To The Commissioner,
I call on you to make recommendation to amend the laws of the NT in response to the following concerns:
1. We don't know enough about the impact of fracking on our environment or human health, therefore the law must:
- reflect the precautionary principle in environmental assessment and regulatory control
- require drilling competency standards to protect safety, health and resource management
- require collection and publication of base line data on environmental impact
2. The current laws do not allow for community consultation, therefore the law must:
- require adequate public notice of proposed exploration – one advertisement in a newspaper is not adequate
- allow a land owner or affected person the right to object and the right to refuse
- require publication of reasons for decisions and all associated documentation considered by the Minister
- provide for appeal of a decision to an independent Tribunal
- allow a third party merits review of decisions
- regulate access to land by explorers and operators and allow the owner of land to specify terms of access
3. Environmental impact assessment is not adequate, therefore the law must:
- be amended to provide for environmentally sustainable development as the primary object
- require environmental impact assessment processes and decisions to be transparent and available for public submission
- require environmental impact assessment for exploration activity
- require consideration of environmental differences across the NT, so that a template assessment process is not available
- require an operator to integrate waste water management planning into exploration and production as a requirement for licensing
- waste water management plans to incorporate well and field abandonment
- require the consideration of land use, generally and provide for land use reservations.
4. Regulatory oversight is not effective, therefore the law should be changed to:
- one agency (EPA) should regulate all environmental impacts of fracking, including water pollution and contamination on the site
- require skilled regulatory officers should attend sites in person on a regular basis
- remove intent and knowledge as elements of environmental offences
- increase penalties and extend statute of limitations for prosecutions
- apply the Water Act to all mining activity including exploration for fracking, so that water usage is regulated
- apply the Waste Management and Pollution Control Act to all mining activity, regardless of where it takes place
- implement structural co-ordination between relevant government agencies
5. The real cost of fracking should be known and recovered from Operators, including:
- wear and tear on public infrastructure including roads
- water usage and pollution
- costs for rehabilitation of wells and fields
- reduction in value of land to landholders as a result of fracking
