Woodside to defend legal bid to thwart Scarborough gas project

Offshore work on Woodside’s Scarborough gas project has been hit with legal action over consultation with Indigenous people similar to a move that derailed Santos’ Barossa project a year ago.

Late on Thursday, Woodside was served notice of a Federal Court action to have approval granted in July to conduct seismic testing for the $18.7 billion project off Western Australia declared invalid due to lack of consultation with a traditional custodian of the area.

Raelene Cooper, a Mardudhunera woman, wants an end to industrial development near the Murujuga rock art in the Pilbara.Credit: Woop Woop Pictures

In September 2022, drilling for the Barossa gas export project north of Darwin was stopped as the Federal Court found operator Santos insufficiently consulted some Tiwi Islanders.

In December, the full Federal Court rejected an appeal by Santos and enshrined in law a much wider definition of a “relevant person” who must be consulted before an environment plan is submitted for approval.

The decision sent the offshore oil and gas industry into a flurry of renewed consultation to ensure other plans lodged with offshore regulator the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) did not meet a similar fate.

Seismic testing involves compressed air guns releasing sound waves in the water and recording the echoes that bounce off the geological formations beneath the seabed. It is controversial because the sounds can interfere with the behaviour of whales and damage their hearing.

Raelene Cooper, a Mardudhunera woman, said the testing would happen in areas of Sea Country of great cultural significance.

“The whales are showing us all around the world that they are in trouble,” she said.

“Woodside are not above the law, and they’re not above our cultural lore.”

Clare Lakewood, special counsel at the Environmental Defenders Office, which if representing Cooper, said Woodside had failed to consult her client adequately.

“In particular, our client has deep concerns about the seismic blasting’s effect on whales – which are highly culturally significant,” she said.

Ms Cooper argues that NOPSEMA cannot grant the approval until she has been properly consulted; and, alternatively, that Woodside cannot begin seismic testing until Woodside has consulted her, as required under the conditions of Woodside’s approval from NOPSEMA.

In a published statement of reasons for accepting the plan, the regulator said it was concerned whether Woodside had identified all Indigenous people with relevant cultural interests, given them sufficient time to be consulted, and taken appropriate action as a result.

A NOPSEMA spokeswoman said it could accept plans that do not meet its own criteria, subject to conditions. The regulator would not comment on legal proceedings.

A Woodside spokeswoman said the action by Cooper – who the company does regard as a “relevant person” to be consulted – would impact the start of the seismic testing.

“Woodside will vigorously defend its ability to deliver on planned and approved activities,” she said.

She said Woodside had consulted extensively on the environment plan, and had dedicated significant effort to ensure its approach met case law requirements.

Woodside’s approved plan for the seismic testing documents extensive consultation with the Murujuga Aboriginal Corporation, which Cooper has been a director of in the past, and with Save our Songlines, an Indigenous group opposed to gas developments. Cooper has also been active in that group.

The action is on behalf of Cooper as an individual, not as a member of any organisation. In July, Woodside chief executive Meg O’Neill said a delay to seismic testing would not slow progress in other areas of the project.

The company is yet to receive approvals from NOPSEMA for drilling, installation of equipment on the seabed, pipeline installation, and operation of the project, which is due to start exporting gas in 2026.

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