The Kimberley Land Council has raised significant concerns with WA's Minister for Mines and Petroleum regarding the state government's failure to fulfill critical commitments on fracking in the region.
In response to the 2018 final report from the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation (fracking), the WA government released an implementation plan in July 2019, outlining 20 key actions aimed at implementing the inquiry's recommendations.
More than five years on, half of these actions remain unfulfilled, including critical measures such as the right of consent for Traditional Owners (Action 5a) and an enforceable code of practice (Action 11).
The KLC noted that the completion dates for these actions are now more than two years overdue.
Kimberley Land Council chief executive Tyronne Garstone called for a halt on all fracking proposals until the key actions in the implementation plan are fully enacted.
"Without these essential measures in place, Western Australia's regulatory framework for fracking is incomplete and inadequate.
"The lack of critical information necessary for informed decision-making raises significant concerns about the integrity of any fracking approvals.
"The KLC firmly believes that no fracking proposals should be considered for approval by government until key actions in the implementation plan are fully enacted."
The Land Council noted that the situation is "particularly urgent" as WA's Environmental Protection Authority is currently assessing Bennett Resources' Valhalla Gas Exploration and Appraisal Program—a proposed 20-well unconventional gas exploration and fracking initiative in the Kimberley.
If approved, this would mark the first fracking project in the Kimberley since the government lifted its moratorium in 2018. The proposed site is also close to National Heritage listed areas of the environmentally and culturally significant West Kimberley.
The KLC said it was "deeply concerned" that considering the Valhalla proposal before establishing a comprehensive regulatory framework creates "risks of poorly informed decision-making and inconsistent approval processes".
The WA government has stated that proponents cannot commence hydraulic fracturing exploration until the WA Code of Practice is developed, and production will not be approved without Traditional Owner consent. The KLC has asked why, despite this commitment, the Valhalla proposal is advancing through the regulatory approval process.
Mr Garstone said despite being the native title representative body for the Kimberley, the KLC has not been engaged by the WA government regarding the right of consent or any other key actions from the implementation plan.
"The government's lack of engagement contradicts their policy for early and ongoing stakeholder consultation," he said.
"Without genuine consultation, once again both Traditional Owners and industry find themselves facing a future of rushed and high-risk projects that create regulatory uncertainty and could cause irreversible damage to the region."
The Land Council noted that the principle of free, prior, and informed consent for all Traditional Owners impacted by such proposals must be respected, and that each Traditional Owner group must retain authority over decisions affecting their Country.
"The KLC is requesting an urgent response from the WA government regarding the timeline for progressing outstanding actions in the Implementation Plan, (and) seeks assurance that no fracking programs, including the Valhalla proposal, will be assessed or approved until the recommendations of the Independent Scientific Panel are fully implemented, including an unequivocal right of consent for Traditional Owners," Mr Garstone said.
