The Australian energy industry has been unsettled by environmental activists using an Aboriginal woman and additionally citing concern for whales and managing to persuade a Federal Court to delay Woodside Energy’s US$12 billion Scarborough gas project for LNG expansion, citing seismic testing approval deficiencies.
The Scarborough gas project is one of the few moving forward in Australia and has been specially targeted by environmental activists who have now succeeded in delaying Woodside’s plans as the previously approved seismic testing programme has now been called into question.
The Australian Federal Court by a decision handed down on September 28 has invalidated approvals given to Woodside by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA).
Perth-based Woodside has yet to issue a formal response to the court decision.
Previous ruling
The Supreme Court of Western Australia had previously, in March 2022, dismissed two proceedings brought against the Pluto LNG and Karratha Gas Plant environmental approvals given in 2019.
In the latest hearing, Justice Craig Coleman found that NOPSEMA, did not have the statutory power to accept Woodside’s environment plan because he wasn’t reasonably satisfied that all relevant stakeholders had been consulted, including some local Aboriginals.
The Pluto LNG onshore processing facility is located on the Burrup Peninsula near Karratha in the northwest of Western Australia and the first cargo from the current single-Train facility was delivered in 2012.
The second Train planned using Scarborough field gas will have 5 million tonnes per annum of output and take total nameplate capacity to around 9.2 MTPA.
The Scarborough field is located about 375 kilometres (233 miles) off the coast of Western Australia and is estimated to contain over 11 trillion cubic feet of dry gas.
Aboriginal voice
In the Court decision to delay, the environmentalists had called on an Aboriginal woman named as Raelene Cooper to seek a court injunction to reverse the seismic testing approval, citing opposition from the “traditional custodians” of the Burrup Peninsula who seemingly had never been properly consulted.
After the ruling a statement was released on behalf of Mrs Cooper in which she said she was “elated” by the decision and described the legal win as more than a personal victory.
“I want my mob back home to be empowered by this day today. This is bigger than me,” she said. “It's about my people and our history. We've been forgotten and treated so badly,” the woman added.
“Woodside just came and told us what was happening,” she said. “They never bothered to sit down and listen to Murujuga traditional custodians about the full impacts of their Burrup hub operations on our culture and our sacred song lines,” she stated.
Australian engineering company Clough has awarded the bulk earthworks contract for the Waitsia Gas Project Stage Two development in the onshore northern Perth Basin to an Indigenous company.
The contract was awarded to Garla Barna Civil and Mining (GBCM), a local Mid-West business.
Clough is running the second stage of development of the Waitsia natural gas field in the Perth Basin as a future source of LNG exports.
Clough's main work sites are near the town of Dongara, located about 350 kilometres (217 miles) north of the city of Perth and 65km south of the town of Geraldton.
Beach Energy of Australia and a subsidiary of Japan’s Mitsui and Co. each own 50 percent of the venture and Mitsui is the operator of the Waitsia field.
Beach and Mitsui have also finalized and signed key commercial agreements with shareholders of the North West Shelf LNG plant to enable LNG exports.
“Clough and the Waitsia Joint Venture (Mitsui E&P Australia and Beach Energy) are committed to delivering a high performing project while providing opportunities to the local community at every stage of the project and this award demonstrates that,” said Peter Bennett, Clough Chief Executive.
“Our Innovate Reconciliation Action Plan drives our commitment to improve outcomes for Aboriginal and Torres Strait Islander Peoples by providing employment, education and business opportunities,” he added.
John Galvin, Clough Executive Vice President Australia and Asia Pacific, said he was looking forward to starting work with GBCM, a local construction business that has demonstrated the capabilities needed to perform this scope of work.
GBCM was established in 2019 as an emerging regional-based Aboriginal services contractor offering project solutions in Western Australia.
GBCM's intent is to maximise opportunities for Aboriginal people in the construction industry, creating hope and career paths for future generations.
“GBCM are pleased that Clough have provided our company with this opportunity on a project that is being built on our traditional lands,” said Fred Taylor, GBCM Director and shareholder.
“We are excited to be working with Clough in the delivery of this scope and look forward to the engagement this project brings to the Mid-West and the Southern Yamatji people,” Taylor added.