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ARTICLE · 28 DECEMBER 2022

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Ensuring effective stakeholder consultation following Santos v Tipakalippa

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

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This decision could have wide-reaching implications for other resources and energy projects, offshore and onshore.

AustraliaEnergy and Natural Resources

Appropriate stakeholder consultation is well-known to be a critical part of successfully delivering major projects. The Full Federal Court has recently provided important guidance on the scope of the requirement to consult, including requirements for First Nations consultation for offshore petroleum projects. Its decision could have wide-reaching implications for other resources and energy projects, offshore and onshore.

Court proceedings

Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121 concerned a challenge to the National Offshore Petroleum Safety and Environmental Management Authority's (NOPSEMA's) decision to accept an environment plan (the Drilling Plan), which had been prepared by the proponent of an offshore gas project in the Barossa gas field, approximately 300 km north of Darwin.

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