Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9

FEDERAL COURT OF AUSTRALIA

Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9 File number: VID 907 of 2023

Judgment of: CHARLESWORTH J

Date of judgment: 15 January 2024

Catchwords: ENVIRONMENTAL LAW – where the respondent holds a pipeline licence issued under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) authorising it to construct a 262km long gas export pipeline in the Timor Sea – where the applicants are Aboriginal people from the Tiwi Islands – where the pipeline would pass the west coast of the Tiwi Islands within 7km at its closest point – where the respondent has an environment plan for the activity accepted by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) – whether the respondent is obliged to submit a revised environment plan in accordance with reg 17(6) of the Regulations because there has been an occurrence of a new significant environmental impact or risk – whether there is a risk of impact to the applicants' spiritual connection to sea country through which the pipeline will pass because the pipeline will interrupt song lines or interfere with the travels of ancestral beings – whether there is a risk of impact to tangible cultural heritage in the vicinity of the pipeline route in the nature of artefacts evidencing human occupation and activity on the land before sea levels rose – whether on the proper construction of reg 17(6) of the Regulations there is a risk of environmental impact that is "new" and "significant" – application dismissed

Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Acts Interpretation Act 1901 (Cth) Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3A, 18 Evidence Act 1995 (Cth) ss 72, 136, 140 Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B Native Title Act 1993 (Cth) ss 61, 72, 223 Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) ss 3, 210, 211, 574, 576, 781, 782, 790 Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) regs 3, 4, 6, 7, 8, 9, 9AA, 9AB, 9AC, 9A, 10, 10A, 11AA, 11A, 11B, 11C, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25 Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 (Cth) Greenhouse Gas Storage Amendment (National Regulator) Bill 2001 (Cth) Aboriginal Land Act 1978 (NT) s 12 Civil Liability Act 2002 (NSW) s 5K Northern Territory Aboriginal Sacred Site Act 1989 (NT)