Munkara v Santos NA Barossa Pty Ltd (No 2) [2023] FCA 1421

Federal Court of Australia

Munkara v Santos NA Barossa Pty Ltd (No 2) [2023] FCA 1421 File number: VID 907 of 2023

Judgment of: CHARLESWORTH J

Date of judgment: 15 November 2023

Date of publication of reasons: 17 November 2023

Catchwords: PRACTICE AND PROCEDURE – application for injunction restraining works for the construction of a gas export pipeline – respondent a titleholder under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) – applicant alleging the respondent is in breach of an obligation under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) to prepare and submit a revised environment plan – whether a matter arises under a law of the Commonwealth within the meaning of s 39B(1A)(c) of the Judiciary Act 1903 (Cth) – whether the applicant has standing to apply for the final relief sought on the originating application – whether a regulation creating a legal duty enforceable at the suit of any person would be ultra vires the regulation-making powers of the statute – serious question to be tried as to the respondent's obligation – balance of convenience favouring the applicant in some areas but not others – injunction granted in respect of some but not all of the area that may be affected by the pipeline

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 3A Judiciary Act 1903 (Cth) s 39B Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) ss 571, 574, 576, 688C, 781, 790A, 790B, 790C, 790D Regulatory Powers (Standard Provisions) Act 2014 (Cth) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) regs 3, 4, 6, 7, 8, 9, 10, 10A, 11A, 13, 17, 18, 21, 22, 23