NTCAT rejects ECNT application to overturn Tamboran’s plan for Shenandoah South gas prospect

Another legal bid by activists to stop work at the Beetaloo has come unstuck. Find out what happened.

The Environment Centre NT (ECNT) has failed in its latest bid to stop the Northern Territory developing an onshore gas industry.

The NT Civil and Administrative Tribunal this week rejected a stay application lodged by the ECNT to overturn the Territory Environment Minister’s decision to approve Tamboran’s Environmental Management Plan around its Shenandoah South gas prospect.

ECNT sought an order for then Environment Minister Kate Worden’s original decision be set aside because it was not satisfied the information provided in the EMP complied with existing regulations around risks of wastewater spills and underground aquifers.

ECNT also wanted the environmental management plan referred to the NT EPA for independent assessment.

ENCT wanted to stop work at the Shenandoah South Pilot Project in the Beetaloo Basin.

NTCAT president Mark O’Reilly rejected the ECNT’s bid for a stay in the EMP process, saying he was satisfied it would result in prejudice to Tamboran.

He said he was not satisfied the ECNT had established the balance of convenience lies in favor of granting a stay.

“In circumstances where the legislative and regulatory scheme has been informed by and amended following the (Pepper inquiry); where the Minister has ostensibly adhered to that regulatory scheme; where minimum standards and conditions apply; and where there is an obligation to remedy any environmental damage, it is not clear to me the level of risk described by the applicant is beyond what is contemplated as being acceptable under the scheme,” NTCAT found.

“I am not persuaded that it is obvious that the applicant’s case has good prospects of success or even substantial success”.

President O’Reilly identified a delay in the commencement of Tamboran’s operations would impact the company negatively in a “significant way”.

Mining and Energy Minister Gerard Maley pictured recently with Tamboran employee Faron Thibodeaux, on a recent visit to the Shenandoah South site.

He was critical of ECNT’s delay in bringing the stay application and was satisfied that the prejudice experienced by Tamboran has been exacerbated by the timing of the application for a stay.

He found Tamboran was entitled to rely on the decision of the Minister to approve the EMP even after ECNT filed its initiating application on July 4 2024, and was not obliged to stop approved works at that time or thereafter.

Mr O’Reilly found on the face of the material provided by the parties, the Minister and the NT EPA had considered the level of risk and determined that it would be within what is envisaged under the Act and Regulations.

He was not satisfied that ECNT has established that the public interest in avoiding risk outweighs the public interest in facilitating exploration.

A broader application by ECNT to stop Tamboran producing gas at the Beetaloo is still to be heard.

Tamboran chief executive Joel Riddle said the ECNT’s decision was a “clear victory”.

“This positive decision also shines a light on the ‘public interest’ argument so often used by groups like the Environment Centre NT. This decision found the “public interest” argument used by the ECNT did not outweigh the very real public interest in facilitating gas exploration in the Northern Territory.

“Tamboran has full confidence in our environmental management plan and the NT Government’s approval processes.”

ECNT deputy director Stephanie Griffin was encouraged by the NTCAT’s decision.

“Despite the Tribunal’s decision not to grant the Stay Application, we are encouraged that the Tribunal President was satisfied that we raised serious issues for determination. We took on this case to protect the Territory’s water, our free-flowing rivers, which are at risk from practices like fracking.”

“Our challenge of the environmental approval that greenlit Tamboran’s Beetaloo fracking project is still ongoing, and we look forward to putting further evidence before the Tribunal at the substantive hearing next year.”

“This is the first ever merits review challenge of a fracking approval in the Territory. As the Tribunal President made clear, this merits review process was designed to increase transparency and scrutiny of certain decisions, like the Tamboran fracking approval. We will continue to exercise our rights to ensure fracking approval processes are transparent and subject to appropriate scrutiny.”