Cooper v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2023] FCA 1158

Cooper v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2023] FCA 1158

NOPSEMA did not have statutory power to accept the environment plan subject to conditions regarding required consultation unless reasonably satisfied that the consultation required by reg 11A had occurred; conditions to undertake future consultation do not qualify as ‘conditions applying to operations for the activity’ under reg 10(6)(b); decision was invalid and must be set aside.

Jurisdiction
Australia
Judgment Date
28 September 2023
Procedural Posture
Judicial Review / Final Judgment After Urgent Hearing Following Interlocutory Injunction
Outcome
Decision set aside. Declaration of invalidity. Costs order against second and third respondents. Costs reserved regarding first respondent. Liberty to apply as to costs and further relief. Expedited hearing vacated.
Legal Topics
['judicial Review' 'statutory Power' 'consultation Requirements' 'environmental Regulation']
['administrative Law'] ['judicial Review' 'statutory Power' 'consultation Requirements' 'environmental Regulation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Final Judgment After Urgent Hearing Following Interlocutory Injunction

Legal Issues

  1. 1 ['Whether NOPSEMA had statutory power to accept the environment plan subject to conditions where the required consultation had not occurred' 'Whether there was any discretionary basis for refusing relief' 'Standing to seek injunctive relief']

Ratio Decidendi

NOPSEMA did not have statutory power to accept the environment plan subject to conditions regarding required consultation unless reasonably satisfied that the consultation required by reg 11A had occurred; conditions to undertake future consultation do not qualify as ‘conditions applying to operations for the activity’ under reg 10(6)(b); decision was invalid and must be set aside.

Court Disposition

Decision set aside. Declaration of invalidity. Costs order against second and third respondents. Costs reserved regarding first respondent. Liberty to apply as to costs and further relief. Expedited hearing vacated.

Orders

  • ["Declaration that NOPSEMA's acceptance of environment plan subject to conditions was invalid." 'Decision set aside.' "Second and third respondents to pay applicant's costs." 'No order as to costs for first respondent.' 'Liberty to second and third respondents to apply within 14 days to vary costs order.' 'Liberty...