SANTOS V TIPAKALIPPA: JUDICIAL GUIDANCE ON THE REQUIREMENTS FOR OFFSHORE PETROLEUM EP CONSULTATION

In the Santos v Tipakalippa decision, the Full Federal Court has given guidance to offshore petroleum titleholders in respect of the consultation obligations that they need to satisfy in order to obtain NOPSEMA’s acceptance of environment plans that they submit for the purposes of conducting their respective petroleum activities. The Full Federal Court’s decision may, however, have wider impacts, including on the consultation that may be required to be undertaken by a project proponent under the Commonwealth Offshore Electricity Infrastructure legislation in order to develop an offshore renewable energy project.

SHARMA v MINISTER FOR THE ENVIRONMENT

More than a year on from the overturning of Sharma v Minister for the Environment by the Full Federal Court, Justice Bromberg’s original judgment continues to occupy the minds of the Australian legal community. Although the current position in Australia is that the Minister owes no duty of care in such cases, the Full Court of the Federal Court of Australia stressed that the expert evidence regarding the threat of climate change and global warming was largely uncontested, perhaps foreshadowing the cornerstone of cases to come. Globally, climate litigation is showing no signs of slowing down. As outlined below, despite numerous defeats in various jurisdictions, climate litigants have secured a small number of hard-won victories, fuelling the pipeline.

FORREST AND FORREST PTY LTD AND MINISTER FOR ABORIGINAL AFFAIRS [2023] WASAT 28

Western Australia’s State Administrative Tribunal (SAT) has rejected a review, by Forrest & Forrest Pty Ltd, against the refusal of consent to impact an Aboriginal site in constructing weirs across the Ashburton River. A unanimous three-member panel published its decision in April 2023. SAT’s decision and reasoning has direct significance and use for anyone involved in processes for a s 18 consent under the Aboriginal Heritage Act 1972 and broader relevance for the law around protection of Aboriginal heritage in Western Australia. With the WA Government announcing the reversal of recent statutory changes and a return to the 1972 legislation, SAT’s decision has increased relevance.

ARELJ Comment- Investment Treaty Claims by Australian Resource and Energy Companies

ARELJ Article- In the Shadow of Juukan Gorge: The Parliamentary Inquiry and the Progress of Indigenous Cultural Heritage Legislative Reform

ARELJ Article- Activist Shareholders and Climate Change: Australian Developments

ARELJ Article- Market Substitution, Climate Change and Coal Royalty Revenue in Queensland and NSW: Filling the Void

ARELJ Article- Till Death Do Us Part: The undue impact of Freeth on Western Australia's Mining Tenement Forfeiture System

ARELJ Recent Development- Electricity Infrastructure Investment ACT 2020 (NSW): Key Provisions and Legal Issues for Project Investors to Consider

ARELJ Recent Development- Wardens' decisions providing clarity but not advancing joy