Ecologically sustainable development requires consulting traditional landowners

The Federal Court, at first instance and on appeal, has overturned the National Offshore Petroleum Safety and Environmental Management Authority's (NOPSEMA) acceptance of Santos' drilling plans, on grounds that Santos did not consult traditional landowners. These decisions will have broad implications on requirements to consult with traditional landowners and, potentially, the viability of future oil and gas projects in Australia.

Background

NOPSEMA is an independent statutory authority whose functions include considering and accepting environment plans for proposed offshore petroleum and gas activities. NOPSEMA may only accept an environment plan if it is reasonably satisfied that the proponent of the plan has consulted with persons whose interests or activities may be affected by the environment plan.