Cooper v National Offshore Petroleum Safety and Environmental Management Authority [2023] FCA 1112

Cooper v National Offshore Petroleum Safety and Environmental Management Authority [2023] FCA 1112

The Court granted a short-term interlocutory injunction restraining Woodside from undertaking activities under the subject environment plan because there was a reasonably arguable legal question whether NOPSEMA exceeded statutory authority by accepting the plan prior to required consultation. The balance of convenience favoured preserving the status quo due to the significance and potential irreparable harm to the applicant's cultural interests versus the commercial inconvenience and financial losses to Woodside. The absence of an undertaking as to damages did not militate refusal of relief given the public law context and short duration.

Parties
Applicant: Raelene Cooper; First Respondent: National Offshore Petroleum Safety and Environmental Management Authority; Second Respondent: Woodside Energy Scarborough Pty Ltd; Third Respondent: Woodside Energy (Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Application for Interlocutory Injunction; Judicial Review / Interlocutory (injunction Application) With Urgent Listed Hearing on Legal Issues
Outcome
Interlocutory injunction granted until 5.00 pm AWST on 28 September 2023. Orders for expedient hearing of key legal issues. Costs reserved.
Legal Topics
Interlocutory Injunctions, Standing in Judicial Review, Statutory Interpretation, Consultation Requirements, Cultural Heritage Protection
Administrative Law Environmental Law Practice and Procedure Interlocutory Injunctions Standing in Judicial Review Statutory Interpretation Consultation Requirements Cultural Heritage Protection

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Parties

Raelene Cooper

Applicant

National Offshore Petroleum Safety and Environmental Management Authority

First Respondent

Woodside Energy Scarborough Pty Ltd

Second Respondent

Woodside Energy (Australia) Pty Ltd

Third Respondent

Procedural Posture

Application for Interlocutory Injunction; Judicial Review / Interlocutory (injunction Application) With Urgent Listed Hearing on Legal Issues

Legal Issues

  1. 1 Whether NOPSEMA had statutory power to accept an environment plan subject to conditions if consultation not completed as required under reg 11A of Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth)
  2. 2 Whether Woodside complied with conditions of acceptance relating to consultation
  3. 3 Whether applicant has standing to seek relief for non-compliance with conditions

Ratio Decidendi

The Court granted a short-term interlocutory injunction restraining Woodside from undertaking activities under the subject environment plan because there was a reasonably arguable legal question whether NOPSEMA exceeded statutory authority by accepting the plan prior to required consultation. The balance of convenience favoured preserving the status quo due to the significance and potential irreparable harm to the applicant's cultural interests versus the commercial inconvenience and financial losses to Woodside. The absence of an undertaking as to damages did not militate refusal of relief given the public law context and short duration.

Court Disposition

Interlocutory injunction granted until 5.00 pm AWST on 28 September 2023. Orders for expedient hearing of key legal issues. Costs reserved.

Orders

  • Second and third respondents restrained from undertaking any activity described in the Seismic Survey Environment Plan until 5.00 pm AWST on 28 September 2023.
  • Costs of applicant's interlocutory application for injunctive relief reserved.