Lock the Gate has launched the first legal challenge to fracking under the water trigger
A groundbreaking Federal Court case could reshape how fracking projects are assessed under Australia’s national environment laws. Lock the Gate Alliance has launched the first-ever legal challenge to fracking under the water trigger, aiming to protect Northern Territory groundwater from potential contamination by gas exploration activities.
The legal action, spearheaded by Environmental Justice Australia on behalf of Lock the Gate, targets Tamboran B2 Pty Ltd’s Shenandoah South Exploration and Appraisal project. The proposed development involves fracking up to 15 gas wells in the Beetaloo Basin, a region rich in biodiversity and cultural significance near Daly Waters.
The Beetaloo sub-basin, located approximately 500 kilometers southeast of Darwin, is home to Aboriginal land, pastoral leases, horticultural enterprises, cattle stations, and remote Indigenous communities. The area is also a focal point for fracked gas exploration, with much of the Northern Territory covered by exploration permits.
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Minister Plibersek’s failure to pull water trigger for full assessment of water risks from fracking
16 December 2024 – Today Federal Environment Minister Tanya Plibersek reveals she will not apply the “water trigger” to properly scrutinise the impacts on water of fracking development in the Beetaloo Basin. Independent Expert Scientific Committee advice here.
Nurrdalinji Aboriginal Corporation, which represents native title holders from the Beetaloo Basin region and has made several submissions to the Federal Minister, the NT Government and the Northern Land Council calling for the water trigger to be applied to fracking projects, today expressed deep concern that projects will not be subject to full assessment for their impact on water in their region.
Chair of Nurrdalinji Aboriginal Corporation, Djingili Elder Samuel Janama Sandy said, “The Independent Expert Scientific Committee admits there are big gaps in what we know about how fracking, cotton growing and other development will drain or poison our water. We must know more before we drill into country and the big water lungs that sit below it.
“Minister Plibersek needs to get out of her air-conditioned office, bring her scientists with her, and take a good look at what’s happening here. We have animals dying, birds dying, ecosystems under stress and we will have a big catastrophe for water if this development goes ahead.
“These gas companies are cowboys who don’t play by the rules. There’s already been a number of pollution events from Tamboran and Empire’s handful of wells which put water at risk. What will happen when there are hundreds and then thousands?
“We can’t risk our water, which is the source of all life as we know it. We have a responsibility to protect it. Our rivers, lakes and underground waterways are everything to us in the Territory. If water is poisoned or drained away, we’re shot birds”.
Tamboran Under Scrutiny
The core argument in Lock The Gate’s legal challenge is that Tamboran’s project, likely to have significant impacts on groundwater, falls under the water trigger provisions of Australia’s environmental laws. These provisions mandate federal oversight for activities that could compromise water resources. Despite this, Tamboran has neither referred its project for federal assessment nor faced intervention from the Federal Environment Minister.
Lock the Gate Alliance claims Tamboran’s early work on the Shenandoah project is proceeding without proper scrutiny, raising alarm among environmental advocates and local communities.
“Tamboran’s project represents a serious risk to groundwater in the Northern Territory,” said Carmel Flint, National Coordinator for Lock the Gate Alliance. “We believe further assessments are necessary, and the company should seek approval from the Federal Environment Minister. If it doesn’t, Tamboran will be in breach of national environmental law.”
Darwin local and Lock the Gate spokesperson Pete Callender added, “We are trying to ensure the water trigger does its job of protecting water in the Northern Territory. The likely risk of contamination from fracking chemicals and toxic wastewater cannot be ignored.”
Environmental Justice Australia’s Senior Specialist Lawyer Retta Berryman emphasized the legal framework underpinning the case. “Our national environment laws require fracking projects with a likely significant impact on water resources to be referred for federal assessment. This challenge is about upholding those laws and ensuring companies like Tamboran abide by them.”
A Legal First: Fracking Under the Water Trigger
The Lock the Gate Alliance’s legal action marks the first time fracking has been challenged under the water trigger provisions of Australia’s environmental laws. These provisions require federal assessment of projects likely to have significant impacts on water resources. The case seeks to compel the Federal Government to evaluate Tamboran’s Shenandoah project, a step that Traditional Owners argue is essential to protect the Beetaloo’s fragile environment.
Traditional Owners Back the Challenge
The Lock the Gate Alliance’s efforts have received strong backing from Traditional Owners in the Beetaloo Basin, who have long voiced concerns about the impacts of fracking on their lands, waters, and cultural heritage.
The Nurrdalinji Aboriginal Corporation, representing native title holders across the Beetaloo Basin, has been advocating for federal oversight of fracking projects for years. Djingili elder and Nurrdalinji Chair Samuel Janama Sandy called for immediate government action.
“Traditional Owners in the Beetaloo have been asking for the impact of fracking on water to be scrutinized for a long time,” he said. “Minister Plibersek needs to call in these fracking projects and assess the impact on water. The companies like Tamboran and Empire can’t be trusted. We want them to pack up and go home.”
Janet Gregory, a Djingili elder and Nurrdalinji Director, highlighted the irreplaceable value of water to Aboriginal communities. “If fracking damages our water, it can’t be healed. If our water is lost or poisoned, where are we going to go? What will happen to our law, our language, our culture, and our country?”
The Nurrdalinji Aboriginal Corporation has also made submissions to the Federal Government, urging updates to water trigger guidelines that better reflect the cultural significance of water.
Beetaloo Basin at the Center of Debate
The Beetaloo Basin, located about 500 kilometers southeast of Darwin, is a focal point for fracked gas exploration in the Northern Territory. The region encompasses Aboriginal land, pastoral leases, horticultural enterprises, cattle stations, and remote Indigenous communities. With much of the NT covered by exploration permits, the basin has become a flashpoint in the debate over environmental protection versus resource development.
For Traditional Owners, the stakes are high. “Aboriginal people are responsible for the health of our lands and water,” said Gregory. “But if companies continue to prioritize profit over sustainability, our future is at risk.”
A Landmark Case for Environmental Oversight
Lock the Gate’s legal challenge could set a critical precedent for how fracking projects are assessed under Australia’s national environment laws. If successful, the case may compel the Federal Government to enforce stricter oversight of fracking operations across the country.
As the Federal Court considers the injunction, both Lock the Gate and the Nurrdalinji Aboriginal Corporation remain resolute in their mission: to protect the Northern Territory’s water, environment, and cultural heritage from the long-term impacts of fracking.
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