January 1 - 31, 2025: Issue 638

 

PEP-11 Officially Refused by Federal Government: the Whales May Now Migrate free of Seismic or Drilling risk 

Humpback whale off Barrenjoey - photo taken during LO data gathering voyage. Photo: AJG/PON
On Friday January 17 2025, residents from Barrenjoey to Manly received the news they had been waiting for - the government has refused the application by Advent Energy to drill off our coasts.

Action was commenced by Living Ocean almost 10 years ago, and included using the then NSW Government's own Marine Notices  prohibitions to stop seismic testing during whale migration seasons in 2017, with LO co-founder Robbi Luscombe Newman being particularly active in seeking out information and the LO team gathering data that may support stopping PEP-11 killing sealife, fisheries and potentially depositing, as it was then proposed by the PEP-11 owners, oil all over our aquatic environment.

With the shift by the proponents to drill for gas, the campaign gathered momentum as Living Ocean joined with Newcastle organisation Save Our Coasts, formed in 2018, and was joined by Surfrider Northern Beaches, and then Surfers for Climate. Supported by Pittwater Councillors, Pittwater MP's and Mackellar MP's for the duration of the push back against this proposal, the movement to stop drill rigs being part of our seascape has run parallel with Australia's announced aspirational shift to renewable energy for everything from boiling your kettle to driving your electric car.

Warringah MP Zali Steggall introduced an independent's Bill to ban PEP-11, and was followed by then Mackellar MP Jason Falinski introducing a Bill with a similar intent, neither of which have been passed.

In March 2024 the Minns Government passed Historic Legislation to Ban Offshore Drilling - Mining. However, Advent maintained this could not stop their still in force plan under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and had decided to commence work necessary for environmental approvals in advance of the PEP-11 licence application approval, in order to be prepared to drill the proposed Seablue-1 well on the large Baleen prospect as soon as possible thereafter.


The new claim had been preceded by litigation commenced in 2022 by the proponents regarding former Prime Minister Scott Morrison's December 2021 announcement PEP-11 would not go ahead in the wake of Mr. Morrison having self-appointed himself to multiple ministries.

The Albanese government managed to reset that court case course by ensuring the correct processes and procedures were followed.
In April 2024 the Hon. Madeleine King MP released a statement that she has recused herself from future decisions on Petroleum Exploration Permit 11 (PEP-11) and that Minister for Industry and Science, the Honourable Ed Husic MP, will take future decisions.

Ms King, along with Prime Minister Albanese, had made statements to the effect that they oppose PEP11, which could lead to a conflict of interest alike that seen when former Prime Minister Morrison made statements along similar lines.

In September 2024 Minister Husic released a statement which read:

I have carefully considered all material submitted by Asset Energy Pty Ltd and formed a preliminary view that the applications should be refused.

As part of the ordinary fair process I have given Asset Energy an opportunity to provide further information to address concerns that I currently hold about the applications.

This gives Asset Energy an opportunity to address my concerns before any final decision is made.

On Friday, the Hon Ed Husic MP, Minister for Industry and Science, issued the following:

Statement on PEP-11
The Hon Ed Husic MP, Minister for Industry and Science
17 January 2025
On 16 January 2025, the Commonwealth-New South Wales Offshore Petroleum Joint Authority (Joint Authority) made the decision to refuse both the PEP-11 applications.

The Joint Authority refused the applications for reasons of public interest, concerns about the applicants’ estimate of the cost of works and their ability to raise the necessary capital to fund the proposed works.

In making this decision, I have carefully considered all relevant materials, including those submitted by Asset Energy Pty Ltd, and the requirements set out under the Offshore Petroleum and Greenhouse Gas Storage Act 2006. 

As part of the decision-making process, Asset Energy Pty Ltd was given an opportunity to respond to the concerns that I raised in forming my preliminary view that the Joint Authority should refuse the applications. Asset Energy’s response was considered before reaching this decision.

The Australian Government is committed to following due process for all offshore petroleum applications to ensure the fair and safe regulation of the petroleum industry in Australia.

As Minister Husic's announcement marks the second time the Australian government has announced the PEP-11 proposals to drill gas off the Barrenjoey peninsula has been cancelled, those who have worked to 'turn the tide' are happy, once again, but still cautious about whether this really is the end. 

In recent months Advent has been talking up the potential of using its PEP-11 lease for a proposed CCS program - Carbon Capture Storage (geo-sequestration of CO2 emissions from fossil fuels) - to potential investors. 

PEP11 covers 4500sq/km of ocean, in places just 5.5km from the shore, from Manly through the Central Coast to Newcastle.

Pittwater MP Jacqui Scruby said on Friday, ‘The news that PEP-11 oil and gas exploration proposals have been sunk is a massive victory for the community!

'We've been unanimous in our opposition, and I'd like to acknowledge everyone who campaigned against drilling off our beautiful coast, and we’ve done it. This is the outcome we have fought so hard for, through legislation in NSW and now with this decision by the Commonwealth government.
 
‘It has truly been a community effort - from paddle outs to petitions, Surfrider Northern Beaches' and Surfers for Climate’s ongoing campaigning, and political pressure at both state and federal levels. Thanks to everyone’s efforts and all your care, we’ve successfully protected our beaches and way of life. We can all be proud of what we've achieved by working together and working across political party lines to get this done.
 
‘Industry Minister Ed Husic gave 'public interest' as one of his reasons for refusing PEP-11 applications, and I'd like to thank him for listening to the community when making this important decision. He has followed due process and considered the merits of these applications on the information provided. I am happy that the merits assessment aligns with community sentiment.’

Mackellar MP Dr Sophie Scamps stated, 'Our community strongly opposed the building of oil and gas rigs off our beaches for years. Thank you to all the community groups and everyone who has tirelessly stood up against this.'


Robbi Newman, President of Living Ocean, at work on the LO microplastics analysis project at Careel Bay. Photo: AJG/PON

Previously

Photo by and courtesy Robbi Luscombe Newman - Fantasea Sydney trip one, June 2017.