The Environment Centre Northern Territory (ECNT), the region’s leading conservation organization, has initiated legal proceedings to challenge the Northern Territory government’s approval of the largest fracking project in its history. The case, filed with the NT Civil and Administrative Tribunal (NTCAT), targets the decision in May 2024 by Minister Kate Worden to greenlight Tamboran Resources’ Shenandoah South Exploration and Appraisal (E&A) Programme.
This challenge marks the first legal test of new third-party merits review provisions under the Petroleum Act, introduced following the recommendations of the Scientific Inquiry into Hydraulic Fracturing, commonly known as the Pepper Inquiry. ECNT is seeking to have the environmental management plan (EMP) for the project overturned, citing inadequate assessment of the risks to surface water and aquifers.
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Environment Centre NT Launches Legal Challenge Against Record Fracking Approval
The Shenandoah South E&A Programme involves the drilling of up to 15 new wells at four exploration sites in the Beetaloo Basin, a region at the heart of Northern Territory’s fracking debate. Tamboran Resources lodged the application for this project in December 2023, aiming to meet the demands of a gas supply agreement with the NT government.
This agreement, signed on April 23, 2024, commits Tamboran to supply 40 terajoules of gas per day for nine years, with an option to extend for an additional six years. However, the deal was struck before the necessary environmental approvals were secured.
ECNT’s legal case, represented by environmental lawyer Elaine Johnson of Johnson Legal, argues that the approval of the EMP fails to address significant contamination risks to the region’s water resources. Dr. Kirsty Howey, Executive Director of ECNT, expressed deep concerns about the potential impact on the Territory’s vital water systems.
“Territorians won’t stand for risks of damage to our precious water. We’ll do everything we can to protect our ancient underground aquifers, and the incredible springs and rivers that they feed,” Dr. Howey stated. “This is the largest fracking proposal ever approved in the Territory, and it’s crucial it gets the scrutiny it deserves.”
The ECNT’s grounds for review include concerns that the approval process did not meet key recommendations from the Pepper Inquiry, which highlighted the significant risk of groundwater contamination from fracking operations.
The inquiry’s final report underscored the dangers of contamination from stimulation fluid, flowback water, and chemicals—a concern that ECNT echoed in their January 2024 submission on the EMP. The submission also criticized the lack of adequate baseline data, which is essential for understanding and mitigating potential risks.
Dr. Howey further emphasized the potential environmental impact, noting, “We will argue that the approval should be set aside due to unacceptable risks and impacts on surface water and groundwater, including the Cambrian Limestone Aquifer, which sustains flows to iconic waterways like Bitter Springs and the Roper River.”
The challenge comes amid long-standing community opposition to fracking in the Northern Territory, with water resource protection at the forefront of public concern. The controversy has sparked strong public calls for the Shenandoah South project to be referred to Federal Environment Minister Tanya Plibersek under the expanded water trigger provisions, which could lead to further scrutiny at the national level.
As the legal proceedings unfold, the outcome could set a significant precedent for future fracking projects in the Northern Territory, potentially reshaping the landscape of environmental management and resource extraction in the region.
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