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BPH - Joint Authority decision due by 1st November 2023, page-78

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    It's a fair question, and obviously I can't think of one or I wouldn't have increased my position in the way that I have. Public Interest alone isn't sufficient to decline the application so there has to be something in addition to complaints from the NIMBYs. Migrating whales can be mitigated by timing the drill outside of the whale season. Indigenous? Doubtful but cannot rule it out I suppose. That would be AFTER NOPTA approval. If you are citing the Woodside case, that was in relation to 3D Seismic which is not applicable to PEP11.

    As far as Scomo's reasons are concerned, neither Financial or Force Majeure would stand up in the Federal Court IMO due to the precedent under the Pathfinder case, see attached.

    Pathfinder decision.pdf

 
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