Unlocking Energy for the Future: Natural Hydrogen Opportunities in Western Australia
12 December 2024
Natural hydrogen presents our country, and Western Australia in particular, with a unique opportunity to lead the world in green energy exports.
While exploration and feasibility work continues, recent changes in the legislation has introduced new types of tenure for exploration of natural hydrogen and other renewables.
What is Natural Hydrogen?
Natural hydrogen, also known as "white" or "gold" hydrogen, is a zero-carbonenergy source created from natural processes and found in underground rock formations.
Key Benefits
No Water Required: Unlike manufactured hydrogen, natural hydrogen doesn’t rely on water for production.
Lower Emissions: Delivers cleaner energy over its lifecycle.
Cost Efficiency: Potentially lower production costs make it a compelling alternative.
Exploration Tenure and Native Title Requirements
Legislative Change:
The provisions in the Petroleum Legislation Amendment Act 2024 (WA), set out a legislative framework to enable exploration for natural hydrogen by amending the Petroleum and Geothermal Energy Resources Act 1967 (WA) (‘PGER Act’), paving the way for zero-carbon energy solutions.
Types of Permits:
Special Prospecting Authority with Acreage Option (SPA-AO): Short-term, non-drilling surveys for initial assessment.
Exploration Permit (EP): Six-year term with renewable extensions, requires progressive work commitments.
Drilling Reservation (DR): Limited term for direct drilling when a viable target is identified.
Native Title Compliance:
The Native Title Act 1993 (Cth) applies to tenure granted under the PGER Act attracting either the Expedited Procedure or the Right to Negotiate.
Native Title Engagement Strategy
Transparent Engagement: Early discussions and education sessions with Traditional Owners which focus on building a clear understanding of the hydrogen exploration process and the specific permits required at each stage. These sessions emphasise the non-invasive, short-term nature of activities under the SPA-AO Permit and highlight key differences between hydrogen and petroleum exploration processes.
Cultural Consideration: Invite cultural input, adjusting work programs to respect heritage areas.
Building Relationships: Long-term, open communication fosters positive relations for future permits and development.
Why choose Mining + Heritage Legal?
Specialised Expertise: Decades of experience in the resource sector, especially in emerging technologies like natural hydrogen.
Cultural and Regulatory Insights: Deep understanding of native title, cultural heritage, and Western Australia’s regulatory landscape.
Positive Relationships with First Nations groups throughout WA: Strong working relationships with Native Title Party’s and their advisors, delivering successful results.
Sustainable Development: Supporting a balance of energy development with environmental and cultural preservation for a sustainable future.
Natural Hydrogen is poised to shape WA’s energy future. We can help pave the way.