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Journal of Australian Energy Producers
RESEARCH ARTICLE

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

Tina Hunter
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University of Queensland

The APPEA Journal 54(1) 83-90 https://doi.org/10.1071/AJ13011
Published: 2014

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.

Dr Tina Hunter is the inaugural director of the Centre for International Minerals and Energy Law. She teaches and researches in the areas of national and international petroleum law, mining law, property law and administrative law. Tina has received academic qualifications in marine sediments, geology, political science, applied information and research science, and law. In addition to teaching at the University of Queensland (UQ), Tina has previous or ongoing teaching appointments in Norway, the UK and Russia. She has been a visiting scholar at the University of Bergen, Norway, and will be a visiting scholar at the University of Aberdeen from January to March 2014. Her expertise has been sought by a number of Australian and international governments regarding the regulation of petroleum activities. Tina has analysed petroleum laws in numerous jurisdictions, and drafted legislation for several governments. She has also consulted to governments, industry groups and NGOs in both Australian and international jurisdictions. Tina is presently a member of the South Australian Roundtable for Unconventional Gas Projects, and the working group for the Queensland Modernising Queensland Resources Acts Program. When not teaching at UQ, Tina undertakes research in the UK, Russia, Norway, the US and Canada.

t.hunter@law.uq.edu.au