Recent Cases

Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193 (02 December 2022) (Kenny, Mortimer and Lee JJ)


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