CLP Government announces new attack on environment regulations

Northern Territory Minister for Lands, Planning and Environment Josh Burgoyne has announced today that the government is considering removing the rights of third parties to seek merits review of decisions made under an undisclosed array of Territory laws.

Third-party merits review rights for fracking were only introduced to the NT in 2022, following a recommendation by the Scientific Inquiry into Hydraulic Fracturing. Justice Rachel Pepper found that merits review provisions support transparency and, ultimately, better decision-making.

The Environment Centre NT is currently seeking merits review of the decision to approve Tamboran’s Shenandoah South Environmental Management Plan. At the time of filing, this was the first challenge to a fracking project under third party merits review provisions enacted under the Petroleum Act. The grounds for review include that the approval has not adequately assessed contamination risks to surface water and aquifers, including because key recommendations of the Pepper Inquiry have not been met.

Quotes attributable to Bree Ahrens, Acting Co-Executive Director ECNT:
“This government seems determined to give big business exactly what it wants, even if that means throwing out our existing laws here in the Territory.”
“Merits review provisions are a key part of establishing transparency and accountability of decision making under a range of Territory laws, including the Water Act and Petroleum Act.”
“This announcement marks the further rollback of the Pepper Inquiry’s recommendations. We are deeply concerned about the potentially destructive impacts of under-regulated development industry for the Territory’s water and environment. Merits review provisions provide an important function, which is to allow for scrutiny of government decisions.”
“Whether it’s the draconian Territory Coordinator proposal or this new attack on merits review, this CLP Government has indicated it is happy to let the gas companies write the rulebook and Territorians suffer the consequences”