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Australian Energy Producers Journal Australian Energy Producers Journal Society
Journal of Australian Energy Producers
RESEARCH ARTICLE (Non peer reviewed)

From the Northern Territory to Western Australia: fracking, public policy and social licence

Margie Tannock
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Squire Patton Boggs, Level 21, 300 Murray Street, Perth, WA 6000, Australia. Email: margie.tannock@squirepb.com

The APPEA Journal 59(2) 731-733 https://doi.org/10.1071/AJ18265
Accepted: 19 March 2019   Published: 17 June 2019

Abstract

There are significant differences in the experiences of the Northern Territory (NT) and Western Australia (WA), as a consequence of the processes, outcomes and recommendations, and ultimately political climate surrounding the development of unconventional gas. In the period 2016–18 both the NT and WA underwent independent inquiries into the environmental impacts of onshore hydraulic fracture stimulation. Each process included review of scientific research papers, numerous community and stakeholder meetings around the State and Territory and extensive public seminars. Final reports were released by both inquiries in 2018. However, the recommendations arising from each report on the findings of the inquiries were materially different, as were the political responses and implementation of outcomes. This paper analyses the differences in the respective reports, and comments on the implementation and future of development in the respective jurisdictions.

Keywords: community consultation, corporate social responsibility, cumulative impact, hydraulic fracture stimulation, Indigenous engagement, moratorium, onshore gas, political stakeholders.

Margie Tannock is a Partner at Squire Patton Boggs AU (Perth). Margie’s practice focuses on advising clients from all sectors on statutory approvals, corporate governance, compliance and public law. She works closely with clients to resolve regulatory risk across all aspects in corporate decision making, especially relating to major projects, environmental, planning and land access authorisations. With long-term experience in public law, Margie advises many statutory authorities, including universities, private colleges, redevelopment authorities, local governments and state government departments. Margie served as a foundation member on the Advisory Board of the Centre for the Built Environment and Health, a research institute within the University of Western Australia (UWA). Margie is formerly the chair of the Governance Committee for the West Australian Cricket Association and is a Board Member of St. Catherine’s College (UWA) and a Member of the Property Council (WA)’s Residential Property Committee. Margie has an LLB (1989) and JD (1988) from UWA and was admitted to the Supreme Court of Western Australia, Federal Court of Australia and High Court of Australia in 1990.


References

Government of Western Australia (2018) Government Introduces Strict New Controls for Hydraulic Fracturing. [Media release] Available at: https://www.mediastatements.wa.gov.au/Pages/McGowan/2018/11/Government-introduces-strict-new-controls-for-hydraulic-fracturing.aspx [verified 15 May 2019]

Independent Scientific Panel (2018). Independent Scientific Panel inquiry into hydraulic fracture stimulation in Western Australia. Final report to the Western Australian Government. Available at: https://frackinginquiry.wa.gov.au/sites/default/files/final_report.pdf [verified 10 April 2019]

Inquiry Panel (2018). Scientific inquiry into hydraulic fracturing in the Northern Territory final report. Available at: https://frackinginquiry.nt.gov.au/inquiry-reports/final-report [verified 10 April 2019]

Johnston, W. J. (2017) Hydraulic fracturing -- south west ban and statewide moratorium -- inquiry establishment. Statement by Minister for Mines and Petroleum, 5 September 2017. Parliamentary Debates (Hansard). Western Australia: Legislative Council. p. 3300b. Available at: http://www.parliament.wa.gov.au/Hansard/hansard.nsf/0/0ca40786ca8659314825819500230d67/$FILE/A40%20S1%2020170905%20p3300b-3300b.pdf [verified 15 May 2019]

NT News (2018). Fracking given green light by NT Government. [Online news article] Available at: https://www.ntnews.com.au/news/northern-territory/fracking-given-green-light-by-nt-government/news-story/e6c02f2e0e0eeb837be33154b41a299c [verified 15 May 2019]