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New legal advice shows no compensation need be paid to frackers should Cook Government extend ban across Kimberley

Independent legal advice (available here) states there would be no obligation for the Western Australian Government to compensate any company that possesses a petroleum tenement, should the ban on fracking be expanded to the Kimberley.

This raises serious questions about the response from Premier Roger Cook, quoted in the media recently, suggesting there could be “legal consequences for the state”, should the ban be extended to the Kimberley. 

Environs Kimberley Executive Director, Martin Pritchard, said, “The Premier’s claims are unfounded — we’re yet to see any evidence that there would be legal ramifications from a fracking ban.

“In fact we have legal advice from a barrister — whose career includes many years at the State Solicitor's Office — that shows exactly the opposite. 

“The legal advice is clear — no compensation would be owed to companies who hold a petroleum license if the WA Labor Government banned fracking in the Kimberley.

“The WA Government banned fracking down south and around Perth and as far as we’re aware there was no compensation, so why won’t MPs do it for the Kimberley? 

“The Premier is aware of our legal advice, and we’ve told him, if he knows something that we don’t, we’re more than happy to have it legally reviewed. 

“West Australians won’t stand by while the Kimberley is sacrificed for no reason. Traditional Owners and Kimberley locals are calling for a ban. Community organisations are calling for a ban. And so are WA Labor’s voters. It’s time to act.”

Lock the Gate Alliance WA Coordinator Claire McKinnon said, “Voters aren’t about to be hoodwinked by Roger Cook’s claims that fracking isn’t going to expand in the Kimberley. 

“The fact is that US company Black Mountain has plans to frack in the Kimberley going through state and federal approval processes right now. 

“Lock the Gate Alliance and Environs Kimberley has galvanised an army of volunteers and supporters in Perth and Fremantle who are backing Kimberley communities in their call for a ban. 

“If the Cook Government refuses to ban fracking in the Kimberley, then it can expect the voters of Freo and Perth to send them a strong message at the ballot box.”

ENDS

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