A landmark legal challenge to protect Northern Territory water and communities from fracking will be heard this week between June 23 to 26 at the Federal Court in Sydney.  

In court, Lock the Gate Alliance will argue that Tamboran B2 Pty Ltd’s Shenandoah South Exploration and Appraisal fracking project, which is targeting shale gas in the Beetaloo Basin near Elliott and the culturally and ecologically significant Lake Woods, is likely to contaminate groundwater.  

Lock the Gate Alliance says the project should be referred to the Federal Environment Minister for assessment and a decision under national environment laws designed to protect water from significant impacts, known as the “water trigger”.    

Tamboran has already begun work on the project, drilling the first two of 15 wells. However, the company has not referred the activity to the Federal Environment Minister for assessment under the water trigger. 

Lock the Gate Alliance will be represented by Environmental Justice Australia.  

Lock the Gate Alliance head of research and investigations Georgina Woods says: 

“We are pursuing this case because we believe Tamboran’s fracking project is likely to contaminate precious groundwater in the Northern Territory and we want Australia’s national environmental law applied.   

“We believe the expanded water trigger should be used to assess this fracking project for its impacts on water resources. Since neither Tamboran nor the Federal Environment Minister have chosen to do this we have stepped in to take action ourselves.   

“Protection of water resources is of the utmost importance.”   

Darwin local and Lock the Gate Alliance spokesperson Pete Callender says:

“We want NT groundwater to be safe from the likely significant risk of contamination from fracking chemicals, escaped methane gas and toxic wastewater.    

“We are trying to make sure the water trigger does its job of protecting water in the Northern Territory.”  

Environmental Justice Australia senior specialist lead lawyer Retta Berryman said: 

"When the federal government extended the 'water trigger' in our national environment laws to apply to all forms of unconventional gas, the community hoped it would ensure fracking projects would be properly scrutinised.

“This case is the first challenge under the extended water trigger. Our client hopes bringing this case will ensure that Tamboran B2’s project is rigorously assessed for its impact on essential water resources."

Background:

The water trigger prohibits unconventional gas projects that have, will have, or are likely to have a significant impact on water resources from going ahead without referral to, and risk assessment by, the Federal Environment Minister. The water trigger originally applied to large coal mining developments and coal seam gas, but was amended in 2023 to cover all forms of unconventional gas projects, including fracked shale gas activities.  

The Shenandoah project is being undertaken as a joint venture between Tamboran B2 Pty Ltd and Falcon Oil and Gas Australia Ltd. Tamboran B2 is the operator of the project and holds the relevant permits under NT law. Tamboran B2 is a wholly owned subsidiary of Tamboran (B1) Pty Ltd, which is a joint venture owned 50/50 by Tamboran (West) Pty Ltd and Daly Waters Energy LP. Tamboran (West) is ultimately wholly owned by Tamboran Resources Corporation, which is based in the US.   

Media contact: Miki Perkins – 03 83413110 (goes to mobile) 

The hearing will be available via the Federal Court’s Youtube page