Scarborough decision pending for Woodside

David Prestipino
David Prestipino Published September 27, 2023 at 12.30pm (AWST)

Woodside Energy will know by Thursday afternoon if it can begin surveying the seabed off the north coast of Western Australia for its Scarborough LNG project after a Federal Court hearing on Tuesday.

The energy giant was due to begin the process of seismic blasting on September 14, before an urgent temporary injunction was granted by Justice Craig Colvin following a legal challenge by traditional owner Raelene Cooper and the Environmental Defender's Office.

The Mardudhunera woman argues the initial approval for seismic blasting granted on July 31 by the National Offshore Petroleum Safety and Environmental Management Authority was a legal error after the regulator gave Woodside approval on the condition that further consultation with First Nations stakeholders - which it found inadequate - be undertaken.

Woodside executive vice president of Australian operations, Liz Westcott, recently warned of the risk of a long-term gas supply shortfall in WA without government and regulator support for new projects.

The massive LNG proposal off the Burrup Peninsula, 375km off WA's North West coast, will be connected to new offshore facilities by a 430km pipeline to the onshore Pluto liquid natural gas facility, near Karratha.

The project's development phase includes the installation of a floating production unit, with eight wells drilled initially and 13 wells across the life of the gas field, which Woodside expects will process five to eight million tonnes of gas per year.

On Tuesday in Perth, Woodside lawyer Brahma Dharmananda told Justice Colvin the delay to starting the seismic survey was significantly costly and Ms Cooper did not have standing to obtain orders to restrain an alleged offence under environmental regulations.

NOPSEMA barrister Nicholas Wood said the regulator was within its rights to accept Woodside's environmental plan, with conditions including further consultation.

But Justice Colvin suggested there may be a distinction between initial and ongoing consultation.

"How will the regulator know whether it's a suitable mechanism for dealing with the environmental risk if it doesn't know, and does not have reported to it, the outcome of the consultations as to the environmental matters that need to be addressed?" he posed.

Seismic testing involves special airguns blasting compressed air, creating pulses of sound directed at the sea floor that penetrate underlying rock layers.

The process creates sound patterns that can help predict geological layers, and oil and gas reserves, beneath the seabed.

According to the EDO, which is representing Ms Cooper, seismic blasting can damage the senses of marine animals such as whales and turtles, and restrict their ability to communicate, causing stress, displacement from habitat, physical injuries and death.

Ms Cooper said Woodside's seismic blasting was due to take place in areas of high cultural significance and she had not had a chance properly explain this to Woodside, prompting the initial judicial review of NOPSEMA's approval.

The case follows a decision by the Federal Court to overturn a key approval for Santos' $4.7 billion Barossa offshore gas project late last year.

The decision was taken after the court considered the way Tiwi Traditional Owner and Elder Dennis Murphy Tipakalippa was consulted by Santos.

Justice Colvin reserved his decision until Thursday morning, noting the injunction against Woodside's seismic testing continued until the end of that day.

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