Adnyamathanha Traditional Lands Association v Minister for Energy & Mining (SA)

The Adnyamathanha Traditional Lands Association (ATLA) brought an action against the Minister for Energy & Mining (SA) and Leigh Creek Energy Ltd (LCE) seeking an interlocutory injunction to restrain LCE from undertaking further activities in relation to its Leigh Creek Energy Project (LCEP) in the Leigh Creek Coalfield, which is claimed by ATLA as native title land of cultural significance. LCE had been granted a petroleum exploration licence and was preparing to establish a pre-commercial demonstration plant to produce energy from coal using a process known as in situ gasification. The Federal Circuit and Family Court of Australia considered whether to grant the injunction on the basis of the likelihood of success of ATLA’s claim, the balance of convenience, and whether an undertaking as to damages would be provided.

The court examined the merits of ATLA’s claim and the balance of convenience. ATLA’s claim was based on allegations of unlawfulness and unreasonableness in the Minister’s decision to approve the environmental impact report and objectives for the demonstration plant, as well as in LCE’s actions under its petroleum exploration licence. The court found that ATLA had limited prospects of success on the merits, as the Minister’s decision and LCE’s actions appeared to be lawful and reasonable. The court also considered the balance of convenience, noting that if the injunction were granted, LCE would suffer significant financial harm and potentially be unable to recover compensation, while ATLA’s cultural interests and the environment would face significant, largely irreparable harm if the injunction were not granted.

The court ultimately declined to grant the injunction. It found that ATLA had not provided an undertaking as to damages, which would have been necessary to mitigate LCE’s financial losses. The court also found that the balance of convenience did not favour the grant of an injunction, given the limited prospects of success on the merits and the significant financial harm that would be caused to LCE. The court acknowledged the cultural and environmental concerns but concluded that they were not decisive in the balance of convenience analysis.

The court did not grant the interlocutory injunction sought by ATLA. The proceedings were dismissed with no orders as to costs.