Australian Government and Asset Energy agree to resolve PEP-11 litigation

The Australian Government and Asset Energy have agreed to settle the ongoing Petroleum Export Permit 11 (PEP-11) litigation and have filed proposed consent orders with the Federal Court of Australia.

If the Federal Court of Australia accepts the proposed consent orders, the PEP-11 judgement will be returned to the Commonwealth-New South Wales Offshore Petroleum Joint Authority for review.

As the NSW member of the Joint Authority, the NSW Government will initially consider its position concerning the project as an appropriate decision-maker under the Offshore Petroleum and Greenhouse Gas Storage Act (2006).

The Federal Government will then consider the matter after the NSW member of the Commonwealth-New South Wales Offshore Petroleum Joint Authority has done so.

Asset Energy in the Federal Court contested Scott Morrison’s decision to deny applications related to PEP-11.

Asset Energy initiated legal action when it was revealed that Morrison had surreptitiously sworn himself to the resources portfolio and four other state departments without informing his Cabinet colleagues or the public.

According to the Commonwealth Government, the Bell Inquiry confirmed the Solicitor-conclusion General’s that the principles of responsible government were “fundamentally undermined” because Morrison was not “responsible” to Parliament, and thus to the electors, for the departments he was appointed to run.

The Government said if the consent orders are granted, Morrison’s decision to dismiss applications for PEP-11 will be reversed, and the PEP-11 application will be sent to the Commonwealth-New South Wales Offshore Petroleum Joint Authority for a new determination.

Minister for Resources Madeleine King MP welcomed the agreement to resolve the court proceedings.

“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. Australians quite rightly expect this of their elected leaders,” Minister King said.

Minister King added, “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 matters.”