Changes to easement policies and processes

What’s happening?

We’re letting you know about changes to our easement policies and processes that will:

• streamline document signing
• help maintain safe distances from electricity infrastructure, and
• update customer and landowner deed compliance.

We’re also clarifying Crown land requirements for electrical work.

Transition to electronic signatures

From September 2025, Essential Energy will transition to digital and electronic execution to make easement document signing more efficient and convenient for everyone. To assist you, we’ll update the example Transfer Granting Easement and Section 88B Instrument contained in CEOP8046 – Easement Requirements with our suggested electronic execution clauses.

While traditional signatures will still be valid, they may result in slight delays in easement document signing. We encourage everyone to embrace the benefits of using digital signatures.

Updated easement dimensions

We're updating CEOP8046 – Easement Requirements to include the following dimensions for switching stations:

• 4 way switching stations will require an easement of 4m x 3m
• 4 way switching stations plus bus-tie and 6 way switching stations will require an easement 5m x 3m.

Additional easements will be required to maintain safe distances on properties adjoining electricity infrastructure

We’re incorporating changes to CEOP8046 – Easement Requirements aimed at preventing potential fire hazards and enhancing safety for electricity infrastructure and surrounding properties. For example:

• a restriction on title will need to be registered on any property within 6 metres of a pad mount to ensure compliance with fire segregation.
• powerline blowout must be taken into consideration when determining the easement requirement on adjoining properties.

Updates to Customer and Landowner Deeds (including Agreement for Creation of Easement and Crown Land Acquisition Deeds)

We’ve updated our Agreements in response to changes in unfair contracts legislation. We’ll make the new documents available after 25 September 2025. Both old and new Deeds will be valid for 6 months. After that, only the new documents must be used.

We’re keen to gain your feedback on these changes to ensure they are well-informed and helpful

Please send any questions, concerns and suggestions by 17 September 2025 via email to conveyancingteam@essentialenergy.com.au.

Clarification of Crown land requirements for electrical work where Section 53 applies

The Roads Act distinguishes between Crown Roads and Council Public Roads. This distinction means that section 45 of the Electricity Supply Act can be utilised for Council roads, but not for Crown roads.

Consent is required to enter all private and public land. The Crown decides the form that this consent takes: a letter, a licence or a section 138 consent. If the Crown is prepared to provide consent by a letter, it must specifically provide:

"Crown Lands as the owner Lot xxxx DPxxxxx (Property) acknowledges that [Insert name of Customer for Works] will engage an Accredited Service Provider to undertake electrical works on the Property on existing electrical assets (ASP). While Essential Energy will continue to own and operate the existing electrical infrastructure pursuant to Section 53 Electricity Supply Act 1995 (NSW), Crown Lands acknowledges that Essential Energy is not undertaking any works and provides consent to the ASP to access the Property and undertake the relevant works."

It is important to note that this form of consent will only be accepted by Essential Energy where Section 53 applies. It is unlikely that the Crown will provide a letter of consent where any third-party interests, including Native Title, may exist.

What do you need to do?

1. Communicate this information to relevant members of your organisation.
2. Provide us with your feedback by 17 September 2025 email to conveyancingteam@essentialenergy.com.au.

Further Information

If you need further information, please email conveyancingteam@essentialenergy.com.au.