Compensation under s 93(2) of the Electricity Industry Act 2000 (Vic) is available only to owners of land upon which an electricity corporation exercises its s 93(1) powers; owners of neighbouring land adversely affected by works on other land must pursue common law remedies such as nuisance. Where an electricity corporation undertakes works exclusively in reliance on easements or consents independent of s 93(1), s 93(2) is not engaged. The English doctrine of injurious affection recognised in McCarthy does not apply in Australia in the absence of comparable legislative provisions.
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