‘A dog’s breakfast’: Environment groups flag ‘inconsistencies’ in US company’s Kimberley fracking plans

An American oil and gas company with plans to begin fracking operations in the Kimberley has attempted to pull the wool over the federal government’s eyes, environment groups claim, by omitting that its plans could impact a range of vulnerable and endangered species.

Black Mountain Energy, an unlisted company owned by Texan billionaire Rhett Bennett, was the first to submit a proposal after a fracking moratorium was lifted in the state’s north in 2018.

One of Black Mountain’s proposed wells is two kilometres from Mt Hardman Creek in the Kimberley.

The application to the federal government included plans to drill six wells for its Valhalla gas project in the Canning Basin, 123 kilometres from Derby.

But this application was recently withdrawn. While the company stated it had elected to modify its submission, local environmental groups alleged the withdrawal was forced because of a discrepancy, given its state application for the same project planned for up to 20 wells.

Meanwhile, those same groups also highlighted what they claimed were inconsistencies between two fauna surveys conducted at the proposed site.

Black Mountain hired two companies – Low Ecological Surveys and Eco Logical Australia – one for a proposal to begin seismic surveys to identify pockets of oil and gas, and the second for the fracking plans that would come after.

The proposal to begin seismic surveys was approved, but never went ahead due to flooding.

Although both fauna surveys discussed the impact of mining in the same area, for the same project, the results were different.

Low Ecological Survey’s results suggested 27 fauna species of conservation significance either occurred, or had the potential to occur, within the proposed project area. Eco Logical suggested that number was 10.

Lock the Gate Alliance spokeswoman Simone van Hattem said some of the results from each survey were not included in Black Mountain’s final submission.

The final submission claims there would be no “significant impact” on any of the species they did list, despite also stating impacts could possibly include vehicle strikes, light and noise pollution, habitat loss and the introduction of weeds.

Van Hattem claimed it was an attempt “to pull the wool over the eyes of federal environmental regulators [which] exposes the disrespect this company has for the environment it hopes to operate in”.

“Fracking is really risky business, and poses a contamination threat to nearby waterways. In this case, that’s where the threatened freshwater sawfish lives, yet Black Mountain couldn’t even get the basics right,” she said.

“Black Mountain’s dog’s breakfast of an application reveals the disrespect this company has for the environment it hopes to operate in. It’s no wonder the company has resubmitted its application.

“Black Mountain’s original application … downplays the very real threat it poses to threatened species like the freshwater sawfish.”

A Department of Climate Change, Energy, the Environment and Water spokesperson said there was no timeframe for the company to submit a new proposal.

“When a proposal is referred for assessment under national environmental law, the department will review the details of the proposal to consider whether or not it will have a significant impact on nationally protected matters,” they said.

Black Mountain Energy was contacted for comment multiple times, but failed to respond.

However, in its now-withdrawn submission the company stated: “Although a targeted fauna survey has not yet been completed (by the company itself), a precautionary approach has been applied and where suitable habitat was present, species has been presumed potentially present and therefore assessed for potential impacts.

“The project area has selected to avoid areas that are swampy damplands which provides both environmental benefits (avoiding state listed priority flora species) and operational benefits ensuring site access is optimised.”

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