KLC Raises Alarm Over WA Government’s Fracking Commitments

KLC CEO Tyronne Garstone has called for a halt on all fracking proposals in the region.

The Kimberley Land Council (KLC) has raised significant concerns with the Minister for Mines and Petroleum regarding the Western Australian Government’s failure to fulfill critical commitments on hydraulic fracture stimulation (fracking) in the region.

In response to the 2018 final report from the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation, the WA Government released an implementation plan in July 2019, outlining 20 key actions aimed at implementing the inquiry's recommendations. Alarmingly, half of these actions remain unfulfilled, including vital measures such as the right of consent for Traditional Owners (Action 5a) and an enforceable code of practice (Action 11). The completion dates for these actions are now more than two years overdue.

KLC CEO Tyronne Garstone has 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.”

This situation is particularly urgent as the Environmental Protection Authority (EPA) currently assesses 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 alarmingly close to National Heritage listed areas of the environmentally and culturally significant West Kimberley.

The KLC is 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 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. Given this context, the KLC questions why and how the Valhalla proposal is advancing through the regulatory approval process.

Central to the KLC's advocacy is the principle of free, prior, and informed consent for all Traditional Owners impacted by such proposals. Each Traditional Owner group must retain authority over decisions affecting their Country. The KLC is particularly focused on ensuring the implementation of Action 5a, which addresses the right of consent for Traditional Owners.

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. 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,” said Mr Garstone.

“The KLC is requesting an urgent response from the WA Government regarding the timeline for progressing outstanding actions in the Implementation Plan. The KLC 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.”