Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

05/09/2012

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Gas and Oil

REVIEW TYPE

Merits review

SUMMARY

Extract from the first judgment: "While climate change was not the basis of the parties arguments, or the judgment, the outcome of this case has implications for climate change. The Fullerton Cove Residents Action Group (FCRAG) sought an injunction to stop coal seam gas (CSG) exploration drilling. The CSG exploration was to take place in a floodplain zone, in a high water table area, near an internationally-listed RAMSAR wetland. FCRAG argued that the activities required a full Environmental Impact Statement (EIS) should be subject to the formal public consultation before proceeding and that the activities had not been properly assessed, particularly in relation to their potential impacts on groundwater, threatened species and ecological communities. The Court agreed to grant an injunction because it recognised that monetary compensation would be inadequate due to the high risk of environmental damage and Dart Energy had refused to suspend drilling while the case was on foot."

In the second judgment, the Fullerton Cove Residents Action Group challenged the Minister's decision to approve exploratory drilling for coal seam gas on the basis that the Minister had not had regard to mandatory considerations, like the impact of CSG drilling on ground water. The Court dismissed the application, finding, among other things, that although there was no consideration of any groundwater assessment, the Department had complied with its requirements to consider environmental impacts 'to the fullest extent possible' under the existing legislation. The Court also found that the project was not likely to have a significant effect on certain protected species, and that therefore no EIS was required for the purposes of complying with the EPBC Act. Note: The EPBC Act has since been amended to include a 'water trigger'.

CASE DOCUMENTS

Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd [2012] NSWLEC 207
Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2) [2013] NSWLEC 38