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Public comments now open

Public comments now open

Black Mountain is trying to get approval for the Valhalla gas project, a fracking proposal in the Kimberley that could impact Country, water, cultural heritage, threatened species and communities right across the Kimberley.

What is happening?

Black Mountain wants approval for the Valhalla gas project in the Kimberley.

The project has already been through the WA EPA process and is now also being assessed by the Federal Government under national environment law.

That means the Federal Environment Minister has to consider whether the project could impact nationally protected matters, including National Heritage, threatened species, migratory species and water resources.

Why this matters

It is about whether a gas company should be allowed to put Country, water, culture and communities at risk.

Approving this project, open the door for the entire Kimberley to be opened up - and we cannot let that happen.

Why your comment matters

If thousands of people raise concerns about water, culture, National Heritage, climate risk and community safety, it makes it harder for Black Mountain to pretend the risks are under control.

It also makes it harder for the Federal Environment Minister to approve the project quietly.

This is our chance to put clear public pressure on the federal decision and show that Valhalla should be rejected.

We have made it easier to take action

Usually, making a public comment would mean going to Black Mountain’s website and using their public comment form.

We do not want you to have to go there.

So we have built a simple form where you can write your own comment, or use the draft provided as a starting point.

With your consent, Seed will upload your comment through the official public comment process on your behalf.

By submitting your comment your acknowledging that:
- a request may be made under the Freedom of Information Act 1982 (FOI Act) for access to my submission, including if it is marked confidential. Such requests will be determined in accordance with provisions of the FOI Act
- if I provide personal information about an individual other than myself, I must make that person aware of the privacy notice in this form and draw their attention to the department’s privacy policy
- in lodging a submission, I warrant that to the best of my knowledge, I have not infringed any third-party Intellectual Property Rights.

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I am writing to oppose the Valhalla Gas Exploration and Appraisal Program. I do not believe this project should proceed.

National Heritage is not just about protecting beautiful landscapes. It's about protecting culture, Country, songlines, water, communities, non-human kin, and people's ability to remain on, connected to, and caring for Country.

The West Kimberley is listed as a National Heritage place, with mob living on and caring for Country since time immemorial. This means the the tangible and intangible cultural heritage values of the Kimberley cannot be reduced to scenery or a few selected sites.

The fact that this project has been declared a controlled action under the EPBC Act shows the risks are nationally significant. The controlling provisions for this project include National Heritage values, listed threatened species, listed migratory species, and unconventional gas development impacts on water resources.

1. The assessment must look beyond the drill pad footprint 
Country is connected through land, water, groundwater and songlines. The risks cannot be assessed as if each well pad is isolated.

The Minister should not accept a narrow assessment, because cultural values extend across water, songlines, Native Title boundaries, ground water systems and species habitat.

2. Water is a part of cultural heritage
If groundwater systems, creeks or rivers are put at risk, then cultural heritage is also put at risk.

DCCEEW’s own Statement Of Reason shows that water is central to the National Heritage risk. It recognises that the project could affect cultural heritage indirectly through water quality, groundwater extraction and connections between the project area, Mount Hardman Creek and the Martuwarra river system. This is why water cannot be treated as just a technical groundwater issue, it is part of cultural heritage.

3. Flood, heat, climate risk and emissions must be taken seriously
The 2022/2023 Kimberley floods showed that climate impacts are not some far away issue in the Kimberley. Communities were cut off, the Kimberley was split in two, infrastructure was damaged, and the recovery has been long.

It is unacceptable to assess the risks of fracking without fully accounting for extreme weather and flood realities, especially where the project involves wastewater, chemicals, storage ponds and sumps. The IESC raised concern that overtopping of waste storage and sump ponds could contaminate shallow groundwater and surface water. This is why extreme rainfall and flood risk need to be central to the assessment.

Heat must also be considered. Cultural Heritage is not protected if people are made less able to safely live on, access and care for Country. If Country becomes too hot, too flood prone, too polluted or damaged by gas development, cultural connection is harmed too.

Greenhouse gas emissions should not be dismissed. The WA EPA recognises that this project would create greenhouse gas emissions. Emissions that our communities cannot afford. Climate change will affect water, temperatures, flooding, health, community safety and people’s ability to remain connected to and care for Country

4. Traditional Owners, Native Title holders and connected communities must be properly engaged
The project should not go ahead if Traditional Owners, Native Title holders and communities connected to the wider Martuwarra (Fitzroy) River system have not been properly engaged through free prior and informed consent.

DCCEEW’s own Statement Of Reason says consultation appears “limited solely
to the traditional owner groups directly impacted by the proposed action within the
development envelope and does not extend to those who may be potentially indirectly impacted”

Consultation must include those directly and indirectly affected.

5. Two billion litres of groundwater is not a small amount
Black Mountain proposes to pump up to 100 megalitres of groundwater per well, that means up to 2 billion litres across the proposal.

Two billion litres of groundwater is not a small amount, especially where water is so culturally significant.

Black Mountain says the groundwater drawdown will be small and localised. But that conclusion relies heavily on modelling. The IESC found that Preliminary Documentation, baseline data, model outputs and proponent conclusions were not sufficient to assess the project's potential impacts on surface water and groundwater.

Water is a part of cultural heritage. If water, groundwater systems, creeks or rivers are put at risk then cultural heritage is also put at risk.

The Minister should not rely on uncertain modelling to conclude that water, Country and cultural heritage will be protected.

6. Health Risks should not be assessed so narrowly 
Black Mountain’s Human Health Risk Assessment identifies potential health risks from airborne chemicals, chemicals used in drilling, flowback water, storage and handling of fracking fluids, storage and disposal of wastewater.

The same assessment recognises that communities practice culture, hunt, gather traditional foods, hold initiations, educate, swim and fish in the same area.

By treating Traditional Owners and community members “using” Country as “non fixed receptors” the assessment creates a narrow frame, because people's relationship with Country is not occasional or random. Health risks should consider how people connect with and live on Country.

7. The Preliminary Documentation does not meet the required standard
DCCEEW asked for additional information so the Minister could make a decision under the EPBC Act. It is clear that the Preliminary Documentation does not provide enough reliable information to support approval.

If this project is approved, it risks opening the door for wider gas expansion across the Kimberley, worsening the climate crisis and the impacts already being felt by communities right across this country.

For the reasons outlined above, I do not believe that Preliminary Documentation demonstrates that National Heritage values, Cultural Heritage, water resources, health, communities, threatened species or Country can be protected.

Minister Watt and the Federal Government I urge you to reject the Valhalla project.

Send me email updates I understand my comment, name and contact details will be provided to Bennett Resources / Black Mountain Energy and DCCEEW as part of the formal EPBC assessment process, and that my comment may be subject to access requests I consent to Seed submitting my public comment on the Valhalla Gas Exploration and Appraisal Program, EPBC 2024/10006, on my behalf through Black Mountain Energy / Bennett Resources’ public comment form