A year and a half ago, WA’s domestic gas policy was being lauded as the solution to the eastern states' energy woes.
Now, a parliamentary inquiry has found it is no longer fit for purpose and suggested government intervention may be necessary to prevent shortfalls that "threaten thousands of WA jobs [and] jeopardise billions of dollars’ worth of economic activity".
During the energy crisis in the eastern states in 2022, the policy was hailed as a masterstroke by helping keep supplies high and prices low.
But there have been warnings of parallels between WA and the eastern states recently as prices have risen in the West as well, prompting calls for a rethink.
The inquiry's interim report, tabled in state parliament this morning, says the current policy is unlikely to mitigate gas shortfalls, which it warns could threaten thousands of jobs and jeopardise billions of dollars of economic activity.
Chair of the committee conducting the inquiry, Peter Tinley, said gas producers were providing, on average, 8 per cent of their gas reserves to the domestic market – about half of what they were required to.
He said there was no evidence there would not be enough gas to keep the lights on in coming years, but that shortages could affect industries like fertiliser production that relied on natural gas.
"There is a choice here. The industry can lead itself out of this and help the people of Western Australia, or the government can step in and use a range of things, which include potentially legislation," Mr Tinley told ABC Radio Perth.
"There are other methods that they can use and it’s not up to me to say which one’s better over another."
He said part of the issue was the "policy" was not enshrined in one place, but in different state agreements for individual projects – ranging from the Pluto LNG development in 2006 when "everybody was sort of making it up", to more modern forms.
The committees's report found that had led to a lack of consistency, transparency and accountability with "considerable variation" between producers, resulting in some acting "seemingly without regard to either the spirit of the … policy or their social contract with the Western Australian community".
Mr Tinley later told parliament a common problem across the agreements was the requirement for the 15 per cent of reserved gas to be offered to the WA market was made in "good faith".
"How hard did they try? Who's checking on their methodology for their marketing and who is holding the compliance stick, if you like, to ensure they are doing it in good faith?" he said.
'Not an acceptable state of affairs'
There was "significant evidence", Mr Tinley said, of "various potential buyers of gas who wanted to do a contract but couldn't get the terms" they wanted.
"There needs to be a separate process by which that is tested and some way in finding that those people that are really quite frankly not living by the spirit of the policy and actually being a little bit too tricky," he said.
Fellow Labor MP David Scaife was more pointed in his criticisms of some gas producers who he said were not honouring their commitments.
"Some are doing so by relying on the ambiguous language to enshrine the policy in the various piecemeal agreements," he told parliament.
"Some are doing so by relying on the limited enforcement options available to the state, and some are doing so simply because the profits to be made from LNG exports justify the risk of suffering the costs of non-compliance.
"That is not an acceptable state of affairs."
Mr Tinley said it was not right to name which projects were not complying with the policy currently, but that they likely would be identified in a final report currently slated to be published in May.
He said it was for the government to decide the most appropriate next step, but that it could include updating existing state agreements, or introducing legislation to standardise elements like transparency and enforcement.
The government has also been considering lifting a ban on onshore gas being exported, after some companies warned their projects would not be viable without selling to the international market.
The inquiry's report found there was "competing evidence" on the topic and that "it is not clear whether this action alone would provide a timely remedy to the forecast gas shortfall".
Mr Scaife said while he wanted to be seen as a "friend of industry" they should not expect immunity from regulatory change.
"WA's gas industry has the smarts and the guts to solve this problem without government intervention," he told parliament, encouraging the sector to act quickly.
Woodside defends contribution
In a statement, Woodside said it "always has and will" support the needs of the WA market.
"Woodside is engaging constructively with the Cook government to ensure the WA domestic gas reservation policy continues to support energy security and confidence to invest in new supply," a spokesperson said.
"Pluto is delivering gas to WA customers today and has plans to increase this.
"This is in addition to the contribution made from the North West Shelf, Wheatstone and Macedon projects."
Woodside's executive vice president of marketing and trading, Mark Abbotsford, had told the inquiry 38 per cent of the LNG produced by the company had been supplied to the WA market.
Environmental group Environs Kimberley said the lack of transparency around the policy was hampering the transition to renewable energy.
"The Cook government needs to get off its gas obsession and pull these companies into line, instead of giving them free rein to profiteer from international gas price hikes and push a narrative that WA is running out of gas if we don't open new fields," Environs Kimberley director of strategy Martin Pritchard said in a statement.
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