SPECIAL INTEREST GROUPS IN THE ENERGY INDUSTRY — WHAT RIGHTS DO THEY HAVE?

Abstract

There is a world-wide trend to increasing social involvement in development projects. This is certainly true in Australia where proponents of developments that impact on a community or affect the environment can expect to be subject to close scrutiny by both government and special interest groups and, occasionally, face militant opposition to their activities.

In recent times the trend is for these differences to be resolved in the courts. While the action that BHP Petroleum took against Greenpeace is well known and represents something of a landmark in Australia, most of the court actions have related to urban land development. Consequently, a body of law has evolved — and will so continue — delineating the general principles to be applied in this area and determining where the balance lies between the resource developer and his detractors.

This paper examines the rights of a special interest group to legitimately review and scrutinise proposals for oil exploration and development, and what recourse it has to the courts to ensure that the proper processes are followed. Conversely, the position of an oil explorer is also considered, in circumstances where a special interest group embarks on a program of interference or obstruction that is contrary to law. The oil explorer faces a difficult decision: either he can take up the cudgels himself and use the legal process to restrain the interference or seek the assistance of the Police and other government authorities.

While the legal balance presently favours the oil explorers, there are indications, both in the courts and through legislative amendment, that this balance may be redressed and tilt back strongly in favour of special interest groups.