Independent legal advice states there would be no obligation for the Western Australian Government to compensate any company that possesses a petroleum tenement, should the ban on fracking be expanded to the Kimberley.

This raises serious questions about the response from Premier Roger Cook, quoted in the media recently, suggesting there could be “legal consequences for the state”, should the ban be extended to include the Kimberley. 

Environs Kimberley Executive Director Martin Pritchard said, “The Premier’s claims are unfounded — we’re yet to see any evidence that there would be legal ramifications from a fracking ban.

“In fact we have legal advice from a barrister — whose career includes many years at the State Solicitor's Office — that shows exactly the opposite. 

Community protest in Broome. Photo: Alex Westover.

“The legal advice is clear — no compensation would be owed to companies who hold a petroleum license if the WA Labor Government banned fracking in the Kimberley.

“The WA Government banned fracking down south and around Perth and as far as we’re aware there was no compensation, so why won’t MPs do it for the Kimberley? 

“The Premier is aware of our legal advice, and we’ve told him, if he knows something that we don’t, we’re more than happy to have it legally reviewed. 

“West Australians won’t stand by while the Kimberley is sacrificed for no reason. Traditional Owners and Kimberley locals are calling for a ban. Community organisations are calling for a ban. And so are WA Labor’s voters. It’s time to act.”

Fremantle locals know fracking the Kimberley would be disastrous. Photo: John Reed.

Lock the Gate Alliance WA Coordinator Claire McKinnon said, “Voters aren’t about to be hoodwinked by Roger Cook’s claims that fracking isn’t going to expand in the Kimberley. 

“The fact is, US company Black Mountain has plans to frack in the Kimberley going through state and federal approval processes right now. 

“Lock the Gate Alliance and Environs Kimberley have galvanised an army of volunteers and supporters in Perth and Fremantle who are backing Kimberley communities in their call for a ban. 

“If the Cook Government refuses to ban fracking in the Kimberley, then it can expect the voters of Freo and Perth to send them a strong message at the ballot box at the upcoming election.”

Oil and gas companies are on notice following Buru Energy’s latest disastrous drilling project in Western Australia’s Kimberley region.

The company revealed today that its recently drilled oil exploration well, 'Rafael Shallow', near the Manguel Creek system that flows into the National Heritage listed Martuwarra Fitzroy River, has found no oil. 

Buru Energy's Rafael Shallow well site.

The announcement today that the $5 million plus well was dry, as well as no social license for oil and gas, serves as a warning that the Kimberley is too risky to invest in.

Environs Kimberley Acting CEO, Martin Pritchard said: “The time for oil and gas in the Kimberley is over, the community doesn’t want it, it’s too damaging to the environment and climate and the financial risk is not worth it.”

"The Kimberley can be powered through renewable energy, this is the future where there are guaranteed returns on investment.

This dry well serves as a warning to oil and gas companies and investors, don’t even think about bringing this polluting industry here, move to renewables, make a safe bet and don’t ruin the Kimberley."

Manguel Creek – a culturally and ecologically significant creek system with springs that flow into the National Heritage listed Martuwarra Fitzroy River.