Offshore petroleum and the Environment Protection and Biodiversity Conservation Act 1999 (Cth): Consideration of "all adverse impacts"

Offshore petroleum and liquefied natural gas extraction is of huge economic importance to the Australian economy. The environmental assessment of impacts from extraction has previously been solely linked to the actual activity being undertaken. Currently, conditions are only incorporated when the action will have or is likely to have a significant impact on listed threatened species and communities, listed migratory species and the marine environment. With recent court decisions involving the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and matters of national environmental significance, the Minister must now fully address "all adverse impacts" of an offshore operation. Further, the Minister's inquiry must be a "wide one" and include all third-party impacts that are not beyond speculation. This article outlines the various environmental impacts associated with offshore petroleum and possible third-party impacts. This article suggests that although the Commonwealth has responded positively with the introduction of a number of legislative and policy regimes to minimise these impacts, it has continued to allow the potential third-party impacts to continue unassessed, possibly causing catastrophic impacts on the environment. The Commonwealth must seriously consider the full environmental implications of the action rather than merely the economic and social implications when approving actions and/or placing conditions on offshore petroleum activities