Response from EPA to Judicial Review
19 December 2013
Response from EPA to Judicial Review: EPA Chief Executive Rob Forlong
The Environmental Protection Authority welcomes the High Court’s finding. We are pleased the Court has upheld our approach to considering impact assessments provided by operators planning to undertake activities in the Exclusive Economic Zone (EEZ). Under the transitional provisions applying in this instance, our role is to ensure industry meets its obligation to provide information in accordance with the legal requirements. The EPA was satisfied that Anadarko provided sufficient information in its impact assessment on the measures that it intended to take to avoid, remedy or mitigate any adverse effects on the environment. In delivering his judgment, Justice MacKenzie said: “The decision was one for EPA, and it was properly taken”.
The transitional period expires on 28 June next year, when the full marine consent process will apply to planned petroleum activities. This will enable the EPA to take into account information from other sources, and consider the nature and effect of the roles of other regulators in deciding whether to allow activities such as oil exploration and production to take place. In doing this the EPA will base its decisions on the best available information.