According to Australian Energy Producers Chief Executive Samantha McCulloch, more obstacles are being placed in the path of critical energy developments, which puts at risk the new supply needed for domestic energy security, emissions reductions, and economic returns for Australians. This comes after a legal decision not to approve seismic blasting for Woodside Energy’s Scarborough Gas Project off the coast of northern Western Australia. Industry groups argue that this decision will have a chilling effect on future developments.
Raelene Cooper, an Indigenous Mardudhunera woman, successfully challenged Woodside Energy’s plan for seismic blasting on Sept. 28. The Scarborough Gas Project, valued at $19 billion, is considered the largest new oil and gas project in Australia, with most of its potential future gas production intended for Asia.
Cooper argued that the regulator, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), did not adequately consult Indigenous stakeholders before approving the energy company’s plan. On July 31, NOPSEMA approved Woodside’s seismic survey but found their consultation with stakeholders to be inadequate. Justice Craig Colvin granted an interlocutory injunction on Sept. 28 to stop Woodside from proceeding with the blasting work, stating that NOPSEMA should have carried out the consultation before granting approval.
According to Cooper’s representative, the Environmental Defender’s Office (EDO), Woodside’s plan for the seismic survey should not have been accepted by the regulator. The EDO claims that seismic blasting can cause serious harm to cultural heritage and marine animals, such as whales.
Furthermore, the Scarborough Gas Project is located in an area called “Murujuga,” which is currently nominated for a UNESCO World Heritage listing due to its significant collection of Aboriginal rock art. Cooper alleged that Woodside did not adequately consult Murujuga traditional custodians about the full impacts of their operations on the site.
NOPSEMA acknowledged the Federal Court ruling and stated that it is reviewing the decision to ensure future regulatory actions align with it. The authority recognizes the importance of First Nations people in protecting the environment and cultural heritage.
Woodside expressed its intention to continue working with NOPSEMA and stakeholders to develop an accepted environmental plan for the seismic survey. The company stated that the court decision did not criticize any of its actions.
The injunction has resulted in significant economic loss for Woodside, as the Scarborough Gas Project is intended to provide gas for Western Australian consumers and international markets. Opposition resources spokeswoman Susan McDonald criticized the government for failing to address the broken approvals process, which she believes is harming domestic supply and energy security.
Ms. Cooper was awarded costs by the judge in response to her successful challenge.