Supreme Court rules against community group challenge over Western Renewables Link

A Victorian Supreme Court has ruled against a community group that is fighting major transmission line projects in Western Victoria.

In May this year, the Moorabool and Central Highlands Power Alliance (MCHPA) went to the Supreme Court arguing an order made by Energy Minister Lily D’Ambrosio to fast-track the projects was invalid. 

The Western Renewables Link (WRL) project proposes a 190-kilometre overhead high-voltage electricity transmission line through Western Victoria to distribute renewable energy generated to the city. 

The minister’s fast-track order allowed plans to move forward for the WRL and VNI West, without redoing a cost-benefit analysis. The project has been called “crucial” by Ms D’Ambrosio, as the country seeks alternative energy generation away from traditional coal-fired power.

The MCHPA has called for an investigation of alternate options for the energy project.

In the Supreme Court this morning, Judge Michael McDonald asserted the alliance did “have standing” to bring the proceeding to court.

“Since [MCHPA] was incorporated, it started a ‘Stop Ausnet Towers Campaign’ consistently seeking the project to be put underground,” Judge McDonald said.

The judge ultimately ruled against the farmers fighting the energy project.

“There is no factual basis [that] the minister acted with improper purpose, as alleged by the alliance,” he said.

“I have therefore concluded that the alliance does have standing to bring the present proceeding, however, I have rejected all the grounds on which it challenges the [minister] …

“The application will be dismissed  and the alliance should pay the minister’s costs.”

Katherine Myers is a potato grower at Tourello near Ballarat and her property is in the corridor of the Western Renewables Link.

Ms Myers said she felt “numb” over the decision.

“It kind of implies the government doesn’t have to follow the rules,” Ms Myers said.

“I think it’s going to have implications that are far-reaching, not just for transmission projects.

“Why do they bother with the pretence of community consultation? Why not just show up with concrete trucks?”

In October this year, the Australian Energy Regulator dismissed a challenge to Transgrid and AEMO Victorian Planning (AVP) to New South Wales Interconnector West project.

MCHPA challenged the VNI West project on nearly 10  different grounds, calling for the design process to be redone.

While the regulator did not hold up in favour of the alliance, it said in determination documents the alliance had a right to dispute the project as they had the “potential to suffer a material and adverse impact”.

The MCHPA last year launched a separate court proceeding against the Australian Energy Market Operator, relating to alleged flaws in AEMO’s own cost-benefit analysis. 

Now that the case against Minister Lily D’Ambrosio has concluded, the ABC understands the court challenge against the energy regulator can recommence. 

The Minister has been contacted for comment.