Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

03/06/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Gas and Oil

REVIEW TYPE

Judicial review

SUMMARY

(Summary from the Environmental Defenders Office)

Munupi Senior Lawman and Tiwi Traditional Owner Dennis Tipakalippa is suing Santos and the Federal Government over the approval of plans to drill the Barossa gas field. This is the first case in Australia brought by First Nations people challenging an offshore project approval because of lack of consultation.

On 21 September 2022, the Court found that Mr Tipakalippa had established that the NOPSEMA was not lawfully satisfied that the Drilling EP met the criteria required by the Regulations and, in particular, that the Drilling EP had not demonstrated that Santos had consulted with each person that it to consult with. As a result, the acceptance (or permission) given by NOPSEMA was legally invalid and the decision to accept the Drilling EP set aside.

On 2 December 2022, the Full Court of the Federal Court dismissed Santos' appeal.

CASE DOCUMENTS

Dennis Murphy Tipakalippa v National Offshore Petroleum Safety And Environmental Management Authority
VID306/2022 Dennis Murphy Tipakalippa v National Offshore Petroleum Safety And Environmental Management Authority
Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121
Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193