Represented by environmental law specialists EDO NSW, the Mullaley Gas and Pipeline Accord said it made a preliminary discovery application to the state’s Land and Environment Court yesterday.
“Our client is seeking a court order requiring Santos to furnish any data, documentation or other information relevant to potential groundwater contamination on the property near Narrabri,” EDO NSW principal solicitor Sue Higginson said.
Chairman of the Mullaley group and Liverpool Plains region farmer David Quince said this action was a result of the “secrecy employed by Santos and the disinterest shown by the NSW government”.
“We believe there is a case that CSG activity has caused this groundwater pollution incident, however we are missing a few vital pieces of information,” he said.
"We're disappointed that it has come to this. We've been left with no choice because all other avenues of obtaining information have been exhausted, and it is vital that we now get enough information to assess the impact of Santos’ activities on groundwater resources.”
Lock the Gate Alliance provided more background to this case, saying a farmer with land adjoining a Santos-operated CSG site discovered that his household drinking water bore had turned foul in March 2012, with Santos advising him the bore’s water was unfit for “domestic purposes” in April.
“Another bore on the property, closer to the CSG site, has also shown effects of possible contamination,” the protest group said.
“Farmers in the area have been searching for answers ever since and have approached Santos repeatedly to provide all of their water monitoring data in the area, but have received very little information or assistance.”
The Sydney Morning Herald revealed that this grazier, Tony Pickard, ended up installing rainwater tanks to secure drinkable water supply.
“The bores are located one or two kilometres from seven active CSG wells, known as the Dewhurst 8 pilot site, on the neighbouring property,” the newspaper reported.
Quince was further motivated by the uranium-related hit to Santos’ community relations front in March.
"The recent revelations surrounding a separate pollution event, where Santos CSG activities in the nearby Pilliga forest have contaminated groundwater with uranium at levels 20 times drinking water standards, has added to the urgency of our action,” he said.
A Santos spokeswoman told ENP that it continues to have an ongoing dialogue with Pickard both directly and indirectly through the Narrabri Community Consultative Committee.
“Requests for information associated with water testing undertaken by Santos on Mr Pickard’s bore have been provided to him,” Santos said.
“Independent experts have also briefed Mr Pickard and the CCC on the bore results.”
Curiously, the spokeswoman also said Santos was yet to be served by EDO acting on behalf of the Mullaley Gas Pipeline Accord.
She also said Santos was confident its operations had no impact on the quality of Pickard’s bore.
In contrast with some background information provided by Lock the Gate Alliance, Santos said the Memorandum of Understanding signed with the NSW Government did not “fast-track” the Narrabri Gas Project and did not guarantee the project will be approved.
However, the NSW government did commit to providing “whole-of-government coordination for all relevant agencies involved in the decision-making process” as part of the MOU announced in February – which could ultimately save some time.