The legal challenge was initiated by Raelene Cooper, an elder of the Mardudhunera tribe, who argued that Nopsema had misused its powers when granting the environmental plan for the seismic survey in the Pilbara region. The issue arose because Nopsema included a condition that required Woodside to engage in further consultation with representatives of Aboriginal and Torres Strait Islander organizations prior to commencing the survey.
Justice Craig Colvin sided with Cooper, stating that regulations clearly dictate that consultations must be completed before submitting the environmental plan to the regulator.
This ruling marks another setback for Australian companies aiming to exploit significant reserves of natural gas located in culturally important waters for indigenous communities.
Last year, Santos encountered a major setback when a judge overturned Nopsema’s approval of the company’s environmental plan for gas drilling in the Barossa gas field, situated approximately 85 miles off the coast of the Tiwi Islands near Darwin. Dennis Tipakalippa, an indigenous leader from the islands, initiated the legal challenge, arguing that Santos had failed to adequately consult his clan regarding the potential impacts of the drilling.
These recent developments highlight the mounting challenges faced by major Australian companies as they pursue natural-gas development projects in waters that hold great cultural significance for indigenous groups.
Woodside to Conduct Seismic Survey for Scarborough Natural-Gas Development
Woodside, a Perth-based company, plans to carry out a seismic survey as part of its Scarborough natural-gas development project. The goal is to produce natural gas off the Western Australia coast and transport it to the Pluto facility, where it will be converted into liquefied natural gas for export.
At present, the Scarborough project is reported to be 38% complete, with Woodside aiming to export its first LNG cargo by 2026.
The spokesperson emphasized that the court’s decision did not criticize any actions taken by Woodside. The company has spent significant time and effort consulting on their environmental plans, aiming to meet regulatory requirements and standards regarding environmental management and consultation.
Woodside continues to engage with relevant stakeholders regarding the planning of the seismic survey and other environmental aspects of their projects.
Nopsema recognizes the vital role played by First Nations people in providing input and participating in the protection of the environment and cultural heritage. The spokesperson for Nopsema stated that the regulator was not adequately convinced that all environmental risks and impacts had been identified, leading to the requirement of applying conditions before accepting the Scarborough seismic environment plan.
