Western Power hauled to court after ‘drooping’ power lines destroyed 18,000ha and killed thousands of sheep

Western Power is being hauled to court and could be up for millions in compensation after a blaze that destroyed 18,000ha and killed thousands of sheep was caused by lines it knew were a “risk”. The Wickepin-Narrogin blaze started on February 6 last year and was one of two Wheatbelt fires that raged that weekend and destroyed a collective 60,000 hectares of land. A Department of Fire and emergency Services investigation determined drooping powerlines “coming together” in 40c temperatures caused the fire, with further investigation by Countryman revealing Western Power was aware there was a risk of “conductor clashing” at the site. The energy provider had plans to mitigate the risk on or after February 22, two weeks after the fire. Countryman later revealed a further 70 power lines in bushfire-prone WA were at risk of “clashing” in a similar way to those that caused the Wickepin-Narrogin blaze, with Western Power ordered to fix three of the bays after a large-scale audit of its network. WA’s Building and Energy regulator announced on August 17 it had finalised its investigation, and was taking legal action against Western Power for alleged breaches of the electricity Regulations Act. The case was is set to be heard in the Narrogin Magistrate’s Court on Tuesday, August 22. Western Power last year accepted its lines caused the blaze, but it is understood the legal action will centre on whether it could have foreseen the action and prevented it. Other court action is also brewing, with a group of 10 claimants — understood to be farmers —engaging global law firm HFL to chase compensation. HFW partner Michael Maxwell told media on February 18 those engaged would be seeking compensation to cover the difference between losses and what the respective farmers’ insurance companies paid out. He said the figure would stretch into the millions but action was unlikely to be pursued until the Building and Energy Regulator and Western Power legal action was complete. “The bottom line is that Western Power, if found to have breached those things, is obliged to put people in the position they would have been otherwise,” he said. “That includes insurers who had to pay out for insurance and any uninsured losses sits alongside it.” Liberal Agricultural MLC Steve Martin, a Wickepin farmer, said with WA’s fire season looming, regional communities needed to know those other poles were safe and if they would be remediated. “There are 70-odd similar power lines… we are not far away from the summer fire season and we don’t know if these have been mitigated,” he said. “That is nowhere near good enough. The people who live next to those 70 sites would like to know. “Western Power is very quick to jump on landholders with power poles on private property… when it comes to upkeep and maintenance. They should be squeaky clean on their own network. “Their network of power lines needs to be capable of getting through a WA summer.” Mr Martin also flagged concerns over what he said was a “lack of transparency” throughout both the DFES and Building and Energy investigations. “Since the week after the fire when I started asking questions, none of this has been released to the people involved,” he said. “The people impacted by the fire were not aware of the looming court case, other than reading about it in the media. That has not been good enough.” Narrogin farmers Carly and Troy Smith — who lost 500 pregnant ewes and their shearing shed in the blaze — said farming communities would be eagerly awaiting the outcome. “Generally speaking, people have got on with farming during the past 18 months, but everyone — not just in our area — will be interested to see how this plays out,” he said. “It sets a precedent… going forward, if Western Power is found liable it puts pressure on them to make sure their infrastructure is up to scratch.” Shire of Narrogin president Leigh Ballard welcomed the news, saying the fires had been “horrendous” for local residents. “We commend Building and Energy for their diligent investigation and enforcement efforts,” he said. “The Shire understands the profound impact incidents of this nature have on our community, our farmers and the environment. “We anticipate a thorough examination of the evidence and a just resolution to address the impacts of this devastating bushfire.”