Action item 14.25
Progress
Complete.
Approved by decision makers.
Recommendation implemented.
That prior to any further production approvals being granted, where litigation is brought genuinely in the public interest, costs rules be amended to allow NT courts to not make an order for the payment of costs against an unsuccessful public interest litigant.
Completed
Department of Industry, Tourism and Trade
Action item update
Implementation
The Petroleum Legislation Amendment Bill 2022 was introduced in the Legislative Assembly on 12 October 2022, passed on 1 December 2022 and assented to on 16 December 2022. Refer to Special Gazette S64 published on 19 December 2022 on the Northern Territory Government website.
Amendments to the Petroleum Act 1984 will give Northern Territory Courts and Tribunals the discretion, not to make an order for payment of costs against an unsuccessful public interest litigant.
This means third parties who challenge administrative decisions in a manner that is genuinely in the public interest, may no longer have to pay the costs of the other party if they are unsuccessful. A matter of genuine interest would not include a vexatious matter.