Woodside has been temporarily blocked from proceeding with a major gas project off WA's northern coast after a successful court injunction by a Traditional custodian.
In July the energy giant was given approval to carry out seismic testing, which involves releasing powerful blasts of air towards the ocean floor to search for gas, for its Scarborough project.
The testing was challenged by Mardudhunera woman Raelene Cooper, who filed the injunction in the Federal Court last Thursday via the Environmental Defender's Office, after Woodside said it was ready to commence blasting, despite an unresolved legal challenge to the validity of its approval.
Woodside subsequently agreed not to blast until the injunction application was heard on Thursday by the Federal Court.
On Thursday Justice Colvin ruled the injunction should be granted in part due to the reasonable prospect that the first ground of Ms Cooper's substantive legal challenge to the National Offshore Petroleum Safety and Environmental Management Authority approval of the seismic blasting will be successful.
Despite finding that Woodside's consultation with First Nations stakeholders, required by law, had been inadequate, NOPSEMA gave approval for the seismic blasting on July 31.
Conditions were attached to the approval that further consultation needed to be carried out before commencement of the blasting.
The hearing for that matter, and a separate question of Ms Cooper's standing as to her second ground, was brought forward to be heard later this month on September 27.
A decision about costs of the injunction application was reserved.
Ms Cooper is concerned about the seismic activity's impact on her Songlines and the species connected to them, including whales and turtles, which are of high cultural importance.
"I'm elated and very grateful and appreciative of the court with its decision today and my team and their brilliant minds and heart effort from the beginning," she said.
"Woodside have not conducted proper consultation with traditional custodians about the impacts of their seismic blasting on our culture."
A Woodside spokesperson told National Indigenous Times the company had consulted extensively on its environmental plans on Scarborough.
"We note the Federal Court's indication today that it will grant an interlocutory injunction in relation to Woodside's seismic survey for the Scarborough Project until 5pm on 28 September 2023," they said.
"We also welcome the Federal Court's proposal to hold a further hearing regarding Ms Cooper's challenge on 26 or 27 September 2023.
"Woodside's seismic activity will be on hold until after this further hearing.
"We have consulted extensively on our environment plans, dedicating time and effort so our approach to environmental management and EP consultation meets our current understanding of regulatory requirements and standards."
EDO Special Counsel Clare Lakewood said they looked forward to presenting their case as to why the approval NOPSEMA gave to Woodside was not legally valid.
"Our client did not take this action lightly. However, the threat to Songlines and culturally important animals was such that she felt compelled to ask the court for an urgent injunction," she said.
