Powercor cops fine over Terang St Patrick's Day bushfire

Clashing conductors at pole No. 3 near the Terang electrical substation led to molten metal falling to the ground and sparking the devastating bushfire in March 2018.

The fire burnt about 5800 hectares of land in Dixie, Cobrico, Cobden, Elingamite, Glenfyne, Jancourt and Scotts Creek.

Powercor pleaded guilty on Monday to failing to minimise the risk of bushfire.

On Wednesday the energy giant was convicted and fined $133,000.

The maximum penalty for the charge is $237,855.

Magistrate Kieran Gilligan said there were no current sentence practices for the offence as it was the first time it had been prosecuted.

He said it was a day of total fire ban in the south-west on St Patrick's Day in 2018, with dry, hot and very windy weather conditions, and a severe fire danger rating for the south-west fire district.

He said nearby weather stations recorded maximum winds gusts of 104km about 8pm that night.

Mr Gilligan said the fire started at 8.49pm near the location of pole No.3 near the intersection of Peterborough Road and High Street, Terang.

He said the fire initially started on private property near the substation on the south-western corner of the intersection and burned in south-easterly directions through mainly private land, covering a perimeter greater than 80 kilometres.

He said a leaning pole caused the conductors to slack and then clash, with fallen molten conductor material causing dry grass to ignite and to continue to burn out of control due to existing weather conditions.

Mr Gilligan said there were no defects reported during an inspection of the pole in January 2017 and that a failure of "no complaint" was the catalyst for the fire.

"The lean of the pole ought to be recognised given previous works were conducted in relation to that pole," he said.

He said it was a "matter of plain logic" that a leaning pole would contribute to a slackening of the conductors and a subsequent potential clash.

The magistrate rejected the defence's claim that the offending was at the lower end of the scale.

He said the gravity of the consequences were serious, with the fire damaging or destroying farmland, stock and property, and creating a risk of harm to residents in the area.

"Fortunately, no lives were lost, nor injuries sustained," he said.

But he said the victim impact statement read by Vicki Angus, and others tendered to the court, "reminded us that besides physical material damage, there is the psychological and emotional toll that is associated with bushfires".

The magistrate said he did not accept that there was an early plea of guilty by the offender but admitted that there was utilitarian value in the matter finalising on the sixth day of a contested hearing, which was due to run for 25 days and hear from 20 witnesses.

The hearing only heard from one prosecution witness.

The magistrate said that in sentencing, he had also taken into account Powercor's work to rectify the clearance issues following the devastating fire.

He said Powercor had since surveyed similar poles and engaged in new technology in order to reduce the risk of vegetation and clearance and clashing issues.

The sentence comes two weeks after the prosecution withdrew five charges against Powercor, including all those related to the Garvoc fire, which ESV said was the result of a rotten pole power snapping in high winds.

The Garvoc blaze wiped out at least two houses, 4000 hectares and stock.