Updates

22 December 2021

The State Government has approved the publication of the Position Paper for Monitoring, mitigation and offsetting of Greenhouse Gas Emissions for hydraulic fracturing proposals in Western Australia.

As per Implementation Plan Action 7.3 (and Inquiry Recommendation 34), all applications for onshore exploration and production proposals involving hydraulic fracturing are required to be referred to the Environmental Protection Authority (EPA) under the Environmental Protection Regulations 1987.

The Position Paper, which closes out Action 10 (and partially addresses Actions 7, 11, and 15) of the Government’s Implementation Plan as they apply to the monitoring, mitigation and offsetting of greenhouse gas, identifies the information and processes necessary to inform potential assessment by the EPA.

Stakeholders input on the Position Paper can be submitted via email at info@hydraulicfracturing.wa.gov.au.

For updates on individual Implementation Actions please visit Implementation Progress.

30 September 2021

The Government has approved the revision of completion dates for the Implementation Plan Actions, which are reflected in the Implementation Progress update for the period ending 30 September 2021.  Changes in Government priorities due to the COVID-19 pandemic and requirements for legislative amendments have impacted on completion of the remaining Implementation Plan actions.

This Update consolidates progress for the March 2020 through to September 2021 quarters, as follows:

• The ‘Response to Public Submissions – Proposed Iconic Natural Heritage Places’ (the Response), confirming that the Fitzroy River and Camballin Floodplain Iconic Natural Heritage Place as an iconic natural heritage place was approved on 24 April 2021. Following approval, the Response was published on the HF Implementation website on 7 May 2021. The Response confirmed that the new natural heritage place would be included in future amendments to the HF Regulations.
• The Government released its response to stakeholder feedback [2]14 October 2020 on the Proposed Stakeholder Engagement and Consultation Guide (consultation paper). This will be incorporated into the Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia (EP Guideline) completing Implementation Plan Action 4.
• The position paper on human health risk assessment (HHRA) was released on 8 October 2020 describing the current process by which the Environmental Protection Authority refers HHRAs to Department of Health (DoH) for review and advice. The paper also includes a template for the Chemicals Register, which will list the chemicals reviewed by DoH through the HHRA process and be published on DoH’s website.  This completes the Implementation Plan Actions 8 and 9.
• The Penalties Position Paper (Action 13) was released on 29 October 2020 outlining the Government’s proposal to increase the penalties for environmental offences under the State’s Petroleum and Geothermal Energy Resources Act 1967.
• The Financial Assurance Position Paper (Action 19) was released on 16 September 2020 outlining the Government’s proposal to adopt key provisions within the Commonwealth’s existing Offshore Petroleum and Greenhouse Gas Storage Act 2006 regulatory framework that suitably align with the Western Australian petroleum regime.
• Further examination/analysis of a draft Code of Practice, based upon the Northern Territory Code, has revealed that the Code as developed to date would not be enforceable as required by the Inquiry’s recommendations.  To ensure the standards to be addressed in the fourteen recommendations of the Inquiry are enforceable, development of regulations under the Petroleum and Geothermal Energy Resources Act 1967 and the Environmental Protection Act 1986 are required. Development of the drafting instructions for Government approval for preparation the regulations is underway.  It is envisaged that exposure drafts of the regulations and supporting documentation will be released for public consultation by early 2022.
• Actions 5a, 5b, 6, 11, 13, 14, 15, 17 and 19 of the Implementation Plan were not finalised before the end of 2020 as originally specified in the Implementation Plan. They require legislative amendments to the Petroleum and Geothermal Energy Resources Act 1967. Approval to draft the Bill was received in March 2021 and drafting is underway.  When completed, an exposure draft of the amendment Bill will be released for comment.  At this stage, it is envisaged that the exposure draft will be released in mid-2022, followed by introduction of the Bill later in the 2022 Parliamentary year.

For updates on individual Implementation Actions please visit Implementation Progress.

25 September 2021 

Amendments to the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 were approved by the Executive Council Tuesday 21 September 2021, gazetted on 24 September 2021 and commenced 25 September 2021, identifying the King Sound, Fitzroy River and Camballin Floodplain as an Iconic Natural Heritage Place where they lie within petroleum titles existing on 26 November 2018, as a place where hydraulic fracture stimulation is not be permitted. The map showing the updated ban areas in Western Australia can be viewed here

7 May 2021

In July 2019, the State Government released its Implementation Plan, being the Government’s response to the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia (the Inquiry).  Implementation Plan Action 2 responds to the Inquiry’s Recommendations 2 and the Government’s Policy Decisions 2 and 6.

Components of Implementation Plan Action 2 have already been addressed through the amendments to Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017, which commenced in September 2019.

The Proposed Iconic Natural Heritage Places Public Consultation Paper was released on the Implementation Website for public comment from 10 December 2019 to 31 January 2020.  During the public comment period, 5,623 submissions were received, with 469 of those being non-template submissions.  Of the non-template submissions, 32 contained feedback relating to iconic natural heritage places.

Upon consideration of the submissions, the Government has decided to extend the proposed Fitzroy River and Camballin Floodplain Iconic Natural Heritage Place.  This extension will include the additional parts of the Kimberley National Heritage Listed Area as of 26 November 2018 (including King Sound and east north east of Derby) that intersect with petroleum titles existing as of 26 November 2018 (see Response Paper – Map 1).

With respect to the proposed Kennedy Range Iconic Natural Heritage Place, the petroleum exploration permit EP 481 that existed over the Kennedy Range National Park expired in August 2020, which means that hydraulic fracturing will now not occur in this area.  Therefore, the Kennedy Range Iconic Natural Heritage Place is withdrawn from the Government’s proposed places.

It is important to note that other regulatory mechanisms, including both existing and additional new mechanisms, including those being developed as part of the other Implementation Plan actions, will ensure that hydraulic fracturing activities are rigorously assessed by the regulators including potential impacts on natural assets and values.

The Fitzroy River and Camballin Floodplain Iconic Natural Heritage Place will be included in future amendments to the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017.

29 October 2020

The Penalties Position Paper, released by the Western Australian Government, outlines the Government’s proposal to increase the penalties for environmental offences under the State’s Petroleum and Geothermal Energy Resources Act 1967 (PGERA).

This Paper addresses Action 13 of the Implementation Plan.

The aim of the increased penalties is to provide an effective deterrent to non-compliance, and demonstrates the State Government’s commitment to supporting a safe, responsible and compliant approach to petroleum development, in line with community expectations.

The proposed amendments, which will form part of a Bill amending the PGERA and consequential amendments to the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012, will ensure that appropriate and proportional penalties can be applied according to the nature and scale of offences under the PGERA.

Further detail regarding the specific legislative amendments will be provided in the Bill, which will be released for public comment in the first half of 2021.

For updates on individual Implementation Actions please visit Implementation Progress.

14 October 2020

The Government’s response to stakeholder feedback about the Proposed Stakeholder Engagement and Consultation Guide (consultation paper) for projects undertaking hydraulic fracturing activities, has been released.  This completes the Implementation Plan Action 4.

The Western Australian Government thanks all stakeholders for their feedback received during the public consultation period.

The addition to the Guideline for the Development of Petroleum and Geothermal Environment Plans in Western Australia (EP Guideline) will now specifically address stakeholder engagement and consultation relating to hydraulic fracturing activities.

The addition seeks to ensure a registered holder of a petroleum title within “an existing petroleum authority area” develops and implements a Stakeholder Engagement Strategy, which includes communication and engagement with stakeholders as a priority at the earliest opportunity and throughout every stage of the life cycle of a petroleum project associated with hydraulic fracturing.

The aim of a Stakeholder Engagement Strategy is for the registered holder to demonstrate a commitment to social responsibility and maintaining this over the project life cycle.

The EP Guideline, which outlines the Government’s expectations, is designed to assist petroleum, geothermal, and pipeline operators in developing an Environment Plan (EP) that meets the requirements of the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012, the Petroleum (Submerged Lands) (Environment) Regulations 2012, and the Petroleum Pipelines (Environment) Regulations 2012 (the Environment Regulations).

DMIRS is currently working to incorporate the additional section contained in the consultation paper into the EP Guideline, together with changes resulting from the public consultation, as outlined in the response paper.  The revised EP Guideline will be available on the DMIRS website.

8 October 2020

The State Government has approved the publication of the Western Australian Department of Health process for providing advice to the Environmental Protection Authority on human health risk assessments for hydraulic fracturing proposals position paper.

As per Implementation Plan Action 7 (and Inquiry Recommendation 34) all applications for onshore exploration and production proposals involving hydraulic fracturing will be referred to the Environmental Protection Authority (EPA) for assessment under Part IV of the Environmental Protection Act 1986.

Furthermore, EPA will refer all human health risk assessments (HHRAs) associated with hydraulic fracturing proposals to the Department of Health (DoH) for review.  DoH will review all HHRAs where there is a potential impact to public health (that is, people and communities) and provide advice to the EPA.

The Position Paper, which closes Actions 8 and 9 of the Government’s Implementation Plan, articulates the process by which the EPA refers HHRAs to DoH for review and advice, and also includes a template for the Chemicals Register, which will list the chemicals reviewed by DoH through the HHRA process and be published on DoH’s website.

For updates on individual Implementation Actions please visit Implementation Progress.

16 September 2020

The Financial Assurance Position Paper released by the Western Australian Government, outlines the Government’s proposal to adopt key provisions within the Commonwealth’s existing Offshore Petroleum and Greenhouse Gas Storage Act 2006 regulatory framework that suitably align with the WA petroleum regime.

For instance, the broadening of financial assurance mechanisms and options for titleholders under the Petroleum and Geothermal Energy Resources Act 1967 (PGERA) as well as including the State’s ability to investigate, audit and enforce compliance with financial assurance requirements.

These financial assurance amendments will be included in a Bill amending the PGERA with subsequent amendments required for the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012 so that failure to maintain financial assurance is grounds for withdrawal of acceptance of an environment plan.

These legislative amendments will ensure accountability and an increased focus on environmental rehabilitation within the onshore petroleum industry.

Further detail regarding the specific legislative amendments will be provided in the Bill.

For updates on individual Implementation Actions please visit Implementation Progress.

10 September 2020

June 2020 Quarter Progress Update

As at 30 June 2020, five Implementation Actions (1, 12, 16, 18 and 20) have been completed, equating to 25 per cent completion status.

The COVID-19 pandemic has resulted in some delays, due to changing departmental and Government priorities, as well as measures taken to reduce the spread of COVID-19.

This means that a number of actions were unable to be finalised by 30 June 2020 for the June Quarter reporting period, including the Government’s Human Health Risk Assessments Position Paper, Penalties Position Paper and Financial Assurance Position Paper, which are under review and expected to be published this year. Therefore, no individual action updates are available for the June Quarter.

Work between Western Australian Government and the CSIRO has been ongoing and is continuing to develop the new Code of Practice, which will prescribe minimum enforceable standards for hydraulic fracturing activities in Western Australia. A consultation draft of the Code of Practice is now expected to be finalised in the second half of the year.

While a number of Actions will also require legislative changes to be fully implemented, industry is still able to progress with the submission of their projects for assessment.

The new requirements for hydraulic fracturing, based on the Inquiry’s recommendations and the Government’s decisions, are publicly available in the Inquiry Report and the Government’s Implementation Plan.

An amendment to the Environmental Protection Regulations 1987 regulation 2C was approved by the Executive Council on 30 June, and commenced on 8 July 2020. The amendment requires all onshore oil and gas proposals involving hydraulic fracture stimulation in Western Australia to be referred to the Environmental Protection Authority (EPA), by designating them as ‘proposals of a prescribed class’.

As a result, proposals involving hydraulic fracturing, within onshore petroleum titles where the hydraulic fracturing moratorium has been lifted, are required to be referred to the EPA by the Department of Mines, Industry Regulation and Safety (DMIRS). Proponents can also self-refer proposals to the EPA.

Assessments will be undertaken in parallel with the implementation of the remaining actions, and proponents are encouraged to engage with the EPA and DMIRS to ensure they understand the new requirements.

Proponents will not be permitted to commence hydraulic fracturing for exploration until the Code of Practice has been finalised, and hydraulic fracturing for production will not be approved without the Code of Practice and until Traditional Owner and private landowner consent requirements have been implemented.

For the March Quarter update on individual Implementation Actions, please visit Implementation Progress.

8 July 2020

Hydraulic fracture stimulation proposals require referral to the Environmental Protection Authority

Environmental Protection Regulations 1987 have been amended to require referral of all onshore oil and gas exploration and production proposals involving hydraulic fracture stimulation to the Environmental Protection Authority (EPA) for assessment.

In November 2018, the State Government accepted in-principle all 44 recommendations of the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia 2018 (the Inquiry).

In July 2019, the State Government released its Implementation Plan, which consolidates the Inquiry’s 44 recommendations together with the Government’s Decisions into 20 implementation actions.

In accordance with Implementation Plan Action 7 and Inquiry Recommendation 34, Regulation 2C of the Environmental Protection Regulations 1987 has been amended to define all onshore oil and gas exploration and production proposals involving hydraulic fracture stimulation in Western Australia as being proposals of a “prescribed class”, which will require referral to the EPA for assessment. The purpose of the amendment is to:

• require a decision-making authority, (in this case the Department of Mines, Industry Regulation and Safety) to refer any such proposal to the EPA, as soon as it has notice of a proposal that appears to be of the “prescribed class”, or
• cause the EPA to require the proponent or the decision-making authority to refer the proposal if it has not been referred in accordance with point 1 above.

The amendment to the Regulation 2C, approved by the Executive Council on 30 June and gazetted on 7 July 2020, commences today (8 July 2020).

8 May 2020

March 2020 Quarter Progress Update

The Government’s Implementation Plan Actions progress update for the Quarter ending 31 March 2020 reveals completion of a further two actions, bringing the Government’s completion status to 25 per cent.

This follows the release of the Government’s Capability and Capacity for Environmental Assessment and Compliance Activities position paper (Action 20) and establishment of the Government’s Clean Energy Future Fund (CEFF) (Action 18). For further details about CEFF and information about applications for the first round of funding, see Government’s media statement: Fund to help develop clean energy projects in Western Australia.

Implementation of remaining actions is progressing, including examination and consideration of stakeholder feedback resulting from recent public consultation papers relating to Iconic Natural Heritage Places (Action 2) and Stakeholder Engagement and Consultation Guide (Action 4).  A response to stakeholder feedback for each of the papers will be published on the Implementation Plan website following due consideration by the Government.

While the Government is continuing with the implementation of remaining actions, measures introduced to reduce the spread of COVID-19 coronavirus may impact the implementation process as well as time frames for implementation.

For updates on individual Implementation Actions please visit Implementation Progress.

25 March 2020

The Government has approved the publication of the Capability and Capacity for Environmental Assessment and Compliance Activities position paper.

This closes Action 20 of the Government’s Implementation Plan to determine the level of resourcing for full implementation of the existing regulatory regime, and if required, develop cost recovery to enhance environmental auditing and compliance functions of Government.

As outlined in the position paper, no changes have been proposed as the existing cost recovery mechanisms under petroleum titles and prescribed premises are sufficient for the current level of staffing required, based on current industry activity. Note that the proposed introduction of broader cost recovery under Part IV of the Environmental Protection Act 1986 (EP Act) through separate legislative amendments, by inserting a head power for cost recovery into the EP Act and exploring models of cost recovery that will be imposed by way of regulations under the EP Act, will occur outside of the Implementation Project (see Environmental Protection Act 1986 amendments consultation).

For updates on individual Implementation Actions please visit Implementation Progress.

14 February 2020

December 2019 Quarter Progress Update

Today the Government updated the Implementation Plan Actions progress for the Quarter ending 31 December 2019.

Implementation of the outstanding 17 Actions is continuing to progress well.

On 10 December 2019, the WA Government released the Proposed Iconic Natural Heritage Places Public Consultation Paper for comment and feedback.

This was followed by the release of the Proposed Stakeholder Engagement and Consultation Guide Public Consultation Paper on 19 December 2019.

As outlined in the discussion paper, the aim of identifying iconic natural heritage places is to prevent potential impacts arising from direct development or proximity to increased traffic, noise or light associated with hydraulic fracturing.

Due to the State Government’s decision to lift the hydraulic fracturing moratorium on existing petroleum titles (being exploration permits, retention leases and production licences) in force on 26 November 2018; and maintain the moratorium across the rest of the State, the scope of identifying iconic natural heritage places is limited to those located within existing petroleum titles.

This means that the vast areas across the State where hydraulic fracturing is already prohibited will increase to also include additional areas that are deemed to be iconic natural heritage places within existing petroleum titles.

In addition, as outlined in the Proposed Stakeholder Engagement and Consultation Guide, a registered holder of a petroleum title within ‘an existing petroleum authority area’, will be required to develop and implement a specific hydraulic fracturing Stakeholder Engagement Strategy. This will ensure that communication and engagement with stakeholders is a priority at the earliest opportunity and throughout every stage of the lifecycle of a petroleum project which is associated with hydraulic fracturing.

In accordance with the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012 (the Environment Regulations), the Department of Mines, Industry Regulation and Safety (DMIRS) requires that adequate consultation be undertaken between the operator and relevant authorities, interested persons and organisations. This consultation is to be detailed in an Environment Plan (EP), which must include a report on all consultations between the operator and relevant stakeholders, and outline ongoing communication protocols to be implemented after approval of the EP.

DMIRS assesses the EP to determine, among other things, whether or not the consultation requirements of the Environment Regulations have been adequately addressed.

For updates on individual Implementation Actions please visit Implementation Progress.

31 October 2019

September Quarter 2019 Update

In July 2019, the Government released its Implementation Plan. The Implementation Plan describes the actions required to implement the Inquiry’s recommendations and the Government’s Policy Decisions, which include substantive changes to the way hydraulic fracturing is regulated in the State.

These Policy Decisions include:

• lift the hydraulic fracture stimulation moratorium on all onshore petroleum titles existing as of 26 November 2018; and maintain the ban over the South-West, Peel and Perth Metropolitan regions (Implementation Plan Action 1);
• ban hydraulic fracture stimulation in national parks, the Dampier Peninsula, and other iconic natural heritage areas (to be defined and delineated on maps) (Implementation Plan Action 2);
• introduce a requirement for consent of relevant Traditional Owners and private landowners before hydraulic fracture stimulation production is permitted (Implementation Plan Action 5a / 5b);
• restore the 10 per cent royalty rate for all onshore petroleum (Implementation Plan Action 17);
• establish a Clean Energy Future Fund (with a $9-million seed allocation), using net royalties from onshore hydraulic fracture stimulation petroleum projects, to support facilitation of clean energy developments (Implementation Plan Action 18); and
• prohibit hydraulic fracture stimulation within 2,000 metres of gazetted Public Drinking Water Source Areas (Implementation Plan Actions 2 & 7).

To date, three Actions (1, 12 and 16) have been completed, and implementation of the remaining 17 Actions is progressing well.

Completion of Action 1 included amendments to Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017. The amendment regulations:

• lifted the hydraulic fracturing moratorium on the areas of the State covered by existing Petroleum and Geothermal Energy Resources Act 1967 exploration permits, retention leases and production licences in force on 26 November 2018;
• extended the moratorium indefinitely across the rest of the State; and
• banned hydraulic fracturing in the Dampier Peninsula, national parks, gazetted public drinking water source areas and an area within 2,000 metres of gazetted public drinking water source areas.

These regulations ensure hydraulic fracturing will not be permitted over 98 per cent of Western Australia.

Proponents considering hydraulic fracturing on onshore petroleum titles where the hydraulic fracturing moratorium has been lifted are able to self-refer to the EPA, however assessment will be undertaken in parallel with the implementation of the remaining 17 Actions.

Proponents will not be permitted to commence hydraulic fracturing exploration until the WA Code of Practice has been developed, and hydraulic fracturing production will not be approved until Traditional Owner and private landowner consent requirements have been implemented.

For updates on individual Implementation Actions please visit Implementation Progress.

06 September 2019

Today’s gazettal of the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Amendment Regulations 2019 marks completion of the Government’s Implementation Plan Action 1. Onshore petroleum titles where hydraulic fracturing moratorium has been lifted map can be accessed here