Cooper v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2023] FCA 1158

Federal Court of Australia

Cooper v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2023] FCA 1158 File number: VID 647 of 2023

Judgment of: COLVIN J

Date of judgment: 28 September 2023

Catchwords: ADMINISTRATIVE LAW - application for judicial review of decision of first respondent - urgent hearing of specified issues following grant of interlocutory injunction - where first respondent approved an environment plan of second and third respondents subject to conditions for a proposed seismic survey - where applicant alleges first respondent did not have statutory power to make the decision to accept environment plan subject to conditions regarding required consultation where it was not reasonably satisfied that the required consultation had occurred - where consultation required in course of preparing an environment plan - where evident purpose of consultation is to provide foundation for first respondent to form required evaluative judgment - where completion of consultation provides foundation for first respondent to evaluate whether criteria have been met - where second and third respondents claim Court should exercise discretion to refuse relief - where decision is invalid - where no basis to refuse relief - where not necessary to decide issue of standing in relation to second ground - held first respondent did not have statutory power to approve environment plan subject to conditions where it was not reasonably satisfied consultation had occurred - held decision invalid - first respondent's decision set aside

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) Offshore Petroleum and Greenhouse Gas Storage (Environment) Amendment (Consultation and Transparency) Regulations 2019 (Cth) Offshore Petroleum and Greenhouse Gas Storage (Environment) Amendment Regulations 2011 (Cth) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) regs 6, 7, 8, 9, 9A, 9AB, 10, 10A, 11, 11A, 11B, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23 Petroleum (Submerged Lands) (Management of Environment) Regulations 1999 (Cth)