{"id":"petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017","name":"Petroleum, Geothermal Energy and Greenhouse Gas Storage (Hydraulic Fracturing) Regulations 2017","slug":"petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":462396,"registerId":"wa-petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017-current","compilationNumber":null,"startDate":"2026-05-27","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1.Citation\n\nThese regulations are the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Hydraulic Fracturing) Regulations 2017.\n\n[Regulation 1 amended: SL 2026/82 r. 12.]\n\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"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","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Terms used","content":"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 3 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; SL 2026/82 r. 13.]\n\n","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Existing petroleum authority area","content":"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","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Prohibition on hydraulic fracturing in certain areas of the State","content":"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","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Moratorium on hydraulic fracturing in other areas of the State","content":"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\n \n\n","sortOrder":5},{"sectionNumber":"Sch Schedule 1","sectionType":"schedule","heading":"Dampier Peninsula hydraulic fracturing ban area","content":"Schedule 1 — Dampier Peninsula hydraulic fracturing ban area\n\n[r. 3]\n\n[Heading inserted: Gazette 6 Sep 2019 p. 3200.]\n\n","sortOrder":6},{"sectionNumber":"Div 1","sectionType":"division","heading":"Description of area","content":"Division 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\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"Map of area (for information purposes only)","content":"Division 2 — Map of area (for information purposes only)\n\n[Heading inserted: Gazette 6 Sep 2019 p. 3201.]\n\n![](03000002.png?OpenElement \"\")\n\n[Division 2 inserted: Gazette 6 Sep 2019 p. 3201.]\n\n","sortOrder":8},{"sectionNumber":"Sch Schedule 2","sectionType":"schedule","heading":"Map of iconic natural heritage places (for information purposes only)","content":"Schedule 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![](03000003.png?OpenElement \"\")\n\n[Schedule 2 inserted: SL 2021/167 r. 6.]\n\n![dline](03000004.png?OpenElement \"dline\")\n\n \n\nNotes\n\nThis is a compilation of the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Hydraulic Fracturing) Regulations 2017 and includes amendments made by other written laws. 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 1 | 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| Mines and Petroleum Regulations Amendment Regulations 2026 Pt. 4 | SL 2026/82 27 May 2026 | 28 May 2026 (see r. 2(b) and SL 2026/70 cl. 2) |\n|  |  |  |\n\nOther notes\n\n1Now known as the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Hydraulic Fracturing) Regulations 2017; citation changed (see note under r. 1).\n\n \n\n \n\nDefined terms\n\n \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\nDefined termProvision(s)\n\nDampier Peninsula hydraulic fracturing ban area3\n\nexisting petroleum authority area3, 3A(1)\n\nhydraulic fracturing3\n\niconic natural heritage place3\n\nmetropolitan region3\n\nmoratorium area3\n\nmoratorium period3\n\nPeel region3\n\npetroleum authority3\n\npublic drinking water source area3\n\nSouth West region3\n\nWest Kimberley National Heritage place3\n\n \n\n \n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ANDREW JONES, Government Printer","sortOrder":9}],"analysis":{"flash_summary":{"_sourceCoverage":{"mode":"whole_source","sourceChars":9605,"sourceSha256":"bcd4784faf9ac0f2f1ff628f7787dd2cb70b02fc13d574999028f74617dc0d26","suppliedChars":9605},"complexity_score":5,"scope_assessment":{"changed":false,"description":"The compilation shows amendments that alter the geographic reach and operation of the restrictions, including the continuous-authority exclusion in regulation 3A and the iconic natural heritage place restriction in regulation 4(h). However, the supplied text does not establish that the regulations have grown significantly beyond their apparent purpose of restricting hydraulic fracturing. This is general legal information, not legal advice; Zoe can make mistakes, and a qualified Australian lawyer should check it before you act on or rely on it."},"complexity_factors":["Regulation 3 contains multiple defined terms that determine which areas are covered.","The definition of an existing petroleum authority area in regulation 3A depends on authority status on 26 November 2018, continuous authority coverage since that date, and a current authority.","Regulation 5 applies the moratorium only to areas not covered by regulation 4 or classified as existing petroleum authority areas.","Coverage depends on external statutory definitions, including those for regions, national parks and public drinking water source areas.","Schedule 1 defines the Dampier Peninsula ban area through geographic coordinates and a coastline boundary; Schedule 2 provides an information-only map for iconic natural heritage places."],"plain_english_summary":"These Western Australian regulations prohibit hydraulic fracturing by petroleum operators in specified areas, including the metropolitan, Peel and South West regions, certain protected areas, and places near public drinking water sources. Elsewhere, regulation 5 imposes a moratorium, but excludes areas with a petroleum authority that has remained continuously in force since 26 November 2018. Breaching either prohibition can attract a fine of $10,000 for each day the offence occurs."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017","history":"/api/acts/petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017/history","analysis":"/api/acts/petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017/analysis","conflicts":"/api/acts/petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017/conflicts","importantCases":"/api/acts/petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017/important-cases","documents":"/api/acts/petroleum-geothermal-energy-and-greenhouse-gas-storage-hydraulic-fracturing-regulations-2017/documents"}}