Wheatbelt farmers consider legal action against Western Power after powerlines cause 18,000ha Wickepin blaze

Wheatbelt farmers are considering a class action against Western Power after powerlines the utility knew were at “risk” of clashing caused a blaze that destroyed 18,000ha and killed thousands of sheep. Local communities were left reeling when the Department of Fire and Emergency Services released the findings of its investigation into the February 6 Wickepin-Narrogin blaze, which was one of two Wheatbelt fires that razed 60,000ha in the same weekend. The investigation determined overhead powerlines “coming together” in 40C temperatures caused the fire, and further investigation by Countryman revealed Western Power was aware there was a risk of “conductor clashing”. The energy provider had plans to mitigate the risk on or after February 22, two weeks after the fire. East Narrogin farmers Carly and Troy Smith said they were devastated to find out the blaze that killed hundreds of their sheep and destroyed their shearing shed could have been prevented. They said it was extremely lucky no human lives had been lost, after more than 10,000 sheep were killed or had to be put down after the Wickepin-Narrogin and Shackleton-Corrigin fires that weekend. Ms Smith said the devastation had left scars on the landscape, infrastructure and mental health of farmers in the area, who had to quickly pick up what pieces they could to start seeding this month. The fire killed 653 of their full-wool Merino ewes and 15 of the Smith’s rams after tearing through a paddock near the ignition point 15km south-west of Wickepin. Ms Smith said she and her family had relied on friends whose sheep were killed in the catastrophic 2004 Kukerin fires to help euthanise and determine which of their burnt flock might be able to survive. Just 29 Merino ewes from that same paddock were deemed of having a chance of survival, with the rest too badly injured or already killed in the fire. The Smith’s analysis of the sheep was backed up by two vets from Genstock. Since the fire, the Smiths have been tending to their remaining 2500 sheep, repairing fences, and moving felled trees from paddocks so they can start seeding. “It has been a very tough time,” Ms Smith said. “We have been very busy trying to restore what will take many years to clean up and repair.” A 1700ha property they own was razed by the fire, as well as a separate 800ha they lease. “We had one paddock of lupins that didn’t burn, but all of the fences did,” Ms Smith said. Their home farm — located 10km from the main farm — has been a refuge for their sheep, with about 1300 head sent to their family’s farm at Dongolocking. Ms Smith said she was seeking legal advice about starting a class action with other affected land holders after finding out that Western Power knew there was a risk the lines could come together in hot and windy conditions. It comes as insurers for farmers affected by the Shackleton-Corrigin fire recently engaged law firm Hall & Willcox to examine the cause of the fire to determine whether anyone may be held liable, including the Shire of Bruce Rock. The Shire of Bruce Rock granted a burning permit to a farmer four days before the fire, which was ignited from an “authorised stubble burn, conducted before the fire and then extinguished” which reignited in 40C temperatures. If farmers affected by the Wickepin-Narrogin fire did launch a class action, it would be the first against the State-owned energy provider since the Parkerville bushfire in 2014, which razed 57 homes after a rotten jarrah power pole fell to the ground. Western Power initially escaped liability by delegating responsibility to subcontractor Thiess and the then-83-year-old property owner Noreen Campbell, who were found liable for $13 million in damages. However, WA’s highest court last year ruled Western Power was in part to blame after breaching a duty of care to have point of attachment poles inspected regularly. WA’s Court of Appeals overturned the original finding, saying Western Power was the most -responsible and opening the utility up to pay the biggest share of the tens of millions of dollars in damages to the 189 victims. “Western Power’s breach of its duty continued over many years, during which it failed to have any system for periodically inspecting point of attachment poles and during which the deterioration of the PA pole was discoverable by inspection,” the judgment said. The court found Western Power carried 50 per cent of the liability, while Thiess carried 35 per cent and the property owner 15 per cent. The liability was previously split between Thiess and the property owner — 70 per cent to 30 per cent respectively.