The owner of a cattle station who is trying to prevent a gas company from fracking his property has taken his fight to the Supreme Court.
Key points:
-
A court granted Sweetpea Petroleum gas company the right to access Tanumbirini station despite opposition from the owner
-
The pastor’s lawyers argue that the measure interferes with the operations of the livestock station
-
The case is the first test of new NT land access laws passed in 2020
Sweetpea Petroleum Gas Company began preparatory work for fracking at Tanumbirini Station in the Beetaloo Basin, which is rich in gas, last month.
Spread over an area twice the size of Tasmania, the basin – 400 kilometers south of Darwin – contains enough shale gas to feed Australia for an estimated 200 years.
A two-day hearing began in Darwin this morning, with lawyers appealing a decision to allow the fracking exploration to continue.
The decision was made by the NT Civil and Administrative Court in May, which granted Sweetpea an access agreement to begin exploration work on the Rallen Australia-owned livestock station.
It allowed Sweetpea to cut a fence at Tanumbirini station and move the machinery to two paddocks on the property, despite opposition from the owners of the livestock station.
Earlier this year, Sweetpea moved heavy earthmoving equipment to Tanumbirini Station. (Facebook: Nurrdalinji Aboriginal Corporation)
Rallen Australia will receive a minimum compensation of $ 15,000 per drilled gas well on the property as part of the agreement.
Tanumbirini station owner and Rallen Australia director Pierre Langenhoven said Sweetpea had shown “flagrant disrespect” in doing exploratory work in the face of opposition from his company.
The station’s owner, Pierre Langenhoven, said the gas company’s preliminary work was causing “havoc.” (ABC News: Hamish Harty)
“Their operations are already wreaking havoc,” Langenhoven said.
“They have cut down our fences, razed the driveways and flaunted their own plans to protect our stock and manage weeds.”
Sweetpea parent company CEO Tamboran Resources said the company was working within the approved terms of the access agreement and had worked closely with all stakeholders.
“Holders of pastoral and exploration leases receive holdings superimposed over the Northern Territory,” said Joel Riddle.
“These landlords have successfully reached agreements in the Northern Territory and Australia for many decades to manage their dual rights to public land and will continue to do so for the mutual benefit of industry, traditional landowners and the environment.” .
Sweetpea Petroleum is one of several gas companies exploring the viability of the Beetaloo sub-basin. (Provided by: Tamboran Resources Limited)
First legal proof of new laws
Lawyers for the livestock station owner said the case would be a test of new land access laws, passed in 2020, to try to balance the interests of the pastoralist and gas industries.
The laws gave the court the power to impose access agreements if the negotiating parties could not reach an agreement.
“We have some serious concerns about the adequacy of the agreement, and therefore the appeal to this court is proving the new process,” said attorney Kathy Merrick.
Lawyers argue that the access agreement imposes lower standards on Sweetpea than the minimum standard protections required by Northern Territory law and does not balance the interests of the livestock station and the gas company.
Pastors say the agreement reached does not strike the right balance of interests. (Supplied: Original Power)
“The oil industries argue they have rights, but their rights are to the minerals underground and my client’s rights are to operate a business without interruptions on the surface,” Merrick said.
“For an explorer to argue that trimming the surface of the terrain to access the assets below does not cause interference is something we face.”
Get the latest rural news
Tamboran Resources CEO Joel Riddle said the rights of competing interests needed to be balanced.
“Rallen’s purchase of pastoral leases came after the lifting of the gas moratorium in the Northern Territory, fully aware of the Northern Territory Government’s desire to develop the Beetaloo Basin,” he said.
This is the first case before the NT Supreme Court to prove access laws passed in 2020. (Che Chorley)
Concern for the long-term future of the livestock station
Langenhoven said he was concerned about the long-term viability of the livestock station if the access agreement is maintained.
“I have no problem with them sharing the land, but I have a problem with them dictating how we can use the land,” he said.
“It’s different if they come to consult us and really understand our business, they understand what it takes to run a livestock business and they sit down and make plans as we can do it together.
“It simply came to our notice then.
“There will be no room for both of them on the properties. I just think the livestock industry will be sacrificed for the gas industry.”