Cooper v National Offshore Petroleum Safety and Environmental Management Authority [2023] FCA 1112

Federal Court of Australia

Cooper v National Offshore Petroleum Safety and Environmental Management Authority [2023] FCA 1112 File number: VID 647 of 2023

Judgment of: COLVIN J

Date of judgment: 15 September 2023

Date of publication of reasons: 19 September 2023

Catchwords: PRACTICE AND PROCEDURE - application for an interlocutory injunction to restrain the second and third respondents from undertaking any activity described in the Scarborough 4D B1 Marine Seismic Survey Environment Plan - where the first respondent had approved plan subject to conditions - where Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) require consultation with relevant persons - where applicant is relevant person and alleges she was not adequately consulted - where regulatory scheme places considerable significance on required consultations - where applicant alleges the first respondent did not have statutory power to make the decision to accept the plan subject to conditions - where applicant alleges, in the alternative, the second and third respondents have not complied with the conditions of acceptance - where applicant is a Mardudhunera lore woman, elder and traditional custodian of Murujuga - where applicant has important cultural responsibilities and obligations relating to places including the area subject to the plan - where second and third respondents accepted a serious question to be tried as to whether first respondent acted beyond power in accepting the plan - where applicant claims cultural and spiritual harm due to impact on Aboriginal cultural heritage including spiritually important songlines - where applicant's concerns include consequences for personal health if she does not speak up about cultural matters - where legal consequence of applicant's case if upheld is that undertaking the seismic survey would be unlawful - where significant financial consequences for second and third respondents if interlocutory injunction granted - where no undertaking as to damages - application granted on basis of more expedited hearing of certain legal issues