THE definition of what should be considered “exploration” was the theme of the two-day court battle between energy giant Santos and community group People for the Plains.
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The court case, which wrapped up in Sydney on Wednesday, revolved around the approval of the company’s Leewood wastewater treatment plant in the Pilliga forest.
People for the Plains says the facility, which was approved under petroleum exploration regulations, is illegal because it could not be classified as necessary for coal seam gas exploration.
The judge presiding over the case, Justice Tim Moore, said he would try to hand down a verdict on or before July 7.
People for the Plains was represented by the NSW Environmental Defenders Office (EDO).
NSW EDO principal solicitor Sue Higginson said the group had a “clear and strong” case, which was “rigorously argued”.
She said Santos argued the water treatment plant was vital to its overall exploration operation.
“If using treated water to irrigate crops is necessary for coal seam gas exploration, where does it ever end? People for the Plains say if that’s the case, exploration could mean building a water treatment plant and having a health spa next door use the water,” Ms Higginson said.
“We demonstrated in a number of ways that building a massive water treatment facility, treating massive amounts of water then disposing of the water through irrigation couldn’t possibly be for prospecting purposes.”
People for the Plains spokesman Rohan Boehm sat through every word of evidence during the two-day trial and said there was “no shortage of legal horsepower on both sides”.
Mr Boehm said he was very comfortable with how the group argued its case.
“I was significantly more confident at the end than I was at the beginning.
“Santos had a very narrow argument and I don’t think they said anything that weakened our argument.
“Put it this way: as a bush lawyer, I couldn’t identify anything in their argument that made me sit back and think, ‘I didn’t think of that’.”
Santos agreed to refrain from using water from the facility for irrigating until July 8, after a request from Justice Moore.
Santos’ general manager of energy NSW Peter Mitchley said the Leewood facility was approved following a “rigorous and detailed” assessment process, which was carried out in accordance with the relevant regulatory guidelines.
“The process included public consultation, and submissions were received and taken into account in making the approval assessment,” Mr Mitchley said.
“We worked through a number of government departments ... [All] were satisfied with the sustainability and safety of the plant.”
