Community groups in the Northern Territory are urging Federal Environment Minister Tanya Plibersek to urgently apply the water trigger to fracking projects in the Beetaloo Basin.
This call to action follows alarming revelations that Empire Energy has committed numerous environmental and compliance breaches.
Some of Empire Energy’s most serious reported breaches and incidents include failing to notify the Heritage Branch of the NT government about stone artefacts found near the Carpentaria 4 wellpad until almost 18 months after their discovery.
These artefacts, which include a grindstone, grind base, axe, and spearhead, were moved to another site before the Heritage Department was notified, according to Empire’s archaeological survey prepared as part of its Environmental Management Plan (EMP).
Another significant breach involved a leak between the liners of an open wastewater treatment tank at the Carpentaria 1 wellpad. Empire Energy also built two gravel pits at Carpentaria 1 and Carpentaria 4 without permission, resulting in unauthorized land clearing.
The company constructed a well pad within 100 meters of Relief Creek, despite regulations requiring a minimum distance of 200 meters, thereby putting the waterway at higher risk of contamination from drilling and fracking chemicals during heavy rains.
This waterway leads to the sacred site known as “Mermaid Pool.”
Empire Energy failed to properly prepare for major flooding and the potential overflow of hazardous material, such as during Cyclone Meagan at the end of the 2024 wet season.
The company did not comply with requirements to maintain low levels in waste storage units to prevent overflow. Moreover, a mud sump used to store dangerous fracking wastewater at Carpentaria 1 had a tear and holes in its liner.
The company also took more groundwater than allowed by its water licence at Carpentaria 1 and did not ensure a qualified ecologist conducted Gouldian finch ground-truthing as required before site work began.
Empire Energy failed to properly store and use chemicals and hazardous materials, resulting in spills of drilling mud and cuttings on the ground, pooling liquid near chemical storage areas, and a lack of bunding to catch hazardous spills or leaks.
Furthermore, the company failed to manage possible sediment runoff from its works, as a pile of topsoil at Carpentaria 1 was too high and not properly covered or fenced, posing a risk of land and waterway pollution.
A full list of incidents, fully referenced, is available here (pdf).
These revelations come just a week after the NT’s Environment Protection Authority decided Empire Energy did not need to submit an Environmental Impact Statement for its latest Carpentaria exploratory fracking project.
This project involves drilling and fracking an additional 10 wells, installing a new gas plant, and laying new pipelines. The Minister is currently assessing Empire Energy’s latest expansion plans, with a final decision expected soon.
The new project includes further drilling at the site where the cultural artefacts were found but not reported, and where unauthorized clearing took place.
Territory community groups are also calling on the NT Government to clarify any penalties imposed on Empire Energy and to take strong disciplinary action regarding the fracking breaches.
Katherine vet and Protect Big Rivers founder Dr. Sam Phelan expressed his concerns, stating:
“The Territory’s EPA is clearly not up to the task of properly regulating the fracking industry. We desperately need Federal Environment Minister Tanya Plibersek to call these polluting projects in for full environmental assessment under expanded water laws.”
“All these extremely concerning incidents are from relatively small exploratory fracking projects. The NT Fracking Inquiry predicted a likely production scenario of 6,000 wells. These revelations show a development of that scale would leave us with long term contamination of our country and water.”
Phil Scott, spokesperson for Frack Free NT, criticized the NT Government for a lack of transparency, saying:
“These breaches were all self-reported by Empire Energy. Who knows what detail may have been left out. Territorians have no way of knowing whether the government has penalised Empire in response to any of these incidents or let this company completely off the hook.”
“Many of these breaches are serious, and Empire Energy ought to be prosecuted. These breaches and the EPA’s unwillingness to require an environmental impact statement for Empire’s new frack project show that the NT Lawler Government is selling Territorians and our environment down a polluted river in order to appease multinational fracking companies.”
“It is absolutely outrageous that the EPA has not, at a bare minimum, required an environmental impact statement for Empire Energy’s new frack plan – these compliance breaches clearly show this company’s activities are having an undeniably negative impact on the environment.”
Central Australian Frack Free Alliance spokesperson Hannah Ekin highlighted the importance of water to the Territory and its communities, stating:
“This disturbing list of compliance breaches reveals fracking at the exploration stage is already putting this precious resource at risk. It’s really worrying that the NT’s EPA has decided not to request an environmental impact statement for Empire’s new fracking project, despite this litany of compliance breaches. But it’s also unsurprising.”
“We know the Territory Government is captured by the fracking industry, and that’s why it’s so important that Federal Environment Minister Tanya Plibersek step in to protect the Territory’s communities, precious water, and unique environment.”
Empire Energy’s 100%-owned subsidiary Imperial Oil & Gas Pty Limited is the holder of the largest acreage position (>28m acres) in the highly prospective Betaloo Basin.
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