Minimising the impact of shale and tight gas projects in Western Australia: an assessment of the existing regulatory framework

Abstract

This paper analyses the WA legal framework that regulates the impact of shale and tight gas project development, especially during the extended appraisal phase. It assesses whether the existing regulatory framework in WA is more suited to conventional petroleum projects, particularly regarding the application of the Environmental Plan requirements, and triggers for referral to the Environmental Protection Authority (EPA) during the extended appraisal phase of project development. This paper not only seeks to understand whether the existing framework is suited to the commercial development of shale and tight gas resources in WA, it also provides information and points of discussion for industry and regulators so that there might be a consensus in the development of shale and tight gas (especially during the field appraisal and development phase) in the existing WA regulatory framework, and the development of shale gas resources in Australia generally. The paper initially considers the existing regulatory framework of shale and tight gas activities in WA, including an examination of the Western Australian Department of Mines and Petroleum as the lead agency in the development of unconventional gas resources. It also assesses whether the existing regulatory framework for shale and tight gas activities in WA is best practice for the appraisal phase of shale and tight gas activities.