Santos NA Barossa Pty Ltd v Tipakalippa

The case of Santos NA Barossa Pty Ltd v Tipakalippa involved Dennis Murphy Tipakalippa, an elder and traditional owner of the Munupi clan of the Tiwi Islands, who sought judicial review of a decision by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to accept an environmental plan submitted by Santos NA Barossa Pty Ltd. Tipakalippa argued that he and other traditional owners of the Tiwi Islands were not consulted by Santos as required by the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, and thus NOPSEMA could not have been reasonably satisfied that the plan met the consultation criteria. The primary issue was whether Tipakalippa and other traditional owners were "relevant persons" under the Regulations whose functions, interests, or activities might be affected by Santos' activities, thereby requiring consultation.

The court found that Tipakalippa and the traditional owners had a sufficient connection to the sea and marine resources in the area, which made them relevant persons whose interests could be affected by the proposed activities. The court held that the consultation requirement was workable and that NOPSEMA's failure to ensure consultation meant it could not have been reasonably satisfied that the plan met the statutory criteria. The court dismissed Santos' appeal, holding that the delegate misunderstood the applicable law and that NOPSEMA's decision was therefore flawed.

The court concluded that Santos and NOPSEMA's narrow interpretation of "functions, interests, or activities" would not align with the principles of ecologically sustainable development, as it would exclude potentially affected parties from consultation. The broader interpretation of "environment" in the Regulations, which includes social, economic, and cultural features, supported the necessity of broad consultation. The court dismissed the appeal and ordered Santos to pay the costs of the appeal to Tipakalippa.