2 October 2024

NT Government faces another fracking challenge

| James Day
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A large group of people protesting against fracking in the NT.

Recently the NT Supreme Court rejected a separate bid by the Central Australian Frack Free Alliance (CAFFA), which argued former environment minister Lauren Moss had failed to consider the project’s environmental impacts. Photo: Facebook.

The Environment Centre (ECNT) is making a last-ditch effort to stop Tamboran Resources from embarking on the largest fracking proposal ever approved in the Northern Territory.

Despite concerns for the significant impact it could have on the region’s water, former environment minister Kate Worden gave consent to the company’s environment management plan on 23 May. The Shenandoah South fracking project involves drilling up to 15 new fracking wells at four locations in the Beetaloo Basin.

On 27 August the peak community sector environment organisation wrote to the public natural gas company. ECNT requested it delay drilling works until the NT Civil and Administrative Tribunal (NTCAT) made a final decision on the merits review launched last month, which seeks to overturn the project’s approval.

But two days later Tamboran reported it had commenced drilling works. Now the ECNT is seeking final orders from NTCAT that set aside the government’s approval for the project.

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ECNT has made this stay application to make sure the tribunal has an opportunity to assess what they argue to be unacceptable risks to surface water and groundwater.

Executive Director Dr Kirsty Howey said this included the ancient Cambrian Limestone Aquifer that sustained flows to iconic waterways such as Bitter Springs and the Roper River.

“Territorians don’t want our precious water put at risk,” she said. “This is the largest fracking proposal ever approved in the Territory, and it’s crucial it gets the scrutiny it deserves.”

The organisation will be represented by environmental lawyers Matt Floro and Elaine Johnson of Johnson Legal in these proceedings.

It will be the first challenge to a fracking project initiated under new third-party merits review provisions in the Territory’s Petroleum Act – created following a recommendation by the Scientific Inquiry into Hydraulic Fracturing. It allows third parties like ECNT to challenge some of the decisions that are made by a minister, including environment management plan approvals.

A group of people holding up a blue sign reading 'a drop of water is precious in the Desert'.

Contamination of groundwater from stimulation fluid, flowback water and chemicals was a significant risk of fracking outlined in the Pepper Inquiry Final Report. Photo: ALEC.

The NT Government signed a gas supply agreement with Tamboran on 23 April, providing 40 terajoules of gas per day over nine years with the option to extend for a further six years. However this deal was locked in before the Shenandoah South project, a part of the agreement, was given environmental approvals.

A spokesman for the company recently told the ABC its plan was approved under “rigorous evaluation and assessment” by both the NT Environment Protection Authority and former minister Worden.

“Tamboran takes the protection of the environment and water extremely seriously and remains committed to following the Northern Territory’s environmental regulations,” said the spokesman.

“Tamboran has successfully drilled four wells across our operated Beetaloo Basin acreage and we will continue to undertake our operations in an environmentally-safe and low impact manner.”

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Last month, Federal Environment Minister Tanya Plibersek referred Beetaloo Basin fracking exploration and appraisal plans to the Independent Scientific Expert Committee (ISEC) for an assessment of their impacts on water.

Despite strong calls from the public to have the Shenandoah South project included under the expanded water trigger, no action has been taken.

Three days after the former plans were referred to Ms Plibersek, Tamboran managing director and CEO Joel Riddle gave his response to the ASX.

“All water use is subject to a water extraction licence which ensures the volume of water used is sustainable and consistent with the NT Water Allocation Plan (WAP),” said Mr Riddle.

“Tamboran’s proposed WAP represents only 5.6 per cent of the industry allocation within this WAP, or 0.2 per cent of the estimate sustainable yield.

“Tamboran is confident in our assessment that our current activities do not have a significant impact on water resources, and we welcome further confirmation from the IESC to this effect.”

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