Cooper v Minister for Environment and Water

[2025] FCA 1009

Raelene Cooper looks at a turtle petroglyph on Murujuga, with Woodside's Karratha Gas Plant in the background. Credit: Save our Songlines

Cooper v Minister for Environment and Water
[2025] FCA 1009
Judicial review seeking orders by way of mandamus requiring the Federal Minister for the Environment and Water to determine an application lodged in 2022 under s10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. These proceedings are filed in the Federal Court of Australia. Acting for Murujuga traditional custodian and Mardathoonera woman Raelene Cooper, who is seeking to protect the ancient Murujuga Rock Art from being harmed by industrial pollution on the Burrup Peninsula in the Dampier Archipelago.

The Murujuga site is the most diverse and largest collection of petroglyphs in the world, continuously recording humankind’s interactions with nature since before the last Ice Age. It is listed as a National Heritage Place and nominated for a World Heritage listing and is threatened by ongoing processing of offshore oil and gas and other industrial developments on the Burrup.

On 25 August 2025, Justice Stewart made orders permitting Ms Cooper to relist the matter if the Minister had not determined her s10 Application by 12 September 2025. Justice Stewart made the following findings of fact:

[114] I consider that the delay in the Minister making a decision in this case is unreasonable in the legal sense, and it has not been adequately explained. It is perverse that the decision should have taken as long as it has; no considered reason has been given for the delay. The delay is the consequence of oversight and neglect.

The Court ordered, by consent, that the Minister pay Ms Cooper’s costs.