Scarborough Court Decision

28 September, 2023

Cooper v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2023] FCA 1158

In the matter of Cooper v NOPSEMA (No 2) [2023] FCA 1158, NOPSEMA acknowledges the decision of the Federal Court, and is reviewing the reasons for the decision to ensure future regulatory actions are in accordance with the decision. 

NOPSEMA recognises the important role that First Nations people have in giving input to, and participating in, the protection of the environment and cultural heritage. 

NOPSEMA was not reasonably satisfied that all environmental risks and impacts had been identified and therefore the Scarborough seismic environment plan could not be accepted without applying conditions. 

The Authority took a decision to seek advice to support the delegate proceeding to make a decision given potential ambiguity in the reading of the environment regulations. 

NOPSEMA provided procedural fairness to Woodside by enabling a review of the draft conditions prior to the decision being issued. This was in accordance with administrative law requirements. Woodside did not seek a review of the grounds of acceptance with conditions. 

NOPSEMA cannot comment on the specifics of the Scarborough environment plan as it returns to the assessment process following the court’s decision. 

Interested parties are referred to the published judgment of Justice Colvin available from the Federal Court’s website (Cooper v NOPSEMA (No 2) [2023] FCA 1158).

Page last updated: