Kalgoorlie-Boulder homeowner will ‘personally cut down’ power pole if Western Power puts it on his property

A homeowner in Kalgoorlie-Boulder has vowed to cut down a power pole if Western Power installs it on his property on Wednesday.

The energy provider, with the favour of WA legislation, insists it not only has the right to place the pole on Rob Miller’s property but that he will also bear all maintenance responsibility for it.

In response, Mr Miller told the Kalgoorlie Miner he and his neighbour had refused Western Power’s proposition that one of them needed to accept the “gift” — and he said he would cut the pole down if it was installed in his front yard.

The local business owner said he had informed the power provider, while it was working on his street in early October, that he did not want to take responsibility for the pole.

“Two-and-a-half years ago we got documentation through to say that they were looking at putting a power pole within our property boundaries,” Mr Miller said.

“They would give the pole to us, and it would be our responsibility to maintain it.

“I said to them I didn’t have a problem with the pole going in the front yard, however, it was not going to be my responsibility to maintain Western Power infrastructure.

“Two-and-a-half years down the track, they turned up here approximately a month ago drilling holes up the street.

“I said they could drill the hole (in my front yard), however, no pole is to go up until I get that documentation saying they accept that it’s their responsibility.”

Mr Miller said he was assured some documentation would be sent to him regarding the pole before it was placed in his yard. However, he returned home 45 minutes later to find a pole standing in his yard.

After consulting the man he had spoken with as to why the pole had been installed despite him not receiving any documentation stating it would be Western Power’s responsibility, he was told Western Power would not do that.

The pole was removed from Mr Miller’s yard at his request. However, a few days later he received a call from Western Power.

“(They) were saying that we obviously had a problem and I said ‘I don’t have a problem, Western Power has a problem’,” he said.

Mr Miller said the representative asked if he would be willing to install a power head on his property, to which Mr Miller agreed but, then the representative requested that he pay half of the underground drilling cost.

“For Western Power infrastructure? Not likely,” he said.

“That killed that, so then he said ‘look, we don’t want to get to a point where we’ve got to cut your power off’.”

Mr Miller entered into a back-and-forth conversation with Western Power about the letter he received 2½ years ago when he indicated he did not want the responsibility of a power pole, but Western Power maintained it could not find the documentation or phone conversation.

On November 6, Mr Miller received a letter stating in accordance with the Energy Operators (Powers) Act 1979, Western Power would enter his property on November 22 and install a “consumer pole” which would be “gifted” to him.

The letter stated he would then have to action any future maintenance requirements of the pole.

Mr Miller said he called Western Power straight away and informed it that if anybody installed a pole on his property on November 22, he would “personally cut it down”.

“I’m saying if they turn up — they can have the police here, they can have Western Power, they can have the paper here — I will cut the pole down because 100 per cent I addressed this 2½ years ago,” he said.

Other homeowners on Addis Street have accepted the gifted poles, knowing they are now responsible for them.

However, many local homeowners have also used Facebook to express their confusion over Western Power’s defect notices, indicating not many people were aware the poles on their property were their responsibility.

Some people said the defect notice was unwarranted given there was only some surface rust on their pole, and others questioned if they had to comply with the notice.

Overwhelmingly, there was confusion about the ownership of the poles, with many homeowners saying they were unaware they were considered their property.

One homeowner, also living on Addis Street, was instructed he had to replace his pole. For that task, he was quoted more than $4000 by a local electrician.

The Department of Mines, Industry Regulation and Safety website stipulates power poles and overhead lines which transport electricity from a main switchboard and meter to a home are classed as private power poles and lines.

The website says it is the property owner’s responsibility to “inspect and maintain them”, and to replace them when necessary.

“This is not a new requirement. It has always been the property owner’s responsibility to maintain all electrical equipment they own,” it reads.

The Energy Operators (Powers) Act 1979 gives permission to Western Power and Horizon Power to enter residential properties and carry out work such as the construction and installation of consumer poles.

A Western Power spokesperson said the defect notice blitz was being carried out in Kalgoorlie-Boulder in accordance with the duty of care determined by the High Court of Australia, relating to the Parkerville fire.

On January 12, 2014, a jarrah pole supporting electrical cables fell towards the ground, causing electrical arcing which ignited dry vegetation around the base of the pole.

The fire spread and became the Parkerville bushfire.

The fire burnt about 392ha of bushland, resulting in the destruction of 57 homes and a number of outbuildings. A further six homes were partially damaged.

“(The High) Court identified that Western Power has a duty to inspect the first privately owned power pole on private land and landowners have a duty to inspect and maintain (and repair or replace if required) that pole,” the spokesperson said.

“This is to ensure that both Western Power and the landowner discharge their duties with respect to the safety of their electrical assets.

“Private power poles and power lines carry electricity from the main switchboard and meter to the individual premises and are likely to have been installed when the property was first developed.

“The requirement for property owners to maintain and repair/replace their private power poles has always been and remains the legal responsibility of the property owner.”