Munkara v Santos NA Barossa Pty Ltd [2023] FCA 1348

Munkara v Santos NA Barossa Pty Ltd [2023] FCA 1348

The applicant established a serious question to be tried as to whether unassessed cultural risks to Indigenous sea country triggered a duty on the respondent, under reg 17(6), to submit a revised environment plan; given the irreparable harm to the applicant if works proceeded, and significant but bearable financial prejudice to the respondent, the balance of convenience favoured short interim restraint. Jurisdiction and standing requirements were met on a provisional basis.

Jurisdiction
Australia
Judgment Date
02 November 2023
Procedural Posture
Application for Interim Injunction / Interlocutory (urgent Interim Injunction), Judgment on Interim Relief
Outcome
Urgent interim injunction granted
Legal Topics
['interim Injunctions' 'standing' 'jurisdiction Under S 39 B(1 A)(c) Judiciary Act' 'offshore Petroleum Environmental Regulation' 'consultation With Traditional Owners']
['practice and Procedure' 'administrative Law' 'environmental Law' 'aboriginal and Torres Strait Islander Law'] ['interim Injunctions' 'standing' 'jurisdiction Under S 39 B(1 A)(c) Judiciary Act' 'offshore Petroleum Environmental Regulation' 'consultation With Traditional Owners']

Case Brief

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Procedural Posture

Application for Interim Injunction / Interlocutory (urgent Interim Injunction), Judgment on Interim Relief

Legal Issues

  1. 1 ['Whether the respondent is in breach of reg 17(6) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth)' 'Whether the applicant has standing to seek injunctive relief' 'Whether the interim injunction criteria are satisfied (serious question to be tried, balance of convenience)' 'Whether the Court has jurisdiction under s 39B(1A)(c) of the Judiciary Act 1903 (Cth)']

Ratio Decidendi

The applicant established a serious question to be tried as to whether unassessed cultural risks to Indigenous sea country triggered a duty on the respondent, under reg 17(6), to submit a revised environment plan; given the irreparable harm to the applicant if works proceeded, and significant but bearable financial prejudice to the respondent, the balance of convenience favoured short interim restraint. Jurisdiction and standing requirements were met on a provisional basis.

Court Disposition

Urgent interim injunction granted

Orders

  • ['The respondent is restrained from undertaking any activity as described in the Barossa Gas Export Pipeline Installation Environment Plan (BAA-100 0329) (Revision 3, February 2020) until 5.00pm on 13 November 2023.' 'Further case management hearing set for 11.00am (AEDT) on 3 November 2023, with leave to attend by...