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Parliamentary Questions


Question On Notice No. 2892 asked in the Legislative Council on 16 April 2020 by Hon Robin Chapple

Question Directed to the: Minister for Regional Development representing the Minister for Mines and Petroleum
Parliament: 40 Session: 1


Question

I refer to the Government document ‘Implementation of the Government’s response to the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia’ (July 2019) (the Document), and the associated legislation Petroleum Legislation Amendment Act 2017, and Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Amendment Regulations 2019, and I ask:
(a) is the Minister aware that Mr Boris Johnson’s Government has outlawed all new fracking in the United Kingdom joining France, Germany, Wales, Scotland, and others:
(i) is the Minister aware that such bans are due to concerns over fracking and the potential to trigger earthquakes, as experienced in the Netherlands;
(b) could the Minister please explain the extent to which the stakeholders listed in the document are able to challenge the decision to allow fracking on their lands;
(c) can the Minister confirm, with absolute certainty, that Traditional Owners can withhold permission for hydraulic fracturing, and that this will be respected:
(i) if no to (c), why not;
(d) can the Minister confirm, with absolute certainty, that private landholder and private licencees can withhold permission for hydraulic fracturing, and that this will be respected:
(i) if no to (d), why not;
(e) can the Minister please explain the rights and powers held by pastoral leases, in relation to permissions regarding hydraulic fracturing;
(f) could the Minister give comment as to whether the land leased by mining companies falls under “leased land” for the purposes of this legislation; and
(g) if land is held by a company or entity, does such an entity require any external permission to frack:
(i) if yes to (g), could the Minister please clarify this process?

Answered on 10 June 2020

(a) Yes

   (i) Yes

(b) The McGowan Government’s decision to allow hydraulic fracturing only in specified circumstances follows the outcome of the Independent Scientific Inquiry and its finding that the overall risk to people and the environment is low and should be managed with appropriate safeguards.

Hydraulic fracturing can only occur on petroleum authorities in force as of 26 November 2018 and all hydraulic fracturing proposals will be referred to the Environmental Protection Authority (EPA) for assessment. Appeal provisions exist under the Environmental Protection Act 1986 that are available to stakeholders.

The McGowan Government will respect the relevant Traditional Owners and private landowners right to withhold consent for hydraulic fracture stimulation production on their land.

(c) I can confirm that the consent of relevant Traditional Owners will be required before hydraulic fracture stimulation production is permitted.

   (i) Not applicable

(d) I can confirm that the consent of private landowners will be required before hydraulic fracture stimulation production is permitted.

   (i) Not applicable

(e) Pastoral leases will continue to have the right for compensation for any damage to improvements.

(f) Land leased by mining companies is not leased land for the purposes of the petroleum legislation.

(g) Yes

   (i) To carry out hydraulic fracturing, the company or entity which holds the land would also need to:

  1. hold a petroleum authority that was in force at 26 November 2018; and
  2. Not propose to carry out hydraulic fracturing in any area where it is not permissible – including National Parks, Broome and the Dampier Peninsula, Perth, Peel and South West regions, and within 2 kilometres of public drinking water sources; and

  3. apply for and receive approval for their proposed hydraulic fracturing activity under the petroleum legislation – this including provisions for compliance with the new enforceable Code of Practice and Traditional Owner and private landowner consent requirements; and

  4. receive approval for their proposal from the EPA, after assessment under the Environmental Protection Act 1986.