Federal Court of Australia
Federal Court of Australia
Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193 Appeal from: Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121
File number(s): VID 555 of 2022
Judgment of: KENNY, MORTIMER AND LEE JJ
Date of judgment: 2 December 2022
Catchwords: ADMINISTRATIVE LAW – appeal from decision of single judge of the Federal Court setting aside decision of second respondent (NOPSEMA) to accept an environmental plan under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) – where NOPSEMA to be reasonably satisfied that the plan meets specified criteria, including for consultation of a person "whose functions, interests or activities may be affected by the activities" under the plan – construction of "reasonably satisfied" – where judicial review applicant claimed the appellant as proponent of the plan should have and did not consult him and other traditional owners of the Tiwi Islands as required by the Regulations – whether the first respondent and other traditional owners were each "a relevant person" whose "functions, interests or activities may be affected by the activities" under the plan – interests held by traditional owners because of connection to the sea and marine resources; no issue with workability of consultation requirement; consultation required; delegate misunderstood the applicable law – NOPSEMA not therefore reasonably satisfied in accordance with the Regulations – appeal dismissed
Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) ss 3, 23 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) ss 3, 4 Acts Interpretation Act 1901 (Cth) ss 2C, 33(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3(4), 5(1) Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3A, 146B Evidence Act 1995 (Cth) s 166(f) Legislation Act 2003 (Cth) s 13 Native Title Act 1993 (Cth) ss 61, 203BE(5), 251B Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) Pt 1A; Div 2.2A; regs 3, 4, 5A, 5C, 5D, 9, 10, 10A, 11A, 11B
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate