A recommendation from Western Australia's environmental regulator to greenlight plans to frack the Kimberley has ignited a fierce community backlash, with a record number of appeals being lodged.

Last month, the WA EPA recommended that the Valhalla plan – developed by Texas-based Black Mountain Energy - to frack 20 wells in the Canning Basin in the Kimberley could proceed, leaving the final decision to the state's environment minister, Matthew Swinbourn.

But earlier this week, as today's closing date for appeals to be lodged approached, a note added to the WA government's website hinted at the level of opposition.

"Our office has received an unprecedented number of appeals relating to EPA Report 1800 – Valhalla Gas Exploration and Appraisal Program," read the statement posted on Monday.

"With the appeal period closing on 10 February 2026, the Appeals Convenor advises that while our team will be working as efficiently as possible to progress all matters, the significant volume of appeals may result in delays in responding within our usual timeframes."

Environs Kimberley executive director Martin Pritchard said the high level of community response reflects what they perceive are the risks posed by the proposal..

"The Kimberley is home to the most pristine tropical savannah woodlands anywhere in the world, spectacular waterfalls and gorges, and wildlife seen nowhere else on earth," Pritchard said. 

"Black Mountain Energy's application to the EPA admits that the chemicals they would pump into the ground can cause severe burns, genetic mutations and organ toxicity to name a few."

Pritchard alleged Black Mountain's project "will destroy [the Kimberley's] unique splendour."

"Thousands of community members are standing up to say the Kimberley is worth protecting," he said.

EPA approval

When issuing its recommendation, the EPA attached strict conditions, including rigorous groundwater protection guidelines and a comprehensive list of other environmental considerations.

EPA chair Darren Walsh said the EPA's assessment was limited to exploration and appraisal and was not intended to produce or process petroleum products, such as natural gas.

He added that if a commercially viable resource were identified and targeted for extraction, the proponent would be required to obtain additional approvals under federal and state legislation and to refer the proposal to the EPA.

Opposition

However, Simone van Hattem, Lock the Gate Alliance's WA campaign coordinator, said the recommendation was out of line with public opinion.

"We're campaigning in six WA electorates and the results from door knocking are very clear — more than 90% of voters want Premier Cook and environment minister Matthew Swinbourn to act urgently to ban fracking in the Kimberley. Fracking is a vote-shifting issue. We don't want to take it to the next election, but if we have to, we will.

"The EPA has failed to do its due diligence in approving Valhalla, so the people of Western Australia have made their voices heard. We trust Minister Swinbourn will hear the evidence that this project cannot go ahead without polluting waterways and damaging the local environment."

The Conservation Council of WA agreed with executive director Matt Roberts, adding that "Thousands of West Australians have taken the opportunity to make their objections to this project loud and clear.

"We've called on the Appeals convenor to recommend the rejection of Valhalla, given the EPA and Black Mountain Energy have not provided evidence there will be no impact to stygofauna, threatened species, groundwater or groundwater-dependent ecosystems, or the Martuwarra Fitzroy River National Heritage area", said Roberts.

Fracking is currently banned in 98% of WA. Still, it is permissible in the Kimberley, a legacy of the 2018 decision to lift the moratorium on fracking, which excluded parts of the Kimberley. However, at the WA Labor Party state conference in November, members present voted to extend the fracking ban across the whole state. 

"It's clear the WA community doesn't want fracking in the Kimberley, and neither does the WA Labor Party, which voted for a statewide ban at its conference late last year. The EPA should never have recommended in favour of this project," said Roberts.

Speaking at the time of the vote, WA premier Roger Cook remained non-committal, saying: "The State Conference is a democratic forum of the Labour Party, so it will make its own decisions," Cook said.

In addition to being considered at the state level, the same project was referred to the federal government's Department of Climate Change, Energy, the Environment and Water (DCCEEW) in December 2024 and remains under assessment. In a decision notice, DCCEEW previously declared "The project will be assessed by preliminary documentation", meaning an environmental impact statement will not be required. The decision will be made based on the dozen documents already submitted. 

The plan

Black Mountain Energy, through its subsidiary Bennett Resources, is seeking approval to hydraulic fracture the wells near Fitzroy Crossing. Each well could require between 40 and 100 million litres of groundwater for multi-stage hydraulic fracturing, with total water use potentially approaching 2 billion litres. 

Most of the disturbance footprint is located within the Yungngora (Noonkanbah) People Native Title determination area, and the remainder is within the Warlangurru People Native Title determination area. The proponent has an Indigenous Land Use Agreement, a Land Access and Use Agreement with the Yungngora people, and a Land Access and Use Agreement with the Warlangurru people.