The Federal Court has invalidated Woodside Energy’s approval to conduct seismic blasting for its Scarborough Gas Project after a legal challenge by a Traditional Custodian.
Mardudhunera woman Raelene Cooper filed a judicial review in August, arguing the offshore regulator NOPSEMA made a legal error in approving the blasting and that Woodside had not met a condition of the approval that she be properly consulted.
The project, part of Woodside’s Burrup Hub, is offshore of the Burrup Penninsula in north-west Western Australia, known as Murujuga.
Ms Cooper is deeply concerned about the seismic activity’s impact on her Songlines, including on whales and turtles, which are of high cultural importance.
On September 14th Justice Colvin granted an urgent interlocutory injunction preventing Woodside from commencing blasting until the 28th of September, after Woodside gave 48 hours’ notice it was going ahead despite the unresolved legal challenge.
Represented by the Environmental Defenders Office, Ms Cooper returned to the Federal Court in Perth on Tuesday for an expedited hearing on the first ground of her case – that NOPSEMA had made a legal error in accepting Woodside’s plan when it was not satisfied it had met stakeholder consultation requirements – as well as an issue of legal standing around the second ground of the judicial review.
Today, Justice Colvin decided that NOPSEMA’s decision to approve the plan was invalid and should be set aside.
Environmental Defenders Office Managing Lawyer Brendan Dobbie said it affirmed the need for proper consultation to take place before approvals are granted in offshore developments.
“NOPSEMA should never have accepted Woodside Energy’s Environment Plan, knowing these requirements had not yet been met.”
NOPSEMA said in a statement that it is reviewing the reasons for the decision to ensure future regulatory actions are in accordance with the decision.
“NOPSEMA recognises the important role that First Nations people have in giving input to, and participating in, the protection of the environment and cultural heritage.
The regulator said it was not reasonably satisfied that all environmental risks and impacts had been identified and therefore the Scarborough seismic environment plan could not be accepted without applying conditions.
“The Authority took a decision to seek advice to support the delegate proceeding to make a decision given potential ambiguity in the reading of the environment regulations.
“NOPSEMA provided procedural fairness to Woodside by enabling a review of the draft conditions prior to the decision being issued. This was in accordance with administrative law requirements. Woodside did not seek a review of the grounds of acceptance with conditions.”
The project
Woodside’s proposal included seismic blasting for the Scarborough Gas Project – a for-export LNG proposal off Murujuga/the Burrup Peninsula in Western Australia.
The proposed Scarborough Gas Project is part of the Burrup Hub, involving the development of the new Scarborough and Browse Basin gas fields. The Burrup Hub also includes the Pluto Project processing plant and other linked liquified natural gas (LNG) and fertiliser plants on the Burrup Peninsula.
This area of north-west Pilbara is a deeply sacred place that contains the largest and most dense collection of Aboriginal rock art in the world, totalling more than one million images. This area is currently nominated for a UNESCO world heritage listing.
The full judgement can be accessed here.
