Ann: PEP11 Update, page-390

Vstar,

If we look at law solely.

We apply the law equally to permits already approved.

The ocean laws in federal waters Australia wide are equal.

Meaning pep11 needs to be approved, to be equal or a clause needs to exist.

If we look at scomos decision, at that time they had no lawful reason to decline it, or would have.

Fast forward to now, without law changes to decline, they have to be biased again as was the case with scomo if it is a no.

Nsw JA, should be saying yes.

Reason is, the planned work is not in there waters, to legally decline. It is not in there jurastiction.

If a pipeline was planned, then yes, but it's not planned for them to consider any facts.

Nsw really has no business in the process, but there the ones holding it up

Still the federal minister has a duty of care to advent to handle the process, not to his state counterpart.

Advent is his client at the end of the day, not nsw.

I think labour has not made a decision because they would rather do nothing, than upset public opinion.

But there are ramifications via judicial review for that conduct which there about to get hit with.

If they decline, if it goes to judicial review.
If the court finds no laws available to decline.

Unconsionsble conduct, because negligent in a decision they knew would be unlawful.

The government would be on the hook for 500m potential damages.

High if the conduct is so bad, punative damages are awarded.

Ie this delay, scomos decision and the end decision would make up a determination on conduct.