Insights / November 8th, 2018

Definitely no more fracking in the south east

The Petroleum and Geothermal Energy (Ban on Hydraulic Fracturing) Amendment Act 2018 (Act) was a private members bill, which formalises a moratorium on hydraulic fracturing (better known as fracking) in the south east of South Australia by amending the Petroleum and Geothermal Energy Act 2000. The moratorium was introduced by way of policy following an election promise by the liberal opposition to concerned stakeholders in the south east ahead of the state election earlier this year.

The Act gained assent on 1 November 2018 and came into force on that date.

The area affected by the fracking ban is comprised of the following council areas:

  • the City of Mount Gambier

  • the District Council of Grant

  • the Kingston District Council

  • the Naracoorte Lucindale Council

  • the District Council of Robe

  • the Tatiara District Council

  • the Wattle Range Council

The moratorium will last for 10 years from the commencement of the amendment. During this time, the Minister for Mineral Resources and Energy (Minister) will be unable to grant a licence for fracking, and any condition of a licence (current or future) that authorises the carrying out of fracking will be taken to be void and of no effect.

There is no compensation payable by the Crown, the Minister or any other person in connection with the operation of the moratorium.

If you have any questions in relation to the operation of the moratorium, please contact Richard Beissel or Susan Robertson.

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