Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9

Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9

The obligation in reg 17(6) to submit a revised environment plan is not triggered unless there is a significant new environmental risk or impact, not already provided for in the accepted plan, arising from facts or circumstances occurring after approval. The applicants failed to prove the existence of such a risk:...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 January 2024
Procedural Posture
Originating Application for Declaratory and Injunctive Relief Under Federal Law / Final Judgment After Expedited Trial
Outcome
Application dismissed
Legal Topics
['offshore Petroleum Regulation' 'environment Plans' 'cultural Heritage Protection' 'consultation With Indigenous Peoples' 'statutory Interpretation']
['environmental Law' 'administrative Law' 'aboriginal Law' 'human Rights'] ['offshore Petroleum Regulation' 'environment Plans' 'cultural Heritage Protection' 'consultation With Indigenous Peoples' 'statutory Interpretation']

Source-derived case record

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

Originating Application for Declaratory and Injunctive Relief Under Federal Law / Final Judgment After Expedited Trial

Legal Issues

  1. 1 ['Whether Santos was legally obliged under reg 17(6) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) to submit a revised environment plan for construction of the Barossa gas pipeline in light of alleged new significant risks to Tiwi Indigenous cultural heritage' 'Whether there was a significant new environmental impact or risk, not already provided for in the existing environment plan, particularly related to spiritual connection and submerged tangible heritage' "Whether any such risk was 'new' within the scheme of the regulations"]

Ratio Decidendi

The obligation in reg 17(6) to submit a revised environment plan is not triggered unless there is a significant new environmental risk or impact, not already provided for in the accepted plan, arising from facts or circumstances occurring after approval. The applicants failed to prove the existence of such a risk: the asserted spiritual and cultural connections (including Dreamings and song lines) were not found to be sufficiently communally held among relevant Tiwi groups (given conflicting evidence), and the alleged tangible submerged heritage risks were found to be not significant or new risks within the regulatory scheme. Therefore, no obligation to submit a revised environment plan...

Court Disposition

Application dismissed

Orders

  • ['The originating application is dismissed.' 'The injunction granted on 15 November 2023 is discharged.' "Applicants to pay the respondent's costs, such costs to be assessed on a lump sum basis." 'Any application to vary or substitute the costs order to be filed and served by 29 January 2024 with affidavit and...