An influential environment group has mounted further legal action against the NT government in its bid to stop a US oil and gas company from fracking in the Beetaloo Basin a week after the NT Supreme Court rejected a similar challenge.

Environment Centre Northern Territory (ECNT) filed an urgent application in the NT Civil and Administrative Tribunal this week urging it to pause the NT government’s approval of Tamboran Resource’s fracking project until the court makes a final decision on whether it poses “unacceptable” risks to water. 

In August, ECNT asked the tribunal to review former Labor environment minister Lauren Moss’s decision to approve Tamboran’s environment management plan (EMP) to drill more than a dozen exploratory wells, using laws never tested before. 

Tamboran Resources has been exploring the gas-rich Beetaloo Basin, about 500 kilometres south-east of Darwin, since the NT government approved a full-scale fracking industry last year.

That was despite warnings from climate scientists, environmental groups, and some traditional owners.

The US gas company has the biggest stake in the Beetaloo Basin and has promised 10 per cent of fracking royalties to the Northern Territory.

ECNT argues the minister did not adequately assess contamination risks to surface water and aquifers, nor the risks of wastewater and other waste materials. 

ECNT says it reached out to Tamboran at the end of August requesting its exploratory drilling be delayed until the tribunal makes a final decision.

However, just a few days after their request, Tamboran reported it had commenced work.

Legal test

Stephanie Griffin, a climate campaigner at ECNT, said the challenge is the first of its kind under “third party merit review provision” laws enacted in 2022 which were a recommendation of the Scientific Inquiry into Hydraulic Fracturing.

“This merits review challenge … is actually an unprecedented legal proceeding that’s never been done before [and] in a completely novel legal setting,” she said.

“These provisions allow third parties like the Environment Centre to challenge some of the decisions that are made by a minister … including Environment Management Plan approvals.

In April the former NT Labor government signed a deal with Tamboran to buy some of the gas it extracts from the Beetaloo Basin, starting from 2026, while a significant portion will be exported overseas.

Questioning minister’s oversight

Last week, the NT Supreme Court rejected a separate bid by the Central Australian Frack Free Alliance which had also argued Ms Moss failed to adequately consider the environmental impacts of the project.

A spokesman for Tamboran said its Environment Management Plan was approved under “rigorous evaluation and assessment” by both the NT Environment Protection Authority and by Ms Moss. 

“Tamboran takes the protection of the environment and water extremely seriously and remains committed to following the Northern Territory’s environmental regulations,” the spokesman said.

“Tamboran has successfully drilled four wells across our operated Beetaloo Basin acreage and we will continue to undertake our operations in an environmentally-safe and low impact manner.”

While Tamboran has won approval for additional exploratory wells, it still needs further approvals before it moves to full production and can sell its gas.

NT Energy Minister Gerard Maley did not directly respond to questions from the ABC over whether the government is concerned about continued opposition to the fracking industry, but said he supports its development.