{"id":"petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017","name":"Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017","slug":"petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179271,"registerId":"wa-petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017","content":"![Crest]()Western Australia\n\nPetroleum and Geothermal Energy Resources Act 1967\n\nPetroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017\n\nWestern Australia\n\nPetroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n3A. Existing petroleum authority area 3\n\n4. Prohibition on hydraulic fracturing in certain areas of the State 3\n\n5. Moratorium on hydraulic fracturing in other areas of the State 4\n\nSchedule 1 — Dampier Peninsula hydraulic fracturing ban area\n\nDivision 1 — Description of area\n\nDivision 2 — Map of area (for information purposes only)\n\nSchedule 2 — Map of iconic natural heritage places (for information purposes only)\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nPetroleum and Geothermal Energy Resources Act 1967\n\nPetroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017\n\n##### 1. Citation\n\n\t\tThese regulations are the *Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\nIn these regulations —\n\nDampier Peninsula hydraulic fracturing ban area means the area described in Schedule 1 Division 1 (a map of which is included for information purposes in Schedule 1 Division 2);\n\nexisting petroleum authority area has the meaning given in regulation 3A(1);\n\nhydraulic fracturing means the underground petroleum extraction process that involves the injection of fluids under high pressure into low permeability rock to induce fractures for the purpose of increasing the rock’s permeability;\n\niconic natural heritage place means an area (shown for information purposes on the map in Schedule 2) that is —\n\n(a) part of the West Kimberley National Heritage place; and\n\n(b) an existing petroleum authority area on the day on which the *Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Amendment Regulations 2021* regulation 4 commences;\n\nmetropolitan region has the meaning given in the *Planning and Development Act 2005* section 4(1);\n\nmoratorium area means an area of the State that is not —\n\n(a) an existing petroleum authority area; or\n\n(b) an area referred to in regulation 4;\n\nmoratorium period means the period beginning on 9 December 2017 and ending on the day on which regulation 5 is repealed;\n\nPeel region means the region described in the *Planning and Development Act 2005* Schedule 4 item 6;\n\npetroleum authority means an authority under Part III Divisions 2, 2A or 3 of the Act to carry out a petroleum operation;\n\npublic drinking water source area means —\n\n(a) a catchment area or water reserve constituted under the *Country Areas Water Supply Act 1947* section 9(1); or\n\n(b) a catchment area or water reserve constituted under the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* section 13; or\n\n(c) an Underground Water Pollution Control Area constituted under the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* section 57A;\n\nSouth West region means the region described in the *Planning and Development Act 2005* Schedule 4 item 8;\n\nWest Kimberley National Heritage place means the place included in the National Heritage List (as defined in the *Environment Protection and Biodiversity Conservation Act 1999* (Commonwealth) section 324C(1)) by instrument published in the *Commonwealth of Australia Gazette* No. S132 on 31 August 2011.\n\n[Regulation 3 amended: Gazette 6 Sep 2019 p. 3198‑9; SL 2021/167 r. 4.]\n\n##### 3A. Existing petroleum authority area\n\n(1) An area of the State is an existing petroleum authority area if —\n\n(a) there was a petroleum authority in force in respect of the area on 26 November 2018; and\n\n(b) in the period since that day there has always been a petroleum authority in force in respect of the area; and\n\n(c) there is currently a petroleum authority in force in respect of the area.\n\n(2) For the purposes of subregulation (1) it does not matter that different petroleum authorities have been in force in respect of the area at different times.\n\n[Regulation 3A inserted: Gazette 6 Sep 2019 p. 3199.]\n\n##### 4. Prohibition on hydraulic fracturing in certain areas of the State\n\nA person must not, in the course of carrying out a petroleum operation under a petroleum authority, carry out hydraulic fracturing in any of the following areas of the State —\n\n(a) the metropolitan region;\n\n(b) the Peel region;\n\n(c) the South West region;\n\n(d) the Dampier Peninsula hydraulic fracturing ban area;\n\n(e) a national park as defined in the *Conservation and Land Management Act 1984* section 3;\n\n(f) a public drinking water source area;\n\n(g) an area that is within 2 km of a public drinking water source area;\n\n(h) an iconic natural heritage place.\n\nPenalty: a fine of $10 000 for each day on which the offence occurs.\n\n[Regulation 4 amended: Gazette 6 Sep 2019 p. 3199; SL 2021/167 r. 5.]\n\n##### 5. Moratorium on hydraulic fracturing in other areas of the State\n\n[(1) deleted]\n\n(2) During the moratorium period, a person must not, in the course of carrying out a petroleum operation under a petroleum authority, carry out hydraulic fracturing in a moratorium area.\n\nPenalty for this subregulation: a fine of $10 000 for each day on which the offence occurs.\n\n[Regulation 5 amended: Gazette 6 Sep 2019 p. 3200.]\n\nSchedule 1 — Dampier Peninsula hydraulic fracturing ban area\n\n[r. 3]\n\n[Heading inserted: Gazette 6 Sep 2019 p. 3200.]\n\nDivision 1 — Description of area\n\n[Heading inserted: Gazette 6 Sep 2019 p. 3200.]\n\nThe Dampier Peninsula hydraulic fracturing ban area is the area of the State bounded by a line that —\n\n(a) starts at a point that is the intersection of 17°29'55.01\" south latitude and 122°35'04.55\" east longitude;\n\n(b) then continues south along the meridian to the intersection of 17°44'55.02\" south latitude and 122°35'04.56\" east longitude;\n\n(c) then continues west along the parallel to the intersection of 17°44'55.02\" south latitude and 122°25'04.58\" east longitude;\n\n(d) then continues south along the meridian to the intersection of 17°59'55.04\" south latitude and 122°25'04.58\" east longitude;\n\n(e) then continues west along the parallel to the intersecting point on the coastline at mean low water at 17°59'55.04\" south latitude;\n\n(f) then continues along the coastline at mean low water generally westerly, then generally northerly, then generally north easterly, then generally south easterly to the intersecting point at 17°29'54.98\" south latitude;\n\n(g) then continues west along the parallel returning to the starting point.\n\nNote for this Division:\n\nCoordinate references are to Geocentric Datum of Australia 1994 (GDA94) coordinates.\n\n[Division 1 inserted: Gazette 6 Sep 2019 p. 3200.]\n\nDivision 2 — Map of area (for information purposes only)\n\n[Heading inserted: Gazette 6 Sep 2019 p. 3201.]\n\n![]()\n\n[Division 2 inserted: Gazette 6 Sep 2019 p. 3201.]\n\nSchedule 2 — Map of iconic natural heritage places (for information purposes only)\n\n[r. 3]\n\n[Heading inserted: SL 2021/167 r. 6.]\n\n![]()\n\n[Schedule 2 inserted: SL 2021/167 r. 6.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017* | 8 Dec 2017 p. 5848‑9 | r. 1 and 2: 8 Dec 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Dec 2017 (see r. 2(b)) |\n| *Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Amendment Regulations 2019* | 6 Sep 2019 p. 3198‑201 | r. 1 and 2: 6 Sep 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 7 Sep 2019 (see r. 2(b)) |\n| *Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Amendment Regulations 2021* | SL 2021/167   24 Sep 2021 | r. 1 and 2: 24 Sep 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Sep 2021 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nDampier Peninsula hydraulic fracturing ban area 3\n\nexisting petroleum authority area 3, 3A(1)\n\nhydraulic fracturing 3\n\niconic natural heritage place 3\n\nmetropolitan region 3\n\nmoratorium area 3\n\nmoratorium period 3\n\nPeel region 3\n\npetroleum authority 3\n\npublic drinking water source area 3\n\nSouth West region 3\n\nWest Kimberley National Heritage place 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative content was provided. The page returned an error indicating the URL is no longer active. It is impossible to determine whether the regulations expanded or narrowed the scope of their enabling Act without access to the actual text."},"complexity_factors":["The actual legislative text is unavailable — the source page has been removed or relocated","Only the title and a website error message were provided, making substantive analysis impossible","The score of 2 reflects the inherent complexity suggested by the subject matter (technical energy regulation) rather than any analysable content","Hydraulic fracturing regulations typically involve cross-referencing with parent Acts, environmental legislation, and technical standards — which would normally elevate complexity significantly if the text were available"],"plain_english_summary":"These Western Australian regulations set rules for hydraulic fracturing (fracking) in petroleum and geothermal operations, affecting energy companies and stakeholders such as landowners, local communities and environmental groups. They matter because they regulate how fracking is carried out and its environmental safeguards — but the actual text is unavailable here, so consult WA legislation sources for the current details."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations’ scope was altered by later amendments: regulation 3A was inserted (defining “existing petroleum authority area” by continuous authority since 26 Nov 2018), and prohibited areas were expanded (Dampier Peninsula ban area added in Schedule 1; iconic natural heritage places added) with amendments to regs 4–5 (see compilation table and amendment notes). These changes both broaden the set of geographically prohibited sites and narrow the moratorium’s coverage by excluding areas meeting reg 3A’s continuity test."},"complexity_factors":["Geographic specificity and technical coordinates in Schedule 1 to define the Dampier Peninsula ban area (Schedule 1 Division 1).","Negative/exceptional definitions: moratorium area is defined by what it is not (regulation 3), and existing petroleum authority area relies on a temporal continuity test (regulation 3A).","Cross‑references to multiple other statutes for region and water‑supply definitions (Planning and Development Act 2005; Country Areas Water Supply Act 1947; Metropolitan Water Supply, Sewerage, and Drainage Act 1909) (regulation 3).","Interplay of an open‑ended moratorium period (from 9 Dec 2017 until repeal) with specified prohibitions (regulations 4–5).","Enforcement via a daily fine ($10,000 per day) creates continuous compliance exposure for operators (regs 4, 5).","Use of maps in schedules marked “for information purposes only” may complicate boundary certainty in practice (Schedules 1–2 Division 2).","Recent amendments that add and adjust defined areas and exceptions increase interpretive complexity (see compilation table; regs 3A, 4–5 amendments)."],"plain_english_summary":"These regulations ban hydraulic fracturing by petroleum operators in specified sensitive areas and place a moratorium on fracking in other parts of the State. Operators may not frack in metropolitan, Peel and South West regions, the Dampier Peninsula ban area, national parks, public drinking‑water source areas (and within 2 km), and certain West Kimberley heritage places (regs 4–5; Schs 1–2).\n\nA breach attracts a $10,000 per‑day fine payable by the petroleum operator; the moratorium runs from 9 December 2017 until repeal; reg 3A defines which “existing petroleum authority areas” are excluded (regs 3A,5)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2017 regulations established a statewide moratorium on hydraulic fracturing with exceptions only for existing permit areas. The 2019 amendments significantly expanded the scope by adding permanent prohibitions in the Dampier Peninsula and refining the 'existing petroleum authority area' definition. The 2021 amendments further expanded scope by adding 'iconic natural heritage places' as a new prohibited category. The legislation has evolved from a simple temporary freeze into a complex permanent zoning system with multiple protected categories."},"complexity_factors":["11 defined terms in the interpretation section (regulation 3)","Multiple cross-references to other WA Acts (Planning and Development Act 2005, Country Areas Water Supply Act 1947, Metropolitan Water Supply, Sewerage, and Drainage Act 1909, Conservation and Land Management Act 1984)","One cross-reference to Commonwealth legislation (Environment Protection and Biodiversity Conservation Act 1999)","Complex spatial/geographic definitions requiring precise coordinate references (GDA94 datum) for the Dampier Peninsula ban area","Temporal conditions for 'existing petroleum authority area' requiring continuous permit coverage since 26 November 2018","Nested definitions: 'iconic natural heritage place' depends on 'existing petroleum authority area' which has its own multi-part test in regulation 3A","Amendment history showing evolution of scope (2019 and 2021 amendments added new protected areas)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations control where companies can use **hydraulic fracturing** (also known as \"fracking\") — a mining technique where high-pressure fluid is pumped underground to crack rock and release oil or gas.\n\n**Who it affects:**\n- **Mining companies** with permits to explore or extract petroleum in Western Australia\n- **Landowners and communities** in protected areas where fracking is banned\n\n**The key rules:**\n\n**1. Permanent bans in specific areas:**\nCompanies cannot frack in:\n- The **Perth metropolitan area**, **Peel region**, and **South West region**\n- **National parks**\n- **Public drinking water source areas** and land within **2km** of them\n- The **Dampier Peninsula** (a specific area in the Kimberley)\n- **Iconic natural heritage places** in the West Kimberley\n\n**2. Temporary freeze everywhere else:**\n- A **moratorium** (temporary ban) applies to all other areas of WA that don't already have active mining permits\n- This freeze started on **9 December 2017** and continues until the government decides to lift it by repealing the rule\n\n**3. Existing operations are treated differently:**\n- Areas that already had valid mining permits as of **26 November 2018** (and have kept permits continuously since) are exempt from the moratorium\n- This means companies with longstanding operations can continue, but new areas are blocked\n\n**Why it matters:**\nThese regulations represent a significant restriction on the oil and gas industry in WA. They protect populated areas, water supplies, and environmentally sensitive regions from fracking while maintaining a freeze on new operations elsewhere. The rules balance environmental and community concerns with existing industry interests."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017","history":"/api/acts/petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017/history","analysis":"/api/acts/petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017/analysis","conflicts":"/api/acts/petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017/conflicts","importantCases":"/api/acts/petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017/important-cases","documents":"/api/acts/petroleum-and-geothermal-energy-resources-hydraulic-fracturing-regulations-2017/documents"}}