8000 appeals: Kimberley fracking plan becomes most contested project in WA history

Western Australia’s environmental watchdog has received an unprecedented number of appeals after green-lighting plans for a Texan-owned oil and gas company to frack the Kimberley.

The Environmental Protection Authority WA has received more than 8000 appeals surrounding Black Mountain Energy’s proposed Valhalla project near Derby.

Despite getting the initial green light from the EPA, the project has not received approval from the state’s Environment Minister Matthew Swinbourn.

The number of appeals makes the Valhalla project the most highly contested decision in the state’s history – the previous WA EPA appeals record was 727 for Woodside’s Northwest Shelf project.

The state government has released a statement announcing the Appeals Convenor had advised that “while our team will be working as efficiently as possible to progress all matters, the significant volume of appeals may result in delays in responding within our usual timeframes.”

The approved proposal is for a 20-well exploration project, which is subject to strict conditions including ensuring groundwater is not polluted by any activities.

It is the first fracking project to be approved in WA since 2019 when the Canning Basin in the Kimberley was declared the only area in WA where the gas extraction process would be allowed.

Fracking uses hydraulic pressure to fracture gas-filled rock formations located kilometres underground, to release tight and shale gas, which then travels up a sealed pipe.

Environs Kimberley executive director Martin Pritchard said the number of appeals against the project reflected the community’s outrage and the serious risks posed by the proposal.

“The Kimberley is home to the most pristine tropical savannah woodlands anywhere in the world, spectacular waterfalls and gorges, and wildlife seen nowhere else on earth,” he said.

“Black Mountain Energy’s application to the EPA admits that the chemicals they would pump into the ground can cause severe burns, genetic mutations and organ toxicity to name a few.

“Thousands of community members are standing up to say the Kimberley is worth protecting, and we won’t allow Texan-owned Black Mountain Energy to destroy its unique splendour.”

Conservation Council WA executive director Matt Roberts said thousands of West Australians had “taken the opportunity to make their objections to this project loud and clear”.

“The EPA has got it seriously wrong, but the final decision on this project will sit with the Cook government and environment minister,” he said.

“It’s clear the WA community doesn’t want fracking in the Kimberley, and neither does the WA Labor Party, which voted for a statewide ban at its conference late last year.

“The EPA should never have recommended in favour of this project.”

Roberts said he was calling for the Appeals Convenor to recommend the rejection of Valhalla, on the grounds no evidence had been provided that there would be no impact to threatened species or groundwater, or the Martuwarra Fitzroy River National Heritage area.

“We are also concerned about the precarious financial capacity of the proponents to meet the already inadequate rehabilitation conditions under the terms of the EPA, let alone in the event of a catastrophic water contamination event,” he said.

“The EPA has relied on loose and unsubstantiated claims by the proponent about managing waste water contamination risks, which leaves us fearing there are no substantial plans in place to deal with the issue, or fund clean-up efforts post event.”

When the Valhalla project was given the initial green light on January 20, Black Mountain Energy’s executive chairman Rhett Bennett described it as an encouraging step forward and a “testimony to the company’s resilience, quality of work and commitment to the project”.

“I remain a strong believer in the vast resource development opportunity that exists in our permit in the Canning Basin. Our focus remains on progressing activity for the benefit of all stakeholders,” he said.

At the time of the approval, Chamber of Minerals and Energy WA chief executive Aaron Morey welcomed the EPA’s decision and said it would allow Black Mountain to assess the size of its resource and may unlock a new energy source in the future.

“Continuing to tap into WA’s abundant gas reserves is vital to shield families and businesses from steep rises in energy costs,” he said.