Munkara v Santos NA Barossa Pty Ltd

The case of Munkara v Santos NA Barossa Pty Ltd concerns an application for an interim injunction to restrain Santos from undertaking the construction of a gas export pipeline in the Timor Sea. The applicant, Mr Simon Munkara, an Aboriginal man from the Tiwi Islands and a traditional owner of the land at Cape Fourcroy, seeks to restrain the respondent from undertaking any activities described in the Barossa Gas Export Pipeline Installation Environment Plan until a revised environment plan is prepared and accepted by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA). The legal issues that the Court had to decide were whether the matter arose under a law of the Commonwealth within the meaning of s 39B(1A)(c) of the Judiciary Act 1903 (Cth), and whether Mr Munkara had standing to apply for the relief sought on the originating application. The Court found that the matter did arise under a law of the Commonwealth and that Mr Munkara had standing to bring the application. The Court was satisfied that there was a serious question to be tried as to the respondent’s obligation under the Regulations to prepare and submit a revised environment plan, and that the balance of convenience favoured the applicant. The Court granted a short-term injunction to restrain the respondent from undertaking any activity as described in the Barossa Gas Export Pipeline Installation Environment Plan until 5.00pm on 13 November 2023. The Court also ordered a further case management hearing at 11.00am (AEDT) on 3 November 2023.