Marinus Link Project in Victoria: A Comprehensive Guide for Affected Landowners

Sebastian Greenway & Jonathan Hourigan
14 January 2025

We do not act for the Government or the Marinus Link Authority. We act for landowners and businesses, and our aim is to maximize compensation opportunities and safeguard people’s rights and the use of their properties well into the future.

Are you a landowner or business in Victoria who may be affected by the proposed Marinus Link Project? Below, we provide an overview of what the Project entails, the potential impacts on private land, and how you can protect your rights. As specialists in compulsory land acquisition and compensation, Best Hooper Lawyers can help guide you through each step of the process.

1. What Is the Marinus Link Project?

The Marinus Link is a proposed 1500 MW high-voltage direct current (HVDC) interconnector between northwest Tasmania and the Latrobe Valley in Victoria. It is being developed to:

• Improve electricity transmission between Tasmania and Victoria, and ultimately the National Electricity Market (NEM).
• Enable energy trade from Tasmania’s renewable and other generation sources to high-demand areas in Victoria, South Australia, New South Wales, and Queensland.

Marinus Link Pty Ltd—jointly owned by the Australian, Tasmanian, and Victorian governments—is responsible for delivering the Project. It will be delivered in two stages (each 750 MW), with construction on Stage 1 expected to begin in 2026 and be completed by 2030.

2. Victorian Component of the Marinus Link

The Marinus Link makes landfall at Waratah Bay in South Gippsland and continues underground for approximately 90 kilometres through Gippsland to Hazelwood in the Latrobe Valley. Key elements of the Project’s Victorian component include:

• Communications building (and possibly a transition station) about 1 km from the shore crossing.
• Converter station at Hazelwood to connect to the Victorian electricity grid.
• Underground infrastructure to accommodate the HVDC interconnector.

3. Environmental and Planning Approvals

Because the Marinus Link may affect environmental and social values, it is subject to thorough assessment under:

• Commonwealth Legislation: Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
• Victorian Legislation: Environment Effects Act 1978 (via an Environmental Effects Statement, or EES).

A combined EIS/EES was prepared, followed by a public exhibition and a Victorian EES Inquiry Public Hearing, which concluded on 10 October 2024. Next steps include:

1. The Inquiry providing recommendations to the Victorian Minister for Planning within 40 business days.
2. The Minister issuing an assessment of the environmental effects in Victoria.
3. Relevant Victorian agencies making statutory decisions (e.g., Planning Scheme Amendment, Marine and Coastal Act 2018 approvals, cultural heritage management plans).

Separate approvals under Tasmanian planning and environment legislation are also required for the Tasmanian portion of the Project.

4. Access to Private Land: What Landowners Need to Know

To build and operate the Marinus Link, Marinus Link Pty Ltd needs access to private land to perform:

• Valuation assessments (for easement acquisition).
• Geotechnical, ecological, cultural heritage, and hydrological surveys.

Following the grant of an electricity transmission licence on 20 December 2023 by the Essential Services Commission (ESC), Marinus Link has statutory powers under the Electricity Industry Act 2000 (Vic) (EI Act) to access land if voluntary agreements cannot be reached. This includes:

• Section 93 powers to enter land for surveys, with obligations under the new ESC Land Access Code of Practice (effective 1 March 2024).
• The Code mandates adequate notice, minimal disruption, and full compensation for damages.

Landholders who voluntarily agree to grant access may be eligible for access payments. If access is forced (i.e., statutory access), Marinus Link has indicated it will provide at least 20 business days’ notice before entry.

5. The Voluntary Land Access and Easement Process

Marinus Link proposes a multi-step process to secure land rights for the Project in Victoria:

5.1 Access Licences

• Purpose: Allow pre-construction surveys (valuation, geotechnical, environmental).
• Compensation: A standard $5,000 licence fee for a two-year period, plus potential pro-rata adjustments.
• Legal Fee Coverage: Up to $1,000 offered by Marinus Link, though actual legal costs may exceed this amount.

5.2 Easement and Lease Option Deed

• Securing Property Rights: Requests a 20-metre-wide easement plus additional leased land for construction.
• Payments: Marinus Link relies on its own valuations to determine compensation, but landowners can obtain independent valuations (often at their own expense).
• Incentives:
  • A $10,000 payment upon signing.
  • An additional $10,000 for early sign-on within 60 business days.
  • Up to $10,000 to cover professional advice (potentially negotiable alongside other terms).

5.3 Exercising the Option

• Construction Start: When Marinus Link exercises the Option Deed, it triggers 80% of the easement payment and the full construction lease payment.
• Post-Completion Payment: The remaining 20% is disbursed after construction finishes and the easement is formally registered on the property title.
• Long-Term Impacts: The easement can permanently affect how landowners use their property.

Pro Tip: Before signing any Access Licence or Easement and Lease Option Deed, seek independent legal and valuation advice to ensure fair compensation and to safeguard your property rights.

6. What Is an Easement and Why Does It Matter?

An easement is a legally registered right to use another person’s land for a specific purpose. In the case of the Marinus Link:

• It grants Marinus Link permanent underground access for transmission infrastructure.
• It remains on the property title, which can affect property value and future use.
• It must be negotiated (or acquired compulsorily, if negotiations fail) with adequate compensation for the landholder.

7. Compulsory Acquisition

If a voluntary agreement for an easement cannot be reached, land may be acquired or rights imposed compulsorily under Victoria’s land acquisition laws. Although compensation is payable, navigating the complex legal process can be challenging without expert guidance.

8. How Best Hooper Lawyers Can Help

Best Hooper Lawyers is a Victorian law firm with significant experience representing landowners across a range of major infrastructure projects, such as:

• Western Renewables Link
• Victoria to NSW Interconnector West (VNI West)
• Suburban Rail Loop Project
• Melbourne Airport Rail Project
• APA’s Western Outer Ring Main (WORM) Pipeline
• North East Link Project
• West Gate Tunnel Project
• Melbourne Metro Rail Project

We do not act for acquiring authorities or government bodies. Instead, we work solely to protect your interests. From negotiating compensation to challenging compulsory acquisition, our services include:

• Strategic Advice: Understanding your rights and potential impacts on your property.
• Valuation Support: Coordinating with trusted property and valuation experts.
• Legal Representation: Ensuring you receive fair compensation and that land access processes follow all legal requirements.
• Negotiation & Advocacy: Championing your interests in negotiations or disputes with the acquiring authority.

9. Take Action: Protect Your Land Rights

If you are a landowner or business likely to be affected by the Marinus Link Project, it is crucial to receive independent, expert legal advice before signing any agreement or engaging in discussions with Marinus Link Pty Ltd. The faster you seek professional guidance, the better positioned you will be to secure fair compensation and protect your property rights.