Federal Court blocks Woodside work after Indigenous challenge
- 2:57PM SEPTEMBER 28, 2023
Aboriginal campaigners have succeeded in using the Federal Court to block seismic works at Woodside Energy’s big Scarborough gas project, with the oil and gas heavyweight potentially facing “immediate, significant, and irrecoverable economic loss” as a result.
Justice Craig Colvin on Thursday morning ruled that the Federal regulator, the National Offshore Petroleum Safety and Environmental Management Authority or NOPSEMA, had invalidly exercised its powers when it gave Woodside the all-clear to start a seismic survey program across its Scarborough gas fields.
Indigenous woman Raelene Cooper, who is one of the founders of Save Our Songlines, had launched the court action after arguing that Woodside had failed to adequately consult with her as required.
Ms Cooper is a former chair of the Murujuga Aboriginal Corporation, the body set up to represent the traditional owners of the Burrup Peninsula region. Since leaving MAC, she has been leading Save Our Songlines in their protests against ongoing development in the rock art-rich area.
The seismic work is part of Woodside’s plans to develop the large Scarborough gas field off WA’s northwest coast. Environmental and Indigenous groups have argued that the seismic program could have a negative impact on sea life in the area, including migrating whales.
The gas from Scarborough will be fed into Woodside’s liquefied natural gas plants as part of its broader $50 billion Burrup Hub plan.
Ms Cooper said she was “elated” with the decision.
“I want my mob back home to be empowered by this day today. This is bigger than me, it’s about my people and our history,” she said.
“We’ve been forgotten and treated so badly. I want the old people to remember we are warriors.”
A spokeswoman for Woodside said the company would continue to work with NOPSEMA to secure an accepted environmental plan (EP).
“The decision did not in any way criticise any action by Woodside. We have consulted extensively on our environment plans, dedicating time and effort so our approach to environmental management and EP consultation meets our current understanding of regulatory requirements and standards,” the spokeswoman said.
“We are continuing our engagements with all relevant stakeholders on the Seismic Survey EP and our other project EPs.”
In submissions released by the court on the eve of this week’s trial, Woodside had warned that it would suffer “immediate, significant, and irrecoverable economic loss” if the seismic program was further delayed.
It had said that if the seismic program could not be completed by the end of the year, the next opportunity to do the work would not occur until early 2025.
The company also detailed how they had multiple meetings and attempted engagements with Save Our Songlines representatives over the course of more than a year.
Woodside said in its submissions that it had never been told of the “asserted existence of the Whale Dreaming within Murujuga or of the applicant’s carriage of a Whale songline” until they were detailed in an affidavit by Environmental Defenders Office solicitor Jessica Border.
Woodside’s Burrup Hub project has become a target for environmental activists amid concerns about the project’s carbon footprint, with Greenpeace labelling it “the most polluting fossil fuel proposal in Australia today”.
Concerns have also been raised about whether emissions from the LNG plants and other industrial projects in the region could accelerate the erosion of ancient rock art in the area.
Activist group Disrupt Burrup Hub has staged several at-times controversial actions against the project, including targeting the home of Woodside chief executive Meg O’Neill and director Ben Wyatt, the spraypainting of the Woodside logo on the colonial era painting Down on His Luck, and a foiled attempt to evacuate the company’s annual general meeting.
(20min delay)