towers will push their way through where we live and work, impacting all of us and our environment for future generations.

In parts of central, western and northwestern Victoria, the towers and lines will run within a destructive 100-metre-wide easement bulldozed from Melbourne to the Murray River through Green Wedge zones, over community sports facilities, close to airfields, past peri-urban suburbs, through highly productive farms in Victoria’s critical food bowls, through bushfire-prone landscapes and alongside protected State parks and conservation reserves, through landscapes of recognised historical value, and also through environmentally important and diverse landscapes including remnant bushland, biodiversity links, and many critical waterways, lake systems and flood plains all of which provide precious native habitat and support extensive wildlife.

And the much larger land area surrounding each terminal station will provide plenty of room for any enlargement needed for both to become connection hubs for the spiderweb of transmission lines coming from all the new renewable energy generators (wind and solar factories) proposed to be built in these regions!

This is all being done without our consent. We must fight and Hold the Line – no access!

WHAT HAS THE MCHPA and RVPA DONE OVER THE YEARS?

The fight against WRL has just reached its 4-year anniversary and the overlapping fight against VNI West has now gone on for 1½ years. Alongside landholders, communities, local groups, businesses and others who will be impacted by these projects we remain as committed to the fight against these projects as when we started.

As you will have learnt from reading Part 1, especially the biographies of the RVPA’s Steering Committee members, a great deal of work has been done by all of us over the years to fight these two projects – not only directly against one of the projects or the other, or in support of specific local groups or communities, but also more broadly to deal with issues that affect both projects.

The following is definitely just the tip of the iceberg:

Campaigns, including tractor rallies

Stop AusNet’s Towers – commenced late 2020 (AusNet was contracted to build WRL in Dec. 2019)

Bonfires along the WRL line in September 2021

5,000 signed complaint letters sent to Minister D’Ambrosio in July 2022

Tractor Rally in Melbourne on 8th March 2022

Tractor Rally in Ballarat on 15th July 2022

Stop Labor’s Towers – campaign rebranded in response to the Victorian Government having entirely taken over control of both WRL and VNI West using Ministerial Orders made in Feb and May 2023 – more on the Supreme Court challenge of these Orders below.

Getting ready for the Tractor Rally in Melbourne on 15th August 2023

Fighting the good fight at the Melbourne tractor rally

Media coverage – in articles and on TV – too many to mention (many are behind paywalls) but some examples:

This is where it began in mid-June 2020 and it was soon picked up here.

Over the years the WRL fight was covered here, here and here.

Then when the communities along both project corridors allied under the RVPA banner the coverage covered both WRL and VNI West see here, here, here and here.

Legal Actions

Yes, the following overview is lengthy, but it is worth a read to understand just how hard the Victorian Government and the Australian Energy Market Operator (AEMO) have worked for years to stop us at every turn. They are desperate to get these projects built and we are just as determined to stop them.

In August 2022, the MCHPA wrote to AEMO through its legal advisors arguing that under the National Energy Rules (NER), AEMO should halt the WRL project and reapply the Western Victorian Regulatory Investment Test for Transmission (West Vic RIT-T). The Alliance supported its argument with substantial reasons. More background to this action can be found here and here.

In a 44-page response published on 4th November 2022, AEMO agreed with several of our points but ultimately disagreed that they should redo the West Vic RIT-T. In response, on 22 December 2022 the MCHPA (as the legal entity) filed an application in the Supreme Court of Victoria seeking a judicial review of AEMO’s decision, asking that it be quashed (set aside) and that AEMO be required to reapply the RIT-T. More information on that is here.

In February 2023, just days before the first directions hearing for our case against AEMO, the Minister for Energy and Resources, Lily D’Ambrosio, in consultation with AEMO, the Premier and the Treasurer used extraordinary powers in the National Electricity (Victoria) Act 2005 (NEVA) and stepped in to take authority over both WRL and VNI West. This was in the form of the “VNI West and WRL” Ministerial Order (February Order) published on 20 February 2023 and was an unprecedented action by the Minister.

Because the February Order also removed the use of various parts of the NER, including clause 5.16.4(z3) upon which the MCHPA’s action against AEMO relied, both parties agreed to adjourn the directions hearing to enable the impact of the Order on that first case to be assessed. See here for more information.

In the meantime, a VNI West Consultation Report was published on 23rd February 2023 and landholders and communities in the west and north-west of Victoria became aware of VNI West for the very first time! Until the February Order was made, AEMO had been investigating a very different route for several years. An update is here.

On 21st April 2023, the MCHPA made a second application to the Supreme Court for a judicial review, this time challenging the Minister’s February Order and seeking that it be quashed on several grounds arguing flawed reasoning and incorrect application of the law by Minister D’Ambrosio. This was an extraordinary step for the MCHPA to take because these NEVA powers have never been legally tested. At the same time, the decision was made to stay the MCHPA’s original judicial review proceedings against AEMO pending the determination of the MCHPA’s proceeding against the Minister. Another update is here.

As explained, the February order was made in response to our first action to overturn AEMO’s approval of the WRL. But the Government did not stop there, and they proceeded to double down in trying to stop us, further sweeping away the protections upon which we had relied.

On 27th May 2023, the Minister, once again used those same NEVA powers and wrote a second “VNI West and WRL” Ministerial Order (May Order) grabbing even more control of the projects by “ordering” AMEO to take a route for VNI West (option 5A) that had not been consulted on, and “ordering” that extensive changes be made to WRL. And this May Order was intended to stand in the way of our action against the Government on the February Order.

This did not stop the MCHPA at all, and our legal team found that there were now even more grounds of flawed reasoning and incorrect application of the law in support of our challenge. So, we incorporated a challenge against the May Order into our initial action, seeking that the Court determine both Orders ought to be quashed. All of this is covered in far more detail here.

The Supreme Court Hearing was heard over four days – 7th and 8th September 2023, and 11th and 12th September 2023. Overviews of what happened on these days can be found here and here.

The MCHPA and our legal team, which included expert Counsel in judicial review law, felt we had made a strong case on a complicated subject. But unfortunately, the Judge did not agree and on 20th December 2023 he handed down his judgment, dismissing our case.

But yet again, the MCHPA refused to give up. Following a comprehensive review of the judgment and long discussions with the MCHPA, Counsel advised that we could consider appealing the decision on two strong grounds with reasonable prospects of success (a legal term of assessment). So, backed by landholders and communities along both project corridors, we lodged an application with the Court of Appeal on 16th February 2024. See here and here for information on that.

The Court of Appeal has now advised that the Hearing will be on 7th August 2024 with the Court reserving a second day of hearing, 8th August 2024, should it be needed. We will keep you informed if there are any updates and when we have a court weblink so that you can watch the hearing.

WHAT CAN YOU DO?

The impacts and the risks associated with these projects are very real – they are life changing and will have generational impact. We must continue to stand together and take every opportunity to protect valuable agricultural land and the environment, along with our homes and livelihoods.

There are many ways for you to be involved.

Firstly, the countdown is on to the Appeal Hearing (a bit more than 4 weeks away) and the RVPA needs your continuing support to raise the final amount of funds needed. Please have a read of this Special Edition Newsletter to help you consider how much you might be willing to donate. There is information in that Newsletter on how to donate or click the button above.

Just as important is the individual stand that each of us can take, essentially behind a locked gate. If you are a landholder within the proposed WRL route or the proposed VNI West corridor then HOLD THE LINE and DON’T SIGN. Keep AusNet and TCV off your land. We have talked about the importance of this in many of our Newsletters – here, here, here and here.

If you or someone you know is not yet a member you can join here – it does not have any financial or other obligations but demonstrates our united approach and strength of numbers. And we will keep you informed with the latest information via our Newsletters.

Have a look at our website to get information about us and the projects, and:

Start conversations with family and friends.

Contact your Council and ask them what they are doing to support their residents, communities and businesses.

Contact politicians – all of them whether in Government or opposition or belonging to other parties or independent – find your local lower house Member, upper house Members, Federal members and ask them what they are doing to do to stop these projects from impacting your land and livelihood and communities. And any other impact you want them to be aware of.

Follow us and others on social media – like, share, start conversations. The more noise, the wider the reach to make sure our voices are heard. Our Facebook pages and those of others committed to fight these projects and /or spread important information to their communities are here:

MCHPA:

https://www.facebook.com/MCHPoweralliance

SAT Community Discussion Group:

https://www.facebook.com/groups/3407045586005108

AEMO – NO Option 5A

https://www.facebook.com/groups/634935628464023

Kingston & District Power Alliance:

https://www.facebook.com/profile.php?id=100066813758815

Wallaloo and Gre Gre District VNI West ANTI – TRANSMISSION LINES group

https://www.facebook.com/groups/759358565654823

Beckworth to Blowhard and Districts Power Alliance

https://www.facebook.com/groups/2957612607791512

Tragowel Community

https://www.facebook.com/groups/124433204293897

Darley Power Fight

https://www.facebook.com/groups/432532097809097

Pykes Creek – No Go Zone

https://www.facebook.com/groups/1140139566798506

WVTNP Waubra to Bulgana Powerline Action

https://www.facebook.com/groups/338437971029644

Hang a sign on your property to demonstrate your community unity and let AusNet and Transmission Company Victoria (owned by AEMO) know that we won’t be bullied. Contact us at info@stoplaborstowers.com.au to get a sign or banner

We always need volunteers. Some people help regularly. Others help out with specific projects or activities or where they have expertise that they want to contribute. There’s always something happening and always work to do. We appreciate any assistance people can give. If you want to chat about volunteering, get in touch with us at info@stoplaborstowers.com.au.