Parliamentary Questions & Answers

Question On Notice No. 485 asked in the Legislative Council on 15 February 2022 by Hon Dr Brad Pettitt

Question Directed to the: Minister for Regional Development representing the Minister for State Development, Jobs and Trade
Parliament: 41 Session: 1

Question

(1) Has the Minister, or the Government, entered into a Domestic Gas Commitment Agreement with Black Mountain or any of its subsidiary companies in relation to its ‘Valhalla’ gas project proposal in the Kimberley:

(a) if yes to (1), will the Minister table the agreement; and

(b) if no to (1), is the Department of Jobs, Tourism, Science and Innovation (DJTSI) negotiating such an agreement and, if so, when is it expected to be finalised?

(2) Has the Minister, or the Government, entered into any legally binding agreement with Black Mountain in relation to a proposed gas pipeline from the Canning Basin:

(a) if yes to (2), will the Minister table the agreement; and

(b) if no to (2), is the DJTSI in discussions with Black Mountain or any of its subsidiaries over such a pipeline and, if so, at what stage are those discussions and when are they expected to conclude?

(3) Will any proposed pipeline be referred to the Environmental Protection Authority (EPA) for assessment?

(4) Is the Minister aware that the ‘Valhalla’ fracking proposal on EP371 in the Kimberley, which is currently being assessed by the EPA, involves nine interconnected companies created by Black Mountain’s Texas owners, including the registered proponent, Bennett Resources Pty Ltd?

(5) Has any legal and financial due diligence or risk assessment been conducted by the DJTSI to determine which of the nine Black Mountain companies involved in the 'Valhalla' project will be legally responsible for complying with the conditions on any gas export exemption agreement or pipeline agreement entered into with the Government:

(a) if no to (5), why not?

(6) Given the complicated corporate structure Black Mountain has created around its 'Valhalla' fracking project, is the Minister confident that Western Australia’s fracking regulatory system is capable of regulating this project and any future petroleum production on the company’s lease?

(7) How many and which of the following Black Mountain companies involved in the Valhalla project have held meetings with DJTSI:

(a) Black Mountain Oil and Gas (Texas);

(b) Black Mountain Canning LLC;

(d) Black Mountain Land Company LP;

(e) Black Mountain Energy Ltd;

(f) Black Mountain Energy LLC;

(g) Black Mountain Exploration Australia Pty Ltd;

(h) Black Mountain Exploration Pty Ltd; and

(i) Bennett Resources Pty Ltd?

Answered on 16 March 2022

The Department of Jobs, Tourism, Science and Innovation advises:

(1) No

(a) Not applicable

(b) No. The Valhalla Project is still in its planning phase, and will need to demonstrate that it has an advanced development concept with consent from Traditional Owners for any activity on their land and well progressed statutory approvals processes before the State will begin negotiating a Domestic Gas Commitment Agreement.

(2) No

(a) Not applicable

(b) No

(3) – (4) Yes

(5) No

(a) See question 1(b).

(6) Yes

(7)(a) – (d) No

(e) Yes

(f) No

(g) Yes

(h) – (i) No