Question On Notice No. 205 asked in the Legislative Council on 3 August 2021 by Hon Brad Pettitt
Question Directed to the: Minister for Mental Health representing the Minister for Environment
Parliament: 41 Session: 1
Tabled Paper No: 510-
View tabled paper
Question
I refer to petroleum wells in the Kimberley, and I ask:
(a) under the Environment
Protection Act 1986 and Department of Water and Environmental Regulation (DWER)
policy and procedures, are all ‘Controlled waste facilities’ also ‘Prescribed
premises’ and vice versa:
(i) if no to (a), in what ways are they
legally different;
(b) how many petroleum wells in the
Kimberley are permitted or licensed by DWER as:
(i) prescribed premises; and
(ii) controlled waste facilities;
(c) for each well in (b)(i) and (b)(ii):
(i) what are their names and locations;
(ii) are the wells currently permitted or licensed to receive waste;
(iii) for each well permitted or
licensed to dispose waste:
(A) what is the make-up of any
controlled wastes that are permitted to be disposed of at each well; and
(B) at what volumes;
(iv) are any radioactive wastes
permitted to be disposed of in any of these wells:
(A) if yes to (c)(iv), please specify which
wells;
(v) will the Minister table the
reports which detail the composition of the waste disposed in each well:
(A) if no to (c)(v), why not;
(vi) what is the duration of each current
permit or license;
(vii) who holds the permit or license
for each petroleum well permitted or licensed to receive waste; and
(viii) will the Minister table all the
permits or licenses in (b)(i) and (b)(ii):
(A) if no to (c)(viii), why not;
(d) once any given permit or
license under (b)(i) and (b)(ii) has expired, or been surrendered or terminated, who is
legally and financially liable for any pollution or contamination issues at
that well or facility;
(e) when did officers from DWERs
compliance and enforcement section last carry out a site inspection for each of
the wells in (b)(i) and (b)(ii);
(f) for each inspection, were any
compliance issues or failures identified:
(i) if yes to (f), at which wells and what were the compliance issues or failures;
(g) has DWER confirmed that any
compliance issues or failures identified have been rectified:
(i) if no to (g), why not;
(h) has DWER taken any compliance
action against any company in relation to waste disposal at any of the wells in
(b)(i) and (b)(ii):
(i) if no to (h), why not;
(i) will the Minister table any
DWER inspection reports for wells identified in (b)(i) and (b)(ii):
(i) if no to (i), why not;
(j) has DWER been made aware of any
well integrity issues or failures at any of the wells in (b)(i) and (b)(ii); and
(k) has DWER sought or conducted
any well integrity tests at any of the wells in (b)(i) and (b)(ii):
(i) if no to (k), why not?
Answered on 2 September 2021
Answer:
(a) No.
(i) Prescribed premises are specified in Schedule 1 of the Environmental Protection Regulations 1987 for the purposes of Part V of the Environmental Protection Act 1986 (the Act). Controlled Waste facilities are defined in the Environmental Protection (Controlled Waste) Regulations 2004 and can include a prescribed premises in respect of which a licence has been issued under Part V of the Act to store, treat, reuse or dispose of a controlled waste.
(b)
(i) The licence regulates oil and gas processing activities (Category 10) that occur within the prescribed premises boundary and not necessarily the production wells on the premises. The oil production wells on the Premises are regulated under the Petroleum and Geothermal Energy Resources Act 1967 administered by Department of Mines, Industry Regulation and Safety. There are 2 licensed oil and gas processing prescribed premises in the Kimberley. Blina
(ii) The Blina Production Facility is the only Category 10 oil and gas processing facility that is also licenced as a liquid waste facility. Since January 2020 the operator, Buru Energy Limited, has been permitted to accept liquid wastes produced from other company operations outside the premises (within the Canning Basin) for disposal via re-injection into a depleted oil reservoir.
(c)
(i) The Blina Production Facility is located approximately 100 kilometres (km) south of Derby. The prescribed premises contains extraction wells Blina 1, Blina 2, Blina 3, Blina 4, Blina 5, Blina 6, West Terrace 1 and West Terrace 2.
The Ungani Production Facility is located approximately 100 km east of Broome The prescribed premises contains extraction wells Ungani 1ST1, Ungani 2, Ungani 3, Ungani 4, Ungani 5 Ungani 6, Ungani West 1, Ungani Far West 1 and Ungani South A.
(ii) Refer to the answer to question (b)(ii).
(iii)
(A) Limited to crude oil, water-based mixtures (e.g. produced formation water (PFW)) and mixtures of the two.
(B) Any quantity of the wastes referred to in the answer to question (c)(iii)(A) produced at a facility may be disposed of at that facility. Under the current licence for the Blina premises, up to 100,000 tonnes per year of PFW, can also be accepted onto the premises from other company operations off-site and be disposed of into wells West Terrace 1 and 2.
(iv) No
(A) Not applicable
(v) No
(A) Refer to the answer to question (c)(iii)(A)
(vi) Blina Production Facility Licence L6872/1994/11 expires 2 February 2040.
Ungani Facility Licence L8777/2013/1 expires 17 November 2034.
(vii) Buru Energy Limited
(viii) Yes [See tabled papers no ].
(A) Not applicable
(d) Under the Environmental Protection Act 1986 and the Contaminated Sites Act 2003, any pollution or contamination issues would have to be investigated to determine the cause and who is financially liable.
(e) Blina Production Facility was inspected on 6 April 2016 and Ungani Facility was inspected on 10 June 2015.
(f) Minor issues were identified in the Ungani inspection regarding storage of liquids.
(i) Not applicable.
(g) Yes
(i) Not applicable
(h) No
(i) No offences or non-compliances have been determined in relation to waste disposal at the wells.
(i) Yes [See tabled papers no ].
(i) Not applicable
(j) No
(k) No
(i) The oil production wells on the Premises are regulated under the Petroleum and Geothermal Energy Resources Act 1967 administered by Department of Mines, Industry Regulation and Safety.