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Proposed Iconic Natural Heritage Places
Public Consultation Paper10 December 2019
Implementation of the Government’s response to the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia
Contents
PURPOSE .......................................................................................................................................1
BACKGROUND .................................................................................................................................1
Potential Impacts to Flora and Fauna from Hydraulic Fracturing ............................................................... 1
SCOPE ...........................................................................................................................................1
Guiding Principles .....................................................................................................................2
PROPOSED ICONIC NATURAL HERITAGE PLACES .................................................................................2
Map 1 – Fitzroy River Iconic Natural Heritage Place and Camballin Floodplain Iconic Natural Heritage Place ................................................................................................ 4
Map 2 – Kennedy Range Iconic Natural Heritage Place ............................................................................ 5
FREQUENTLY ASKED QUESTIONS ......................................................................................................6
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PURPOSEThe purpose of this paper is to seek public comment and feedback about proposed iconic natural heritage places, within which the petroleum industry would not be permitted to set up well pads or undertake drilling for oil and gas exploration or production, involving hydraulic fracture stimulation, also referred to as hydraulic fracturing.
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.
BACKGROUNDThe State Government announced the establishment of the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia (the Inquiry) in September 2017, and enacted the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 on 9 December 2017 to prohibit hydraulic fracturing in the South West, Peel and Perth Metropolitan regions; and impose a moratorium on hydraulic fracturing for the rest of the State, pending the outcome of the Inquiry.
In September 2018, the Inquiry handed its Report to the Minister for Environment. The Report, containing 91 findings and 44 recommendations, was released publicly in November 2018 via the Inquiry’s website.
On 12 July 2019, the Western Australian Government released its Implementation Plan, the Government’s response to the Inquiry. Implementation Plan Action 2 responds to the Inquiry’s Recommendation 2 and the Government’s Policy Decisions 2 and 6, to ban hydraulic fracturing in and within 2,000 metres of gazetted public drinking water source areas, in national parks, the Dampier Peninsula, and other places of iconic natural heritage which were to be defined and delineated on maps.
Amendments to Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 commenced on 7 September 2019. The amendments:
• 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;
• maintained the ban over the South-West, Peel and Perth Metropolitan regions and 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 areas within 2,000 metres of gazetted public drinking water source areas.
These regulations ensure hydraulic fracturing is not permitted over 98 per cent of Western Australia.
Potential Impacts to Flora and Fauna from Hydraulic FracturingDuring the Inquiry, the Panel considered the risks to meeting the stated objectives of the Environmental Protection Authority (EPA) guidelines:
• Flora and fauna are protected so that regional biological and ecological integrity are maintained; and
• The integrity of places of distinctive ecological and conservation value is preserved.
With respect to potential impacts to flora and fauna, and the maintenance of ecological integrity, the Inquiry concluded that the overall risk from hydraulic fracturing is low if the current State and Federal regulatory and environmental approval processes are applied, including the consideration of cumulative impacts.
The Inquiry also noted that under the current legislation, petroleum companies granted an exploration permit have the right to potentially gain access to conservation reserves as well as other places of aesthetic or conservation significance within the permit area. To date, in areas where hydraulic fracturing has taken place, the industry has located its projects well away from such places, as shown by the relinquishment of leases covering some iconic natural features such as Roebuck Bay and the Pinnacles. Nonetheless, the Inquiry was of the view that such avoidance should be formally regularised.
The Inquiry envisaged that the process to identify places of iconic natural heritage, in consultation with the community, would be a formal part of the process by which the Western Australian Government releases acreage for potential development. However, as a result of the Government’s Policy to maintain the moratorium across the State except for petroleum titles that were in force on 26 November 2018, hydraulic fracturing will not be permitted over land released for oil and gas exploration as part of future acreage releases.
SCOPEDue 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.
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Because the term ‘iconic natural heritage’ is subjective, the Government has developed a set of principles to guide the process of selecting places considered to be of iconic natural heritage. The intent is to reduce overlap with existing mechanisms, which already consider potential impacts associated with hydraulic fracturing, such as:• the Government’s existing bans in South West,
Peel and Perth Metropolitan regions, the Dampier Peninsula, national parks, in and within 2,000m of public drinking water source areas;
• the Government’s State-wide moratorium, whereby hydraulic fracturing is prohibited outside of petroleum titles in force on 26 November 2018;
• existing State and Federal regulatory processes, including the requirement for all applications for onshore hydraulic fracturing exploration and production proposals to be referred to the EPA for assessment under Part IV of the Environmental Protection Act 1986.
Guiding PrinciplesThe Government has developed the following guiding principles for identifying places of iconic natural heritage where hydraulic fracturing will be prohibited:
1. The list of places of iconic natural heritage does not include all places in the State that could be considered to be iconic. Rather, the list is limited to places that could be impacted by hydraulic fracturing activities (i.e. within existing petroleum titles in force on 26 November 2018).
2. The term ‘place’ is more appropriate than ‘area’ as it defines a specific location with surface boundaries where hydraulic fracturing will not be permitted.
3. Places of iconic natural heritage are considered to be recognised naturally significant places which could include national parks and sites registered on the National Heritage List.
4. Proposed national parks within areas identified in the State Government’s Plan for Our Parks (February 2019) are included in the list of places of iconic natural heritage (where they intersect with existing petroleum titles in force on 26 November 2018).
5. While some places of iconic natural heritage also include Aboriginal cultural values, these values will be considered by the relevant Traditional Owners as part of any consent or access requirements.
6. Environmental values of sites that are important, but not identified as having iconic status, will be considered by the Government through environmental assessment processes and referrals of all applications for onshore hydraulic fracture stimulation exploration and production to the EPA.
PROPOSED ICONIC NATURAL HERITAGE PLACESThe Government has identified, in line with the guiding principles, two proposed iconic natural heritage places for consultation with the Western Australian community, including:
Fitzroy River and Camballin Floodplain Iconic Natural Heritage Place (Map 1)
The Fitzroy River is one of the Kimberley region’s most important and iconic waterways, flowing through rugged hills and plains for 750 kilometres. In flood, it is one of the world’s largest rivers. During the dry season, much of the river stops flowing, leaving permanent waterholes along the river and surrounding floodplains that are critical to the survival of waterbirds, fish and other wildlife. In 2011, the entire Fitzroy River was added to the National Heritage List because of its exceptional natural and cultural value. It is also listed as an Aboriginal Heritage Site under the Aboriginal Heritage Act 1972. Camballin Floodplain is a nationally significant wetland associated with the Fitzroy River and is part of the National Heritage site. The floodplain also supports threatened and priority ecological communities.
The boundary of this proposed iconic natural heritage place, within existing petroleum titles, follows the boundary along the Fitzroy River and Camballin Floodplain as defined by the National Heritage Listing as at 26 November 2018. The total area covers approximately 110,360 hectares.
Kennedy Range Iconic Natural Heritage Place (Map 2)
Extensions to the Kennedy Range National Park have been identified through the State Government’s Plan for Our Parks initiative, announced in February 2019. The Kennedy Range contains diverse landscapes and geological features, including springs. Proposed additions to the national park will cover the remaining part of the range itself and include an extensive area of sandplains which support species not represented in the conservation reserve system. There are also records of priority flora and fauna species, and priority ecological communities. Culturally significant sites and artefacts provide evidence of a long Aboriginal history in the area.
The boundary of this proposed iconic natural heritage place, within existing petroleum titles, follows the area being considered for reservation as national park under the State Government’s Plan for Our Parks (February 2019) and covers approximately 77,000 hectares. The Government is currently undertaking separate stakeholder consultation relating to Plan for Our Parks which may impact the final boundaries to the extension of Kennedy Range National Park.
The location of the proposed iconic natural heritage places is shown on the following State map and individual boundary maps.
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Map of Western Australia showing location of proposed iconic natural heritage places
Port Hedland
Marble Bar
Nullagine
Tom Price
Karratha
OnslowExmouth
Carnarvon
Mount Magnet
Albany
Kalgoorlie
Wes
tern
Aus
tralia
Sout
h A
ustra
liaNo
rther
n Te
rrito
ry
J
J
J
J
see Enlargement
Esperance
Kalbarri
Broome
EP 391 R3EP 391 R3
Map 1
Geraldton
PERTH
Wyndham
EP 487
EP 493
EP 428 R1
EP 481
EP 431 R1 EP 458 R1
EP 371 R2
EP 386 R3
EP 436 R1
EP 457 R1
EP 104 R6
L 6 R1
L 8 R1
EP 129 R6
L 21L 20
R 1 R2
L 9 R1
L 16
L 17L 15
130°0'0"E
130°0'0"E
125°0'0"E
125°0'0"E
120°0'0"E
120°0'0"E
115°0'0"E
115°0'0"E
15°0
'0"S
15°0
'0"S
20°0
'0"S
20°0
'0"S
25°0
'0"S
25°0
'0"S
30°0
'0"S
30°0
'0"S
35°0
'0"S
35°0
'0"S
´
Enlargement
EP 494
EP 498
EP 432 R1
EP 426 R1
EP 447 R1
EP 454 R1
EP 389 R3
EP 437 R1
R 7
L 4 R1
EP 368 R4
L 1 R1
L 5 R1
L 2 R1
EP 488
EP 469
EP 455 R1
L 7 R1
EP 489
EP 320 R5EP 413 R3
EP 495
L 22L 11
L 18 L 19
EP 430 R1
L 14
EP 440 R1
Geraldton
Legend
Petroleum Titles*
Hydraulic Fracturing Ban Area
State Moratorium on Fracking
Dampier Peninsula Ban Boundary
Peel, Metro and South West Ban Boundary
Places of Iconic Natural Heritage
Map extents
Roads
Towns
0 100 200 300 400 50050
km
map projected in GDA94
* Titles shown take into account renewal, drop off and expiries since 26 November 2018
Map 2
DATA SOURCESPetroleum Titles sourced from
Department of Mines, Industry Regulation and Safety (DMIRS).Roads and administration boundaries sourced from Landgate.
Places of Iconic Natural Heritage data sourced fromDepartment of Biodiversity, Conservation and Attractions (DBCA).
Hydraulic Fracturing Ban Area produced from the compilation of datasourced from various government departments.
This product was produced using information from various sources. TheDepartment of Mines, Industry Regulation and Safety (DMIRS) and theState cannot guarantee the accuracy, currency or completeness of the
information. DMIRS and the State accept no responsibility and disclaim allliability for any loss, damage or costs incurred as a result of any use of or
reliance whether wholly or in part upon the information provided in thispublication or incorporated into it by reference.
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Map 1 – Fitzroy River Iconic Natural Heritage Place and Camballin Floodplain Iconic Natural Heritage Place
GDA94 MGA Zone 51
!
!
GREAT NORTHERN HWY
DERBY-GIBB RIVER RD
NERRIMA RD
LULUIGUI RD
BLINA RD
DERBY HWY
GREAT NORTHERN HIGHWAY-GEE GULLY RD
CAMBALLIN-NO
ONKANBAH RD
CAMBALLIN RD
KIM
BO
LTON
RD
LOVEGROVE ST
JETTY RD
BLINA RD
DERBY
CAMBALLIN
550000
550000
600000
600000
650000
650000
7950
000
7950
000
8000
000
8000
000
8050
000
8050
000
124°30'
124°30'
124°
124°
123°30'
123°30'
-17°
30'
-17°
30'
-18°
-18°
-18°
30'
-18°
30'
Graticule shown at 30 minutes intervalsGrid shown at 50000 metre intervals
º1:500,000
0 10 20 305
Kilometres
(A3) !
!
DERBY
CAMBALLIN
Fitzroy River Iconic Natural Heritage Place and Camballin Floodplain Iconic Natural Heritage Place
(MAP 1)
Legend
Camballin Floodplain
FitzroyRiver
FitzroyRiver
FitzroyRiver
INH place - Fitzroy River and Camballin Floodplain
Petroleum Titles (granted before 26th November 2018)
Townsites!
FitzroyRiver
FitzroyRiver
L 15
EP 487
EP 129 R6
EP 457 R1
EP 458 R1
EP 457 R1
Fitzroy River
Fitzroy River
EP 428 R1
EP 129 R6
L 17
L 8 R1
L 6 R1
EP 371 R2
R 1 R2
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Map
2 –
Ken
nedy
Ran
ge Ic
onic
Nat
ural
Her
itage
Pla
ce
GD
A94
MG
A Z
one
50
!G
AS
CO
YN
E J
UN
CT
ION
2500
00
2500
00
3000
00
3000
00
3500
00
3500
00
7250000
7250000
7300000
7300000
7350000
7350000
115°
30'
115°
30'
115°
115°
114°
30'
114°
30'
-24°
-24°
-24°30'
-24°30'
-25°
-25°
Gra
ticul
e sh
own
at 3
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terv
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Grid
sho
wn
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2030
4050
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WO
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Ken
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Nat
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itag
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lace
(M
AP
2)
CA
RN
AR
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MU
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A R
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ULLAWARRA RD
ULLAWARRA RD
Gascoyne River
Lyons River
Lyons River
MA
RD
AR
THU
NA
RD
Lege
nd
Hyd
raul
ic fr
actu
ring
ban
area
Pet
role
um ti
tles
(gra
nted
bef
ore
26th
Nov
embe
r 20
18)
INH
pla
ce -
Ken
nedy
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sed
Nat
iona
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k)
Hyd
rau
lic
frac
turi
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an a
rea
(Ken
nedy
Ran
ge
Nat
ion
al P
ark)
EP
481
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FREQUENTLY ASKED QUESTIONS Why did the Government identify iconic natural heritage places?
The Government has identified the proposed iconic natural heritage places to prevent potential impacts arising from direct development or proximity to increased traffic, noise or light associated with hydraulic fracturing.
Why are only two places proposed as iconic natural heritage places?
Recent amendments to the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017, which commenced on 7 September 2019, implemented the Government’s Policy Decisions to:
• lift 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;
• maintain the ban over the South-West, Peel and Perth Metropolitan regions and extend the moratorium indefinitely across the rest of the State; and
• ban 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.
This means that hydraulic fracturing is already prohibited over vast areas of the State. Hydraulic fracturing will further be prohibited in iconic natural heritage places within existing petroleum titles in force on 26 November 2018.
How did the Government identify the proposed iconic natural heritage places?
The Government has developed the following guiding principles for identifying places of iconic natural heritage where hydraulic fracturing will be prohibited:
1. The list of places of iconic natural heritage does not include all places in the State that could be considered to be iconic. Rather, the list is limited to places that could be impacted by hydraulic fracturing activities (i.e. within existing petroleum titles in force on 26 November 2018).
2. The term ‘place’ is more appropriate than ‘area’ as it defines a specific location with surface boundaries where hydraulic fracturing will not be permitted.
3. Places of iconic natural heritage are considered to be recognised naturally significant places which could include national parks and sites registered on the National Heritage List.
4. Proposed national parks within areas identified in the State Government’s Plan for Our Parks (February
2019) are included in the list of places of iconic natural heritage (where they intersect with existing petroleum titles in force on 26 November 2018).
5. While some places of iconic natural heritage also include Aboriginal cultural values, these values will be considered by the relevant Traditional Owners as part of any consent or access requirements.
6. Environmental values of sites that are important, but not identified as having iconic status, will be considered by the Government through environmental assessment processes and referrals of all applications for onshore hydraulic fracture stimulation exploration and production to the EPA.
Why were the guiding principles developed?
The guiding principles were developed to provide the rationale and transparency in relation to identifying iconic natural heritage places.
Why aren’t all sites of environmental importance included as iconic natural heritage places?
While the proposed iconic natural heritage places include sites of environmental value or significance, sites not identified as having iconic status will continue to be considered by the Government through other mechanisms such as referrals of all applications for onshore hydraulic fracture stimulation exploration and production to the EPA for assessment under Part IV of the Environmental Protection Act 1986 and the new Code of Practice.
Why aren’t all Aboriginal heritage sites included as iconic natural heritage places?
While the proposed iconic natural heritage places include Aboriginal heritage sites or cultural values, sites not identified as having iconic status will continue to be considered by the Government through other mechanisms such as the Aboriginal Heritage Act 1972, and Government’s Traditional Owner consent and access requirements relating to hydraulic fracturing.
How can stakeholders provide feedback?
During the consultation period, from 10 December 2019 to 31 January 2020, stakeholders can submit their feedback via email to [email protected]. Please note all submissions made will be treated as public submissions unless specifically requested to be kept confidential. It is important to note that a request for confidentiality does not make a submission automatically exempt from disclosure. While best endeavours will be made to comply with any request, a submission (or part thereof) may still be disclosed if required under the Freedom of Information Act 1992, for procedural fairness purposes or under any other applicable law.
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DMMIRSDEC19_6280
