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“It’s clear there are things Woodside still does not know,and my client wishes to tell them,but in a culturally appropriate way,” she told the court.
“As an Elder,a traditional landowner,[Ms Cooper] has obligations to her culture and community and this activity presents a risk of serious harm,including disruption to culturally significant songlines. There could be spiritual,health and well-being effects to Ms Cooper and her community if the seismic survey proceeds.”
But Woodside’s lawyer Steven Penglis had warned delays to the works would have serious financial ramifications,taking Justice Colvin through a long list of confidential costings from a deal Woodside inked with contractor Shearwater in July 2022 that he said would be “thrown away”.
He also stressed Woodside may not have time to conduct the survey before the approval’s expiry on December 31,a predicament Hilly said was of its own making.
“If you look at the rates and prices for that survey vessel on stand-by,24 hours a day... your honour can do the math as to the cost between now and the trial,and it’s a large number,” he told the court.
“That is the major fiscal consequence of the injunction,all the others are add-ons and that is a significant number,a cost incurred and thrown away,lost,if the injunction is granted.”
Penglis insisted the regulator’s assessment process had been robust,and declared that the price of an injunction should be an expeditious consultation process.
“Woodside is still consulting,and it is happy to do so as quickly as possible and in a culturally sensitive way,” he told the court.
And Colvin agreed,with the initial judicial review push scheduled for a two-day hearing on October 23 brought forward to September 26. The injunction will remain in place until September 28.
Outside court,Cooper said she was elated by the decision and looked forward to an opportunity to be heard.
A Woodside spokesperson told this masthead the company had dedicated two years to consultation on the environment plan,and made a significant effort to ensure its approach met case law requirements.
The lawsuits follow a series of protests against Woodside and its plans to expand gas production on the Burrup Peninsula in WA’s north-west,where it operates two gas export plants,amid concerns about its environmental impact.
Woodside committed to the development of the offshore Scarborough gas field back in 2021,which will see the capacity of its Pluto export plant double.
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