Article by Nadia Budihardjo, courtesy of Business News.
The state administrative tribunal has handed down a decision, the latest in the legal proceedings between the Shire of Ashburton and Onslow Marine Supply Base over the decommissioning of Chevron’s gas platforms.
Privately-owned OMSB started works to prepare for the decommissioning of offshore gas infrastructure, relating to Chevron’s operation on Thenevard Island off the coast of Onslow, in late 2023.
A marine base was set up the dismantle the oil and gas platforms, but the shire claimed OMSB did so without obtaining appropriate planning approvals.
The shire directed OMSB to stop carrying out the preliminary works, over multiple directions in late 2023 and early 2024.
OMSB’s application for retrospective development approval of the works relating to a sub-surface liner installation was also refused by the shire, according to the tribunal’s decision.
After multiple related proceedings, the tribunal yesterday decided to set aside the shire’s refusal and grant approval for OMSB’s works.
“For these reasons, I am satisfied and I find that the works associated with the installation of the sub-surface liner, and for which OMSB applied for retrospective approval, constitute development for which approval is required,” SAT deputy president Henry Jackson said in the decision.
“As I have previously noted, the shire agrees that, in those circumstances, development approval should be granted.
“I see no reason why that should not occur. That is, I find that the correct and preferable decision is for approval to be granted.
“I will therefore order that the shire’s decision to refuse the application for development approval is set aside and is substituted with a decision by which the approval sought is granted subject to conditions.”
However, judge Jackson also dismissed OMSB’s application to review the shire’s notice to stop work notice.
The shire’s direction would remain in effect and prohibits OMSB from carrying out the activities.
“The [d]irection proceeds on the basis that approval for those activities is both necessary and lacking,” judge Jackson’s decision reads.
“OMSB’s case was that approval had been granted… or that no approval was required, due to [a clause].
“OMSB did not address the question whether, should I find as I have done, I should exercise my discretion and revoke the notice.
“I can see no reason why the fourth direction should not be upheld. In my view the Shire is correct – development approval for the decommissioning activities is necessary and lacking.
“Further, as I have found, the associated noise is very considerable.”
The tribunal also dismissed OMSB’s application for costs.