Traditional Owners have raised serious concerns about a proposal to frack Western Australia's Kimberley region.

Earlier this month, days after the federal Department of Climate Change, Energy, Environment and Water received close to 3000 submissions opposing a Texan company's proposal to frack the region - Project Valhalla - the WA Environmental Protection Authority released the proposal for eight weeks' public comment.

Environmentalists say the proposal would open the possibility of the Kimberley becoming a "Texan style oil and gas field" with thousands of wells drilled and fracked over coming decades, noting that fossil fuel companies have compared the Kimberley's Canning Basin to US onshore oil and gas fields like the Eagle Ford basin which had zero wells in 2008 but now has 27,000 oil and gas wells.

The project is proposed by Black Mountain Energy subsidiary Bennett Resources Ltd, owned by Texan billionaire Rhett Bennett.

Kimberley Land Council chief executive Tyronne Garstone told National Indigenous Times this week the KLC "firmly upholds the principle of free, prior, and informed consent for all Traditional Owners".

"It is crucial that each Traditional Owner group retains the authority to make decisions regarding activities, such as fracking, that impact their Country," he said.

"No project that affects people's Country and their native title rights and interests should proceed without the explicit consent of the Traditional Owners."

Mr Garstone said that the Land Council has "significant concerns due to the Valhalla project's proximity to the West Kimberley National Heritage listed area".

"The potential impacts of fracking, coupled with the interconnection of surface water and groundwater in this region, pose a serious risk of significant harm to the cultural and environmental values that are nationally recognised within the West Kimberley," he said.

"The KLC urged the project proponent to extend their consultations to include all native title groups who may be affected by the proposed fracking program, not just those whose Country is covered by their licences. This consultation is necessary to reflect the cultural and environmental significance of the values in the area and the likely impacts of project activities beyond licence boundaries."

Mr Garstone said the land council's concerns are further compounded by the fact that neither the Western Australian Government nor the proponent has sought the Kimberley Land Council's input on the proposed Valhalla fracking program.

"The KLC expects that any fracking proposals undergo the most rigorous environmental assessments to safeguard the integrity of our region and its heritage. The KLC also questions the fairness of a decision that allows fracking in some parts of Western Australia and not others. The WA government should treat all Western Australians equitably no matter where they live," he said.

On January 5, 2023, the Australian Securities & Investments Commission (ASIC) announced it had taken action for "greenwashing" against Black Mountain regarding claims the company had made about Project Valhalla.

ASIC said at the time that BME paid $39,960 to comply with three infringement notices issued by ASIC in relation to concerns about "alleged false or misleading sustainability-related statements" made to the Australian Securities Exchange (ASX) between 23 December 2021 and 8 September 2022.

ASIC Deputy Chair Sarah Court said ASIC issued eight infringement notices for alleged greenwashing in 2022 and has started the year with further action against a listed company.

"ASIC will continue to closely monitor sustainability claims and take action where we consider representations cannot be substantiated or are factually incorrect," she said.

The infringement notices were issued in relation to statements contained in three ASX announcements made by BME which claimed that: BME was creating a natural gas development project with "net-zero carbon emissions"; and the greenhouse gas emissions associated with Project Valhalla would be net zero.

ASIC said it was concerned that BME either did not have a reasonable basis to make the representations, or that the representations were factually incorrect.

BME paid the infringement notices on 3 January 2023. ASIC noted at the time that payment of an infringement notice is not necessarily an admission of guilt or liability.

The Conservation Council of WA, Environs Kimberley, Seed, and Lock the Gate have, in a joint statement, called on the WA government to ban fracking in the Kimberley as it has done in the Southwest, Peel, Perth and Dampier Peninsula areas of WA "so that water isn't polluted by carcinogenic chemicals, landscapes aren't destroyed, tourism isn't damaged and vast amounts of carbon pollution is averted".

Seed Indigenous Youth Climate Network national director Angel Owen said "First Nations young people and communities in the Kimberley are extremely concerned about the impacts that extractive industries will have on country, climate and culture both in WA and across the country".

"The Cook government must ban fracking in the Kimberley to protect country and make progress to consult communities on caring for country, as mob have been caring for country for tens of thousands of years. Our communities will not be sacrifice zones for the sake of fossil fuel greed," she said.

Environs Kimberley director of strategy Martin Pritchard said the WA government "banned fracking in the Southwest, Peel, Perth and Dampier Peninsula areas of WA but … has not explained why the Kimberley, a global icon, can be sacrificed to fracking".

The groups said Black Mountain has concept plans for a gas pipeline to the Pilbara, which will require thousands of oil and gas wells to provide finance, each requiring 100 million litres of water and tonnes of poisonous chemicals at extreme pressures to shatter rocks to release fossil fuels.

A WA government spokesperson told National Indigenous Times Western Australia lifted its moratorium on fracking in 2018 based on advice from an independent commission led by EPA chair Tom Hatton.

"That advice noted the risks fracking presented to people and the environment were low," the spokesperson claimed.

"Fracking is still not allowed in 98 per cent of the state, and in areas where it is allowed, farmers, landholders and Traditional Owners have the right to refuse projects before they go ahead."

Asked what legislation provides farmers, landholders and Traditional Owners this right of veto, the spokesperson said advice from the WA Department of Energy, Mines, Industry Regulation and Safety is there are several legislative amendments to strengthen the regulatory framework for hydraulic fracturing in WA.

"Among those amendments is the introduction of a requirement that Traditional Owners and private landowners must provide consent before hydraulic fracturing is permitted. This position is consistent with several statements made by Government Ministers since 2018, as well as policy decisions developed in response to the Independent Scientific Panel Inquiry into Hydraulic Fracture Stimulation in Western Australia," they said.

"The EPA is assessing Black Mountain Valley's Valhalla project, which has also been referred to the Commonwealth Environment Minister. It would be inappropriate for the Environment Minister to comment on that proposal given he will ultimately decide whether to approve it."

National Indigenous Times has contacted Black Mountain for comment.