A Kimberley gas fracking proposal by Texas-based Black Mountain Energy (BME), via subsidiary Bennett Resources, has been declared a Controlled Action by the Commonwealth Department of Environment, based on the project’s potential impacts on four Matters of National Environmental Significance, including the so-called ‘water trigger’. 

Environs Kimberley Executive Director Martin Pritchard said the decision was the first time a shale or tight gas fracking project in Australia has been designated a Controlled Action under the EPBC Act and subject to a final approval decision by the Federal Environment Minister.

Protest at Marrickville Town Hall – the Prime Minister’s electorate calling for a frack free Kimberley. Photo: Environs Kimberley.

“We are delighted that, thanks to massive community pressure, the ‘Valhalla’ project’s impacts on the world-renowned Kimberley are now subject to a final approval decision by Environment Minister Plibersek, taking into account its impacts on water, threatened species, migratory species and the National Heritage-listed Martuwarra Fitzroy River.

“The proposal should have been rejected outright by the Commonwealth as ‘clearly unacceptable’ and we are very disappointed that the level of assessment set – ‘by preliminary documentation’ – is very low and could be completed very rapidly with little or no new information.

“We will now be working overtime to ensure that the assessment is as rigorous as possible and that the Minister ultimately makes the right decision.

Mt Hardman Creek flows into the Martuwarra Fitzroy River – Black Mountain is proposing to frack 2 wells within 1km of the waterway. Photo: Environs Kimberley.

“There are many aspects of this decision that are unclear in terms of what the proponent is now required to do and how the community can continue to be engaged, and also how this relates to the ongoing WA EPA assessment of the project, but we will work through that with the Department in coming days.

“Given the clear information provided by scientists and the evidence we have of the global climate crisis, including coral bleaching in the Kimberley and Ningaloo right now, to allow the opening of a new oil and gas province would be unconscionable,” Mr Pritchard said.

“The carbon emissions from these twenty test fracking wells are equivalent to putting 1.5 million cars on the road for a year, we’re talking tonnes of toxic chemicals pumped under extreme pressure underground with billions of litres of water and radioactive wastewater.

“This is an industry that should be consigned to the dustbin of history.

“Minister Plibersek and the Prime Minister Anthony Albanese need to stand for the globally significant natural and cultural values of the Kimberley before it is too late. In 2021 they committed to World Heritage listing for areas of the Kimberley where Traditional Owners wanted it. 

“History, and voters, will judge the Australian Labor Party incredibly harshly if they allow fracking in the world-renowned Kimberley.”

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.”

More than 23,000 petitions and postcards from voters calling for a ban on fracking in the Kimberley have been handed over to Premier Roger Cook and Minister Simone McGurk in Fremantle.

“The Kimberley is known for its world class landscapes, intact nature and ancient culture; to allow fracking here would be a disaster,” Environs Kimberley Executive Director Martin Pritchard said.

More than 23,000 voices, one clear message: ban fracking in the Kimberley.

“And Fremantle locals know it. It’s why they’ve been volunteering in droves to put up yard signs committing to vote for a candidate who will ban fracking, attending local events, and reaching out to their friends and neighbours asking them to join the momentum," he said.

“The only people who support fracking are the gas companies chasing bigger profits. Those who know about the toxic pollution and damaging production methods are completely opposed.

“This 23,000 signature petition is a powerful message to the Cook government and the Minister for Water, Simone McGurk that people want fracking banned in the Kimberley like it is in the southwest of Western Australia.”

Fremantle locals know fracking Kimberley would be disastrous.

Lock the Gate Alliance spokesperson Claire McKinnon said: “We’re ramping up the pressure of our community campaign – that's driven by hundreds of Freo locals – calling on Simone McGurk to ban fracking in the Kimberley in the leadup to the WA election.

“These 23,000 petitions, plus our door to door and community event surveys have revealed without a doubt that Fremantle constituents want their local MP Simone McGurk to ban fracking in the Kimberley – and they’re willing to switch their votes over it," she said.

“Fracking, which requires a toxic cocktail of dangerous chemicals and huge volumes of water, poses a major threat to the Kimberley’s communities and its unique environment.

“WA Labor was right to ban fracking across the south west of the state, but leaving the Kimberley at risk exposed a double standard. This must be fixed.” 

You can send a message asking Premier Cook to ban fracking in the Kimberley here. 

Photos: John Reed.

Premier Cook on election trail in the Kimberley – community calls for fracking ban commitment

West Australian Premier Roger Cook is on the election trail in Broome and has been greeted with a strong community call to extend the ban on fracking in the southwest of the state and the Dampier Peninsula to cover all the Kimberley.

While the WA Government under Premier Mark McGowan’s leadership promised veto rights for Traditional Owners and farmers over fracking in 2018, the promise has not been fulfilled and the whole process is creating significant division in communities across the region.

“There’s a simple answer to the whole question of the destructive industrialisation of the Kimberley through oil and gas fracking and that’s a ban on the industry like there is in the Southwest of the state,” said Environs Kimberley Executive Director Martin Pritchard.

The community protest at local Kimberley MP Divina D’Anna’s office called for the ban in light of the proposal by Texan fossil fuel company Black Mountain, to drill and frack 20 oil and gas wells in the Martuwarra Fitzroy River catchment.

The WA EPA is currently assessing the proposal and a decision will be required of the WA Government after the election.

The Kimberley community has vehemently opposed fracking for the past 12 years and concerns have been heightened recently with Black Mountain proposing a pipeline to an LNG refinery in the Pilbara.

“A recent report by climate scientists has shown the potential for 8,700 oil and gas wells across the region that would seriously undermine Australia's ability to meet its climate goals, surely the Premier Roger Cook doesn’t want to open the Kimberley to that,” Mr Pritchard said.

“What we have now is a completely different proposition to what the WA government based its lifting of the ban on fracking in the Kimberley in 2018. What we’re facing now is turning the Kimberley into Texas,” Mr Pritchard said.  

“The community wants a commitment from the Premier and the Labor party that the already existing ban on fracking in the Southwest of the state and the Dampier Peninsula be extended to cover the whole Kimberley,” Mr Pritchard said.

Surveying of over 1,000 people in the seat of Fremantle revealed 92% of voters want a ban on fracking and 72% are willing to change their vote for it.

“If its too risky for the Southwest then we shouldn’t be discriminated against in the Kimberley just because it’s been a safe Labor seat,” Mr Pritchard said.

You can send a message asking Premier Cook to ban fracking in the Kimberley here. 

Photo: Damian Kelly.

Today marks the close of the EPA’s eight week public comment period on Black Mountain Energy’s proposal, via subsidiary Bennett Resources Ltd, to drill and frack 20 exploratory gas wells in the Kimberley (the ‘Valhalla’ project).

If approved by the Cook government, the project would be the first fracking project in the Kimberley since the lifting of the WA fracking moratorium in 2018 and the largest fracking proposal the region has seen.

Environs Kimberley (EK) as well as Seed Mob, Lock the Gate, Conservation Council of WA and the ACF have handed over several thousand public submissions opposing the fracking project, as well as our own detailed submission with accompanying expert reports on water, hydro-geology and greenhouse gas emissions.

EK Acting CEO Martin Pritchard said, “This proposal is the precursor to a catastrophic, landscape–scale onshore oil and gas fracking takeover of the Kimberley's globally–renowned tropical savannah, the largest and most intact in the world.

“Our research into Black Mountain’s fracking proposal is backed by robust, detailed science and it demonstrates the many serious impacts, risks and uncertainties associated with the project – which the company has sought to downplay or ignore in its environmental reports.

“Given what we, and other groups, have documented and submitted we believe the EPA will have to recommend against the proposal.  Then it’s up to the Cook government to make the final decision.

“We have documented significant threats to the National Heritage–listed Martuwarra Fitzroy River; to the uncontaminated groundwater aquifers relied upon by communities and the environment, and the project’s climate impacts – these 20 fracking wells alone would pollute equivalent to 1.6 million cars a year.

“Ultimately, thousands of wells and a huge pipeline would be required if the gas was to be exported through the North West Shelf, as is the current plan.

“Once fracking occurs its impacts are irreversible. When fracking companies become established, the expansion of impacts is inevitable. This has been the experience in multiple comparable fossil gas basins in the US, where Black Mountain is based.

“We're again calling on the Cook government to avert this disaster by banning fracking in the Kimberley as it has done in the Southwest, Peel and Perth Metropolitan areas. There is no good reason to allow fracking in the Kimberley while other parts of the State are protected.”

You can call on the WA Cook government to ban fracking here

Photos:

Submission handover at the EPA office Joondalup - Martin Pritchard

US fracking fields - Ecoflight

Martuwarra Fitzroy River - Martin Pritchard

First shale gas fracking plan in Australia under Federal Environment Laws released - Faces Staunch Community Opposition in the Kimberley

A new plan to drill and frack six oil and gas wells in the heart of the Kimberley’s National Heritage-listed Martuwarra Fitzroy River catchment will face fierce widespread community opposition in the Kimberley to the environmentally destructive plan. 

The fracking project plans were released on 24th July by Federal Environment Minister Tanya Plibersek’s Department of Climate Change, Energy, Environment and Water for public comment.  

“This is the first shale gas fracking proposal referred under Federal environment laws. It will be the first test of the water trigger since amendments were made to include shale gas in December last year,” said Environs Kimberley Director of Strategy Martin Pritchard. 

Kimberley residents protest the fracking plan in Broome. Pic: Danny Estcourt.

Black Mountain subsidiary Bennett Resources, owned by Texan billionaire Rhett Bennett, plans to turn the Kimberley’s Canning Basin into a US style oil and gas field.

While this proposal is for six wells, the ultimate goal is to develop a global scale oil and gas field using the highly polluting fracking technique pioneered in the 1990s in the US.

“Black Mountain have said they need a pipeline to the Pilbara. If they got such a pipeline they’d need thousands of oil and gas wells to feed it and pay for it. We’d be looking at a landscape industrialised by the oil and gas industry like they have in Texas and across North America,” said Martin Pritchard, Director of Strategy at Broome-based conservation group Environs Kimberley.

“Fracking uses vast quantities of water laced with poisonous chemicals pumped at extreme pressures through wells that pierce groundwater aquifers. Wastewater returned to the surface has been found to contain radioactive materials as well as a legion of carcinogenic compounds. This industry is incompatible with the globally significant natural values of the Kimberley,” Claire McKinnon from Lock the Gate said.

Three wells have been test-fracked in the Kimberley over the past 14 years and all have had problems, including documented well-integrity failures.

Wastewater ponds have overflowed in the monsoon season, spilling onto floodplains and endangering the plants and animals of the Kimberley.

The wells are close to tributaries of the National Heritage-listed Martuwarra Fitzroy River, the last stronghold of the critically endangered Freshwater Sawfish, and is a highly popular Barramundi fishing mecca.

“The community is outraged that this is being inflicted on the Kimberley particularly given the climate crisis we are living in. If we want a safe climate future we know it is vital not to open new oil and gas fields especially at the scale we could see in the Kimberley,” said Yisah Bin Omar from Seed, Australia’s first Indigenous youth-led climate network.

Oil and gas company Woodside abandoned plans to build gas refineries costing $80-billion at James Price Point in 2013 after national protests and community backlash in the Kimberley.

“We don’t want to see a James Price Point situation unfolding again here, The Albanese and Cook Governments must take action now and rule out fracking gasfields in the Kimberley,” said Mr Pritchard.

Photo: Danny Estcourt

Kimberley fracking proposal referred to Commonwealth: Minister Plibersek must assess

Global tourism destination and nature and cultural icon, the Kimberley, is now in the sights of US oil and gas company Black Mountain Oil and Gas owned by Texan billionaire Rhett Bennett.

The company, via subsidiary Bennett Resources Ltd, has just referred a proposal for 6 frack wells to the Federal Environment Minister for a decision on whether a full Commonwealth assessment under the EPBC Act is required. The full proposal, currently under assessment by the WA EPA, is actually a 20 well fracking project.

Ultimately, if fracking is approved, Black Mountain will require a 1,100km gas pipeline to Pilbara LNG facilities for export which would potentially lead to thousands of oil and gas fracking wells across the Kimberley leading to global scale carbon emissions.

Martuwarra Fitzroy River (Pic: Damian Kelly)

The Minister’s decision on whether an EPBC assessment is required for the ‘Valhalla Project’ is open for public submissions for ten days.

“This proposal to open a new fracking province in the Kimberley, akin to the gas fields of Texas, is shocking to most Australians. The Albanese government has the obligation here, following a rigorous assessment, to reject the fracking proposal and protect one of the world’s last, large intact landscapes from a horrific future of industrialisation on a massive scale, said Environs Kimberley Director Martin Pritchard. 

The ‘Valhalla’ proposal would clear habitat of the Greater Bilby which is listed as threatened under the EPBC Act. The fracking would require 100 million litres of groundwater per well leading to huge volumes of wastewater in the catchment of the National Heritage listed Martuwarra Fitzroy River. Two wells that have previously been fracked by Mitsubishi and Buru Energy on the same petroleum lease contained radioactive material in the wastewater.

The drilling and fracking is also in an area with complex underground geology and the region's groundwater aquifers are poorly understood.

“Ïf the Commonwealth is going to take its responsibilities seriously it needs to fully assess this proposal under the EPBC Act. We’re calling on the Minister Tanya Pilbersek to invoke the new water trigger law on this and make sure that Kimberley waterways, springs and groundwater are protected from fracking,” said Mr Pritchard.

Serious questions are being asked about the referred proposal including why the company has submitted a different proposal to the one under assessment by WA EPA with twenty frack wells.

““This company has been fined by ASIC for greenwashing and now they're referring to the Commonwealth a different project to what’s in front of the WA EPA - we’re calling on the highest level of scrutiny to be applied to this.”

Broome protest (Pic: Environs Kimberley)

Environs Kimberley was central to the successful campaign to protect the Kimberley coast from Woodside’s plans for gas refineries at James Price Point a decade ago. The eight-year campaign which gained international prominence led to Woodside and its joint venture partners abandoning the $80 billion project.

“We don’t want to see another James Price Point scenario”.

“This international nature tourism destination is known for its stunning landscapes, intact nature and Aboriginal culture. The $600 million tourism industry is dependent on the unspoilt scenery of places like the National Heritage listed Martuwarra Fitzroy River Valley and is currently being looked at for World Heritage listing after a commitment from Labor at the last election.” 

Sign the petition to ban fracking in the Kimberley here.

The WA Government has quietly approved a groundwater extraction licence that would allow an overseas-based fracking company to take 100 million litres of groundwater each year.

While the state’s water department (DWER) approved Black Mountain Energy’s water licence on May 2, no public statement was issued, and the only way to find evidence of the licence’s approval is by searching the company’s Australian subsidiary, Bennett Resources, on the WA Government’s Water Register website.

The licence gives Black Mountain permission to access the groundwater for “the maintenance of unconventional gas wells, dust suppression, mining camp purposes, stock watering and rehabilitation purposes”.

However, the company’s “Valhalla” exploratory gas fracking project is still undergoing environmental assessment, and a public consultation process still needs to be conducted.

Dead duck in Buru Energy wastewater pond

If Valhalla is approved, Black Mountain would drill 20 exploration wells between 2 km and 4 km deep and hydraulically fracture them in up to 70 stages each. It would also require an additional two billion litres of groundwater.

Valhalla is also only an exploration project. Black Mountain’s website makes it clear the company wishes to expand to full scale production. If this occurs, it would require the drilling and fracking of many hundreds of wells. An export-scale project would also require a 1100km high-pressure gas pipeline to the Pilbara, processing facilities, pumping stations, flare stacks, and heavy-vehicle access roads. 

Mount Hardman Creek where Black Mountain oil and gas wants to drill and frack

Environs Kimberley Director of Strategy Martin Pritchard said, “If Black Mountain goes into full production with hundreds of wells, the volume of precious groundwater required would be unimaginable.

“This incremental threat of enormous levels of precious groundwater extraction shows why fracking must not be allowed to take-off in the Kimberley. 

“Fracking uses toxic chemicals that can pollute our clean water here in the Kimberley, why would we risk that?”

“Giving Black Mountain’s Valhalla Project the go ahead risks opening up the Kimberley to full-scale industrialisation by petroleum companies eager to get at the unconventional gas within the Canning Basin. This would ignite a carbon bomb, at a time when increasingly severe heat waves caused by the burning of fossil fuels and resulting climate change is putting the Kimberley at risk of becoming unliveable.”

Overflow at Buru Energy wastewater pond in the Kimberley

Read local media's reporting on the approval here.

The Kimberley $67.5 million resilience package announced today by the WA Premier fails to get to grips with the ruinously expensive costs of climate change, according to Broome-based conservation group Environs Kimberley.

The WA State Government's mid-term performance review in December revealed that the January 2023 floods in the Kimberley, induced by climate change, will cost taxpayers over $869 million. This extra $67.5 million brings the costs of climate change close to a billion dollars in just over a year.

Environs Kimberley Director of Strategy Martin Pritchard said:

“The Cook Government has described the Fitzroy Crossing floods as the worst in WA’s history but has yet to acknowledge that this is exactly what’s been predicted for the Kimberley with climate change. The amount of taxpayer funds going into climate change disasters is only going to increase — and we’re already looking at a billion dollars from 2023/4 alone.”

"Even as the impacts of climate change get worse, the Cook Government is sleepwalking into one of the biggest polluting industries in the world – oil and gas fracking – right here in the Kimberley.

Climate change scientists have estimated that if the oil-and-gas fracking industry in the Kimberley takes off, it could unleash three times Australia’s emissions of climate-changing CO2 into the atmosphere than our estimated emissions budget under the Paris Agreement[1].  

“The Premier Roger Cook is playing around the edges, while the Kimberley heads to becoming unlivable according to the climate modeling the WA Government itself uses.” [2]

“The Premier is pouring taxpayer money to fix up climate-change disasters, while at the same time allowing an oil-and-gas fracking industry to operate, which would produce globally significant climate-changing carbon pollution. This is wrong. If we want a resilient future, then these types of industries must be banned.”

Photo: Fitzroy River bridge, 2023 floods - Andrea Myers

[1] Climate Analytics Western Australia's gas gamble - implications of natural gas extraction in WA

[2] WA Government Western Australian Climate Change Projections (2021)