Supreme Court clears the way for fracking on pastoral leases as Rallen flags further appeal

Pastoral company Rallen has signalled it will appeal a Supreme Court decision that has laid the ground for fracking in the NT. Read why the company is ‘disappointed in the decision’.

The owners of pastoral company Rallen Australia have signalled they will consider an appeal against a court ruling that allowed fracking in the Beetaloo sub-basin.

The Supreme Court on Thursday dismissed Rallen’s appeal against an NT Civil and Administrative Tribunal decision to grant land access approvals to frack for gas at Tanumbirini Station.

Exploration Permit 136 was awarded last year to Sweetpea Petroleum, a wholly-owned subsidiary of Tamboran Resources, which is currently the largest company exploring the Beetaloo for gas.

In a statement released after the appeal was rejected, Rallen said it would consider the judgement and its rights to take the case to the Supreme Court’s Court of Appeal.

Rallan director Pierre Langenhoven said the company was considering appeal options.

“We are disappointed in the decision, as the land access agreement provides minimum protections to pastoralists and puts all the risk and all the cost onto the pastoralist,” he said.

Rallen Australia Director Pierre Langenhoven. Picture: Glenn Campbell

“This sadly sets a precedent for poor quality and punitive agreements moving forward. We have now had experience with Tamboran drilling on Tanumbirini Station.

“It really feels to me like we have lost control of the cattle station that is within Sweetpea’s permit area. I cannot protect the station and my cattle from the impacts of fracking, all I can do is monitor and seek compensation after the damage is done.”

Mr Langenhoven described what he had seen “on the ground at the exploration stage” as “chaos”.

“It is difficult to properly care for our cattle with noise and dust, machinery and heavy construction activity and major roads being bulldozed through paddocks,” he said.

In making his findings, Justice Peter Barr rejected Rallen’s contention on “lawful rights” and “lawful activities” as they applied to Tanumbirini Station.

“Rallen’s ‘lawful rights’ and ‘lawful activities’ have to be assessed having regard to the extent to which they were affected by the grant of an exploration permit (and the approval of an access agreement),” he said.

“For example, not only did the grant of the exploration permit limit the right of Rallen to exclude Sweetpea from entering Tanumbirini, but Rallen became subject to an obligation not to interfere with activities being conducted by Sweetpea in accordance with that exploration permit, to the extent that such interference would amount to an offence contrary to section 108A (of the) Petroleum Act 1984.”

As well as Tanumbirini, Rallen owns Kalala, Big River, Larrizona, Mt McMinn and Forrest Hill in the NT.

Rallen loses bid to stop gas exploration at Tanumbirini Station

The Northern Territory Supreme Court has dismissed Rallen Australia’s appeal against the NT Civil and Appeal Tribunal’s decision to grant a gas company land access for fracking on the Beetaloo Basin.

The Supreme Court decision validates the Land Access and Compensation Agreement approved by the NTCAT in May 2022 which allowed resources group Tamboran to search for gas on the EP 136 site under the environmental management plan.

Owned by South African Giovanni Ravazzotti, Rallen Australia owns six cattle stations in the NT including Tanumbirini Station, where the EP136 side is located.

The NT government had earlier granted Sweetpea Petroleum, a wholly owned subsidiary of Tamboran, an exploration permit at the EP 136 site.

During last year’s appeal hearing, Rallen argued fracking on the cattle station would have a “significant adverse impact” on its business.

Rallen barrister Noel Hutley SC argued the access agreement should never have been granted because it interfered with the station owner’s “lawful rights and activities”.

“The prima facie position is that an exploration licence is to be conducted in relation to the permit area in such a way as to not interfere with the lawful rights and activities of any other person,” he said.

“We say the tribunal impermissible glossed that and said that is subject to any, what they call inevitable or necessary interference, we say that was, with respect, wrong.”

Rallen director Luciana Ravazzotti said through approving land access agreements, governments had “allowed the fracking industry to ride roughshod over our rights”.

“The cattle industry in the Northern Territory is facing an unprecedented challenge from fracking which risks contaminating and depleting precious water sources and damaging the country all Territorians value.”

As well as Tanumbirini, Rallen also owns Forrest Hill, Larrizona, Kalala, Mt McMinn and Big River stations in the NT.

But the company’s emotion-fuelled plea against on-shore gas development in the NT fell on deaf ears when the Supreme Court ruling came down Thursday afternoon.

Tamboran Resources chief executive Joel Riddle welcomed the Supreme Court’s decision.

“We are pleased with the NT Supreme Court’s ruling and look forward to working closely with all our stakeholders in progressing the development of the Beetaloo Basin in a safe and responsible manner,” he said.

“As the first challenge of the Northern Territory government’s changes to the legislation and regulations permitting access for exploration purposes, the decision sets an important precedent for future operations across the Beetaloo Basin.

“We are pleased to lead the way by securing this important precedent and ensure that the benefits of the decision will extend to many stakeholders.”

Mr Riddle said the company remains committed to developing the EP 136 permit.