Damian Clothier KC (leading with Ms J Watson) represented the second respondent, instructed by Allens.
The primary issues considered were whether the Environmental Plan submitted by Woodside Energy Scarborough Pty Ltd complied with the mandatory requirements of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 (Cth), whether the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) erred in law or committed jurisdictional error in accepting the Environmental Plan under s 33(7) of the regulations, and whether the applicant had standing to bring the application.
The Court made orders dismissing the proceedings finding that the regulatory scheme does not require prescriptive or quantified definitions of environmental impact thresholds, and that NOPSEMA’s evaluative judgement under s 33(7) was lawfully exercised, and that the applicant had standing to seek declaratory relief.
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