In a move to smooth Australia's offshore gas approvals, Resources Minister Madeleine King says she will clarify consultation requirements for oil and gas projects. 

This initiative, catalysed by the legal quandaries faced by Santos' $5.8 billion Barossa development off the Northern Territory, aims to remove ambiguity and enhance legal processes.

A new consultation paper is intended to show how to effectively engage Indigenous communities in new offshore projects and define relevant stakeholders. 

This move is a response to significant court decisions in 2022 that led to numerous legal challenges against major projects, notably Woodside Energy’s $16.5 billion Scarborough venture in Western Australia.

Criticism from the gas industry suggests that current regulations are susceptible to exploitation by environmental activists, hindering project development and, consequently, impacting Australian jobs and energy security. 

The recent court rulings have notably diminished the authority of the offshore petroleum regulator, according to gas producers. 

While the sector’s perspective is supported by the Australian Workers’ Union and the Maritime Union of Australia, the Australasian Centre for Corporate Responsibility counters this view. They argue that the industry is using these claims to divert attention from their own shortcomings and to undermine Indigenous rights.

The discussion paper will mark the commencement of a three-year review of the offshore environmental management approvals and safety regime, the first of its kind since 2013. 

This review was prompted by a 2022 Federal Court ruling in favour of Tiwi Island senior lawman Dennis Tipakalippa, who argued that his community was not properly consulted about the Barossa project. 

The Federal Court's upcoming decision on the Barossa pipeline case will be a critical factor in shaping future regulatory frameworks.