Traditional Owners want the Northern Territory government to prosecute gas explorers after a recent fracking spill at Beetaloo Basin caused lingering environmental damage.
The two companies actively drilling fracking wells in the Beetaloo Basin - Empire Energy and Tamboran Resources - have had seven compliance breaches over the past 12 months, with significant spills and potential contamination events.
Traditional Custodians and independent water scientist Dr Ian Wright were also denied entry to Empire's Carpentaria Pilot Project site on March 13 to test fluids after a spill of fracking fluids and drilling muds.
Having consented before the visit, Empire then refused them access to the well site on the day for testing.
Traditional Custodians have sent National Indigenous Times photos showing devastating damage to the environment, including dead eucalyptus trees, vegetation, shrubs and and grass, near Empire Energy's site at Beetaloo Basin, after a spill of 2000 litres of contaminated wastewater last December.
Nurrdalinji Aboriginal Corporation – which represents Native Title holders from the Beetaloo Basin – has made several submissions opposing fracking in the region, noting significant concerns about risks to Country and water.
They urged federal environment minister Tanya Plibersek in a recent letter to use "water trigger" provisions so impact to Country and contamination levels where Empire and Tamboran operates could be detailed.
The Beetaloo sub-basin - roughly 500 kilometres south-east of Darwin – is surrounded by Aboriginal land, pastoral leases (which co-exist with Native Title rights and interests), horticultural enterprises, cattle stations and remote Aboriginal communities.
Several companies are currently fracked gas drilling in the region, with most of the NT covered by exploration permits.
Nurrdalinji director Cain O'Keefe - who lives nearby in Borroloola with his family and speaks for the Karranjini group - has been employed by Empire Energy to survey land for cultural significance and work at the Carpentaria site during drilling of Carp 5.
In January NAC noted a subsidiary of Empire Energy - Imperial Oil and Gas - reported pumping 2,000 litres of saline water and fracking flowback fluid - from the lid of a holding tank for drilling of the Carpentaria 5 well pad - into nearby vegetation, which became "stressed".
At the time, Mr O'Keefe said the incident was "on top of a string of other breaches" across four years of drilling and testing four wells in the Beetaloo Basin.
Empire Energy recently obtained approval for nine new wells as part of its "Carpentaria Pilot Project".
The NT government last week changed its law, removing the right of third parties like green groups to make legal applications to review the merits of government decisions, including fracking project approvals.
In Parliament a fortnight ago, NT Energy Minister Gerard Maley said he wanted the Beetaloo Basin developed as soon as possible.
"As a very powerful person just recently said: 'Drill, baby, drill'," he said.
The Traditional Owners group noted past incidents included a leak in a wastewater storage tank, clearing and construction of well pads and gravel pits in unauthorised locations, land clearing including in Gouldian finch habitat, over-extraction of groundwater and problems managing wastewater during big rains.
"The contamination from this [March 13] spill, which has drained out on Country, is still sitting there… waiting for the next rain to keep flowing down into our creeks and rivers," Mr O'Keefe said on Wednesday.
"How is it these breaches have already happened, and we don't know nothing about it? All we want is transparency and to protect Country from harm… we can see the Country already suffering."
Traditional Owners want the NT government to investigate the spill and prosecute.
"Tanya Plibersek must pull the water trigger so these projects can be assessed," Mr O'Keefe said.
"How much more damage needs to be done before the government steps in and does something?"
Dr Wright, the independent water scientist and University of Western Sydney Associate Professor of Environmental Science, said Empire initially agreed to the collection and testing of samples from the drill pad, for the sake of Traditional Owners, and to identify any contaminants in the water that might be hazardous to humans and the environment.
"Empire allowed us to visit the contaminated area, which is on Aboriginal land, but refused to give us access to the drilling site itself," Dr Wright said.
"In 30 years of doing this sort of work with communities and miners, I've never had anything like this happen.
"We had agreement and then Empire broke it. It begs the question, what is in the fluids and why wouldn't they let us test them?"
Dr Wright was concerned impact from the spills would potentially be hidden until they accumulated, or there was a serious incident.
"I'm concerned that a lot of the liquid in this Country percolates down through the soil and into the aquifer, or in wet weather, when the rains come, it's transferred downstream," he said.
"The more activity that occurs, the greater likelihood there will be more of these accidents and residual contamination."
Darwin paediatrician Dr Louise Woodward alleged clear evidence of multiple contamination episodes on both the Tamboran and Empire well pads.
"These contaminants can enter water and food chains and are known to increase the risks to unborn children and worsen chronic diseases, particularly those related to heart, lung, kidney disease and diabetes," she said.
"People living close to these wells already have very high levels of chronic disease that will ultimately be exacerbated by cumulative contamination events such as these."
Nurrdalinji Native Title Aboriginal Corporation has members across the Beetaloo Basin and Barkly regions and includes Native Title holders from the Amungee Mungee, Beetaloo, Hayfield, Kalala, Newcastle Waters - Murranji, Nutwood Downs, Shenandoah, Tandyidgee, Tanumbirini, Daly Waters Township, Ucharonidge Native Title determinations.
In mid-January after Empire released approximately 12 barrels of saline water from its operations in to Beetaloo Basin, a company spokesperson told National Indigenous Times it "was an inadvertent release that should not have happened".
"Empire is investigating the cause and taking steps to ensure it is not repeated," they said
On Thursday the company told National Indigenous Times NT regulators would soon release a report after several site visits .
"It is appropriate that these assessments are made by independent, expert regulators," an Empire Energy spokesman said.
"We made it clear prior to the Nurrdalinji Aboriginal Corporation prior to the visit they could visit the site and take samples from the impacted area, but did not authorise them to visit operational areas, which are under strict health, safety and environmental controls."
Tamboran told National Indigenous Times gas operators were governed by strict spill reporting requirements, which were mandated, and the company's incidents had been reported.
"The threshold for reporting recordable incidents is very low, and none of these recordable incidents caused material environmental harm," a spokesman said on Thursday.
"For all incidents reported, there were no offsite release of materials and all were rectified promptly.
"Tamboran and the onshore gas industry is serious about preventing, detecting and mitigating any incidents ... and we will continue to talk with Indigenous stakeholders in the region and work with authorised Native Title holders through the Northern Land Council."
Minister Plibersek referred questions from NIT to the Department of Climate Change, Energy, the Environment and Water.
A Department spokesperson said any project with the potential to significantly impact matters protected under federal environmental law must be referred to the department for consideration.
"The department has contacted relevant operators in the Beetaloo Basin to inform them of their obligations under federal environmental law," they told National Indigenous Times.
"Regulatory action under NT government legislation is a matter for Northern Territory government departments and agencies.
The NT government last week changed related laws, removing the right of third parties like green groups to make legal applications to review the merits of government decisions, including fracking project approvals.
