Time to close the loopholes on PEP11

EDITORIAL

Once again, Petroleum Exploration Permit 11 has found its way into the Federal Court.

The proponents, Asset Energy, are challenging the February 2025 ruling that saw the Joint Authority reject the project outright.

Their legal argument, in effect, asks the Commonwealth to reopen the licence process and allow a fresh application.

What makes this moment remarkable is not the persistence of the company but the complete rejection of the project at every level of government.

Both Federal and NSW governments have said no – the State has even legislated against offshore exploration – and every major political party and local council along the coast have recorded opposition.

The community’s position has been clear for years: offshore gas has no social licence here.

Yet the legislation that governs offshore exploration continues to offer multiple legal avenues for companies to revive projects long after they’ve been put to bed politically and socially.

Communities are forced back into the courtroom, again and again, while the industry continues to test the boundaries of the law.

This case is not just about PEP11; it’s about the credibility of Australia’s exploration regime.

If legislation allows endless reapplications in defiance of parliaments and people, then it is legislation out of step with the times.

It is long past time for a serious review of these laws.

Coastal communities deserve certainty and a process they can trust.

A regime that continues to favour persistence over public interest only erodes confidence in government and fuels community frustration.

PEP11 should not become a revolving door.

It should be the final straw that pushes Canberra to modernise exploration law and put people, parliaments, and our coastline ahead of speculative ventures.

David Abrahams – Managing Editor