Tamboran Shenandoah environment management plan challenged by ECNT
The NT government has been accused of failing to assess the real risk of chemical spills, water contamination and the threat of climate change in approving a 15-well fracking site south of Katherine.
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The Territory’s largest fracking approval has been hit with a fresh legal challenge over allegations the government failed to assess the risk of chemical spills, groundwater contamination and the scale of greenhouse gas emissions.
On Friday the Environment Centre NT filed proceedings in the NT Civil and Administrative Tribunal challenging Tamboran Resources’ project, Shenandoah South E & A Programme in the Beetaloo Basin, about 320km south of Katherine.
In May Environment Minister Kate Worden formally released her approval notice for the project’s Environment Management Plan (EMP), greenlighting up to 15 new wells at four exploration locations.
The Tamboran proposal would expand its already existing well site called Kyalla, which was constructed in 2019.
Ms Worden found Tamboran EMP “appropriately identified the risk and potential impacts from the regulated activity and commits to mitigation, management and monitoring”, and that short and long-term environmental impacts were acceptable.
“I am satisfied that the regulated activities does not pose a threat of serious or irreversible environmental damage,” Ms Worden said.
The 24-page approval notice stated in the “worst case greenhouse gas emission” the project would release over 400,000 tonnes of carbon dioxide over the entire four-year project.
It said this single gas project could release the equivalent of 2.5 per cent of the entire Territory’s emissions in 2022.
Projects with an annual carbon dioxide output in excess of 100,000 tonnes trigger specific obligations under the Federal safeguard mechanism, and Tamboran has also produced a Greenhouse Gas Abatement Plan in line with the NT government’s large emitters policy.
Ms Worden said given these emissions reduction measures and agreements, she did not believe the scale of greenhouse gases triggered the “precautionary principle” to prevent “serious or irreversible environmental damage”.
However the Environment Minister did impose a condition for Tamboran to release an annual report of actual emissions.
Ms Worden also noted 30 public submissions opposing the Tamboran project during the community consultation phase, which also raised concerns over the large scale carbon dioxide emissions, impacts of chemicals on both human health and local plants and animals, flood risks, aquifer contamination and over-extraction.
Ms Worden concluded the 450 megalitre water extraction proposal for Tamboran was “not considered significant” given the 8000 megalitre allocation to petroleum activities under the Georgina Wiso Water Plan.
While the Environment Department ordered amendments to the amount of chemicals able to be stored, the flood risk and emergency response procedures, Ms Worden concluded the chemical contamination risks were low when standard handling, storage and disposal practices were applied.
The approval notice said there was a “low” risk for a chemical spill to impact downstream to the Newcastle Creek catchment and Lake Woods, saying only in the “unlikely event of a catastrophic release … an area of up to 549m radius could be affected”.
The EMP estimates it would take 2000 days – more than five years – for a spill to infiltrate through 50m below ground level in siltstone, or 200 days in fractured limestone.
However ECNT executive director Dr Kirsty Howey said the government’s approval did not adequately consider the highlighted risks of wastewater spills, inter-aquifer connectivity, and the greenhouse gas emissions resulting from the project.
“ECNT is concerned that because of the inadequacy of risk assessment, the aforementioned risks have not been reduced to levels that are as low as reasonably practicable,” NTCAT documents stated.
This is the first time a fracking project’s EMP had been challenged through new third party merits review provisions under the Petroleum Act, following recommendations from the 2018 Pepper Inquiry into hydraulic fracturing.
The ECNT has called for the project’s EMP to be set aside and for a re-evaluation from the independent NT Environment Protection Authority.
Dr Howey said given Shenandoah was the Territory’s largest fracking proposal, “it’s crucial it gets the scrutiny it deserves”.
“We’ll do everything we can to protect our ancient underground aquifers, and the incredible springs and rivers that they feed.”
On Monday Environment Minister Ms Worden maintained Tamboran’s environment management plan met the thresholds of the “stringent processes all projects must go through to ensure gas is extracted in an environmentally safe way”.
“We have implemented an independent monitoring program that will be in place to along with strong environmental regulations for gas in the Beetaloo Basin,” she said.
“The Beetaloo Basin has the potential to provide work opportunities for thousands of Territorians, secure our energy supplies and deliver a huge boost to local businesses across the Territory.
“As this is before the tribunal I cannot comment further.”
Tamboran Ceo Joel Riddle in a statement said the company was “committed to ensuring it has a robust environmental management plan and will fully co-operate with all levels of government to ensure it meets the rigorous scientific and environmental approvals required for the exploration and appraisal project”.
“We take seriously the recommendations of the comprehensive Pepper Inquiry and have ensured our environmental management plan is based on best practice recommendations of that report,” Mr Riddle said.
“Tamboran’s project will play a key role in the Australian Government’s target of reaching net zero by 2050.
“Subject to rigorous scientific and environmental approvals, the project will offer a secure domestic supply of energy to power Australia’s transition and provide secure, reliable and affordable power to Territorians.”
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Originally published as Tamboran Shenandoah environment management plan challenged by ECNT
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