New NT Fracking Code of Practice quietly released: Govt accused of taking ‘chainsaw’ to safety regs
Mining Minister defends changes which opponents claim could leave Territory land owners in the dark if there were hazardous gas leaks on their property from fracking. Read the full story here.
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The NT Government appears to have quietly scrapped requirements for fracking companies to report hazardous leaks to landowners, or keep records of the chemicals pumped into the Territory’s environment.
On Tuesday a government gazette notice announced a new Code of Practice for Onshore Petroleum Activities in the Northern Territory, as well as 55-pages of fresh regulations for ‘well integrity’.
The changes — without a public statement from the Mining Minister Gerard Maley — has alarmed environmental groups who claim key safety measures for the controversial industry have been gutted from the regulations.
They say the regulations have deleted requirements for land owners to be informed of significant leaks on their own property, and strike out requirements for the industry to keep a record of all of the chemicals used on site.
Previously land owners or occupiers of the property had to be told if the leak could not be repaired immediately, but under the new Code of Practice these reports only need to be sent to the Minister.
Mining Minister Gerard Maley defended the changes saying they were in line with the ‘Pepper Inquiry’ recommendations, from the 2017 Scientific Inquiry into Hydraulic Fracturing in the Northern Territory, with a specific Environmental Code of Practice still in development with the Department of Lands, Planning and Environment.
“There have been no content-based changes for environment sections of the current code,” he said.
Mr Maley said the new regulations actually strengthened the decommissioning rules around inactive shut-in or suspended wells.
The new fracking Code of Practice has also removed references to ensuring that the “risk to the public and workers is managed to a level as low as reasonably practicable” and no longer states that the regulation’s aim was “primarily” to manage environmental risks.
An entire section stating that Territory petroleum activities should consider “industry standards” and “recommended practice” was also completely struck out.
Minister Maley said the changes were a response to “significant amendments” to the Petroleum Act over the years, requiring two distinct codes of practice for both fracking and well integrity.
“In both instances, CSIRO has been engaged to lead the development of technical aspects of the codes and undertake targeted consultation with industry,” Mr Maley said.
Tamboran Resources said it welcomed and “appreciated the consultation” on the changes to the code of practice.
Several environmental groups have told this publication they were unaware of any proposed changes until this week.
More than 45 pages of well regulations were struck out of previous Code of Practice, with the Environment Centre of the NT stating that the new codes removed some key safety measures and significantly weakened regulations.
ECNT spokeswoman Bree Ahrens said the changes took “a chainsaw to commonsense provision” and opened the door to “unregulated, secretive, and highly risky fracking practices that increase dangers to our environment and communities”.
“Fracking is notorious for its use of toxic chemicals, however these changes will remove accountability and transparency over which chemicals are used, posing a risk to community and worker safety,” Ms Ahrens said.
“We’re in disbelief that equipment testing, safety, and reporting standards have been gutted overnight, and that fracking companies will no longer even have to keep a record of the toxic chemicals they use.”
Frack Free NT spokesman Pete Callender said the changes “made a mockery” of promises that the NT would have “world class petroleum regulations”, while the Arid Lands Environment Centre’s Hannah Ekin said they were a “recipe for disaster” for remote communities.
Opposition leader Selena Uibo said the changes without any consultation or transparency were a betrayal of Territorian’s trust.
“The CLP have been caught red handed secretly weakening safety standards for onshore oil and gas,” Ms Uibo said.
“This secrecy erodes confidence in government and is exactly why the CLP’s Territory Coordinator Bill is so unpopular.”
It comes as the NT Government establishes the Beetaloo basin at the centre of its economic policy, estimating the gas reserves would bring in $1 billion a year in gas revenue, and create up to 13,600 jobs.
In December the Federal Environment Minister Tanya Plibersek rejected calls to pull the national water trigger on petroleum projects in the Beetaloo on the basis that fracking would be safe if it adhered to industry best practice.
However, following the ‘secret’changes by the NT Government, Ms Plibersek’s office was asked if she would review this decision.
On Thursday, the Federal Department of Climate Change, Energy, the Environment and Water said the regulation of fracking was “largely a matter for the Northern Territory Government”.
“(The department) will continue to work with all stakeholders to ensure the requirements of the national environment law are understood.”
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