Morrison’s offshore drilling veto could be overturned

Phoebe Loomes | February 3, 2023

A controversial call by former prime minister Scott Morrison to halt a gas drilling project off the NSW coast could be overturned by the Federal Court.

The federal government and energy company Asset Energy have agreed to end their legal battle over Mr Morrison’s decision, by proposing consent orders to the court.

Asset Energy launched a legal challenge to the PEP-11 decision last year, saying Mr Morrison breached the requirements of procedural fairness and that he was not validly appointed as the responsible minister of the joint authority.

Mr Morrison used additional powers he had gained by swearing himself in as resources minister to intervene in the PEP-11 decision and veto it in 2021.

Petroleum Exploration Permit 11, known as PEP-11, is a petroleum well off the NSW coast between Wollongong and Newcastle, covering about 8,200 square kilometres.

If the court accepts the orders, Mr Morrison’s decision would be overturned and put back to the Commonwealth-NSW Offshore Petroleum Joint Authority for consideration, the federal government said on Friday.

The federal and NSW state governments are both members of the decision-making authority.

Mr Morrison, the MP for the federal seat of Cook in NSW, has been criticised and censured for secretly taking on five portfolios when he was prime minister.

Resources Minister Madeleine King said she was glad the government was able to reach a resolution with the energy company.

“I assure Australians that any decisions that I take as the federal minister for resources will always be based on sound evidence and in accordance with the law,” she said.

“Australians quite rightly expect this of their elected leaders.

“I am not going to provide an ongoing commentary on future official decisions that come before the Joint Authority, whether in relation to PEP-11 or any other matter.”

The decision was criticised by NSW Greens MP Sue Higginson, who called it an unreasonable project, universally opposed by communities from the Northern Beaches through to Newcastle.

She called on the state’s energy minister, Matt Kean, to recommit to opposing the project.

“The NSW Government must recommit to opposing PEP-11 and work with their federal colleagues to resolve this dangerous gas plan once and for all,” Ms Higginson said on Friday.

“The NSW Government needs to guarantee that they will do everything in their power to stop these gas bullies from ruining our marine environment, coastlines and our climate.”

Environmental group Surfers for Climate said they would re-launch a campaign against the proposed exploration, and they were confident an Albanese Labor government would not grant a license to drill PEP-11.

“We thought that PEP-11 was behind us, but because of a broken political process, it looks like once again we need to make it clear that the Sydney, Central Coast and Newcastle waters are no place for a gas field,” Surfers for Climate co-founder Belinda Baggs said.

AAP has contacted Mr Kean’s office and Asset Energy for comment.