A new document obtained through freedom of information laws reveals Empire Energy likely knew it was legally required to isolate two groundwater sources from each other and may have benefited from not doing so when it drilled and fracked its Carpentaria 3H in the NT's Beetaloo Basin.
The Land, Planning, and Environment Department Enforcement Recommendation Report (ERR) - found Empire, now known as Beetaloo Energy Australia, was “moderately culpable”, "may have benefitted from non-compliance" and “the impact or risk of impact was due to poor standards of operation” when it failed to isolate the Gum Ridge and Anthony Lagoon aquifers before drilling and fracking its C3H well in 2022.
Despite this, the ERR shows the department responded to the breach by sending Empire a letter reminding the company that it needed to comply with its Environmental Management Plan. A fine was considered “insufficient as a deterrent” (ERR P8).
The ERR noted Empire had only recently drilled and fracked its Carpentaria 2H well nearby, and had installed a well barrier to isolate the Gum Ridge and Anthony Lagoon aquifers from each other as per the conditions of its Well Operations Management Plan. However, Empire did not repeat this process when it drilled and fracked the C3H well soon after.
While the breach occurred in 2022, the department only completed the ERR this year - several weeks after Lock the Gate Alliance received initial information through an earlier FOI application showing the department originally considered prosecuting Empire.
The ERR also casts doubt on earlier Mines and Energy Department claims (see page 1), that downplayed the seriousness of the incident by stating the aquifers were already “in communication” with each other. The ERR instead describes the nature of interconnectivity between the aquifers in the area around the Carpentaria well pad as “uncertain” (ERR P5).
Lock the Gate Alliance NT spokesperson Pete Callender said, “It’s baffling how the department can find Empire culpable for this serious incident that put precious NT groundwater at risk yet they’ve responded by giving this company a written warning, not even a fine. It demonstrates that these laws are not fit for protecting our environment in the NT.
“We don’t believe this will act as a deterrent to any fracking company violating its conditions in the future.
“It’s also terrible that it took nearly three years for the department to issue an enforcement report.
“The lack of transparency and accountability is a massive worry. Fracking is dangerous and the risks to groundwater are high.
“This document shows Territory environmental regulators are failing the community. If this is the standard Territorians can expect from our government when it comes to regulating the fracking industry, we’re all in a lot of trouble.”
ENDS
Background:
The obtaining of the enforcement recommendation report is the culmination of multiple freedom of information requests Lock the Gate Alliance has made over the past eight months, seeking to understand the circumstances behind a recommended prosecution against Empire Energy.