Home›Questions on Notice›QoN 186

❓ A parliamentary question regarding potential legal and financial ramifications of a fracking ban in the Kimberley region, which was ultimately unanswered due to Standing Order 105.

AnsweredQoN 186Legislative Council

Asked

22 May 2025

Member

Hon Dr Brad Pettitt

Portfolio

Premier

QuestionView source ↗

I refer to comments made by the Premier, as reported in the Broome Advertiser on 3 February 2025, where it was said that there could be legal consequences for the State if fracking was banned across the Kimberley, and I ask: (a) what are the legal consequences the Premier is referring to in his statements as reported in the article; (b) which legislation gives rise to the potential legal consequences; (c) is there a legal obligation on the State to compensate oil and gas exploration companies if a ban on fracking was implemented in the Kimberley; (d) if yes to (c), which law or laws would oblige the Government to compensate companies for such a ban; (e) in reference to (c), has the Government sought legal advice on whether compensation is required; (f) if yes to (e), on what day did the Government seek the advice, who did it seek advice from and when did it receive the advice; (g) has the Premier sought legal advice on any other possible legal consequences of a ban on fracking in the Kimberley; (h) if yes to (g), when was the advice sought and when did the Premier receive the advice on the other possible legal consequences; (i) did the Government pay compensation to oil and gas exploration companies when the fracking ban was applied to the Southwest, Peel, Perth Metropolitan and Dampier Peninsula areas; (j) if yes to (i): (i) how much did the government pay; (ii) to which companies; and (iii) under what legislation was the Government obliged to pay the compensation; (k) in reference to (i), which petroleum exploration companies were affected by the ban; and (l) what were the legal consequences, if any, to the Western Australian Government when it implemented a ban on fracking in the Southwest, Peel, Perth Metropolitan and Dampier Peninsula areas?