A temporary injunction placed on seismic testing at Woodside’s Scarborough project off the North West coast has been hailed by Traditional Owners ahead of a second hearing later this month.
A temporary injunction placed on seismic testing at Woodside’s Scarborough project off the North West coast has been hailed by Traditional Owners ahead of a second hearing later this month.
The Federal Court decision means Woodside cannot conduct planned Scarborough seismic blasting until September 28 at the earliest and was granted to prevent work ahead of a full trial later in the month.
The decision follows a legal challenge by Mardudhunera Traditional Custodian Raelene Cooper and the Environmental Defenders Office, who allege they were not properly consulted ahead of the planned work.
Offshore regulator the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) granted approval for seismic testing at Scarborough in July, conditional on a need for further consultation.
Ms Cooper argued she had not been adequately consulted under the conditions of the approval, and that the approval by NOPSEMA was not legally valid.
Woodside had planned to begin seismic testing last week, but agreed not to blast until the injunction application was heard before the court.
Ms Cooper said she was elated by the court’s decision to grant a temporary injunction and looking forward to the opportunity to be heard.
“Woodside has not conducted proper consultation with traditional custodians about the impacts of their seismic blasting on our culture,” she said.
“The risks and impacts of Woodside’s seismic blasting and the consequences of these actions will be life threatening for many species of water life, especially the whales.”
The injunction will allow the Environmental Defenders Office to prepare its case without seismic blasting beginning in the meantime.
Woodside said it noted the injunction and would halt seismic activity until the next hearing.
“We note the Federal Court’s indication yesterday that it will grant an interlocutory injunction in relation to Woodside’s seismic survey for the Scarborough project until 5pm on 28 September 2023,” the company said in a statement.
“We have consulted extensively on our environmental plans, dedicating time and effort so our approach to environmental management and environmental protection consultation meets our current understanding of regulatory requirements and standards.”
Consultation on seismic environmental protection began in august 2021, with plans for Scarborough seismic as well as a decommissioning environment plan for the Nganhurra riser turret mooring approved by NOPSEMA in July this year.
Woodside previously noted that it had stepped up its consultation approach after a key approval for Santos’ $4.7 billion Barossa offshore gas project was overturned late last year.
That decision was taken after a Federal Court case considered the way Tiwi Traditional Owner and Elder Dennis Murphy Tipakalippa was consulted by Santos.
The parties will return to court later in the month.
Woodside started laying pipe to connect Scarborough to its onshore Pluto facility earlier this month.
