The Environment Centre NT Inc v Minister for Resources and Water

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

28/07/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Gas and Oil

REVIEW TYPE

Judicial review

SUMMARY

The applicant challenged a legislative instrument and several decisions arising from the Government’s strategic plan titled “Unlocking Beetaloo: The Beetaloo Strategic Basin Plan”. The Plan’s objective is to produce additional gas from the Beetaloo sub-basin in the Northern Territory and to accelerate development in the area. The matters challenged related to the Minister’s decisions to prescribe the Beetaloo Cooperative Drilling Program by a statutory instrument, to approve payment of approximately $21 million in funding under the Program to Imperial, and the decision to enter into contracts with Imperial. The court found that there was no requirement for the Minister to make enquiries into climate change in relation to the decision. However, for reasons unrelated to climate, the court found that the Commonwealth’s decision to enter into the Imperial Contracts was legally unreasonable.

CASE DOCUMENTS

Environment Centre NT Inc v Minister for Resources and Water (No 2) [2021] FCA 1635