Action item 14.24
Progress
Complete.
Approved by decision makers.
Recommendation implemented.
That prior to the granting of any further production approvals, merits review be available in relation to decisions under the Petroleum Act and Petroleum Environment Regulations including, but not limited to, decisions made in relation to the granting of all Environment Management Plans.
That, at a minimum, the following third parties have standing to seek merits review:
- proponents (that is, gas companies) seeking a permit, approval, application, licence or permission to engage in onshore shale gas activity;
- persons who are directly or indirectly affected by the decision;
- members of an organised environmental, community or industry group;
- Aboriginal Land Councils;
- Registered Native Title Prescribed Body Corporate and registered claimants under the Native Title Act;
- local government bodies; and
- persons who have made a genuine and valid objection during any assessment or approval process.
That an independent body, such as NTCAT, be given jurisdiction to hear merits review proceedings in relation to any onshore shale gas industry.
Completed
Department of Industry, Tourism and Trade
Action item update
Implementation
The Petroleum Legislation Amendment Bill 2022 was introduced in the Legislative Assembly on 12 October 2022, passed on 1 December 2022 and assented to on 16 December 2022. Refer to Special Gazette S64 published on 19 December 2022 on the Northern Territory Government website. Amendments to the Petroleum Act 1984 and Petroleum (Environment) Regulations (2016) will provide significantly expanded opportunities for merits review to meet this recommendation.
The Bill identifies how and when third parties can seek merits review and lists the key decisions which can be challenged. These key decisions being decisions to release specified blocks of land for exploration, decisions to grant a petroleum exploration permit, and the approval of all environment management plans.
The Bill establishes the Northern Territory Civil Administration Tribunal (NTCAT) as an independent decision maker who can reconsider key decisions made by the Resources Minister and the Environment Minister, as well as other decisions made by authorised inspectors and agency CEOs.