Controversial gas project extension sparks legal action
An energy giant has vowed to “vigorously defend” two legal challenges sparked by the controversial expansion of Australia’s largest gas project next to ancient Aboriginal rock art.
Woodside will weigh in on the landmark legal battle over the federal government’s approval of the extension of the North West Shelf gas hub in Western Australia to 2070.
The first legal challenges to September’s state approval were launched by conservation groups seeking to rescind the 40-year extension and preserve nearby World Heritage-listed rock art.
The Australian Conservation Foundation has launched Federal Court proceedings in Melbourne to challenge Environment Minister Murray Watt’s approval of an extension to the Pilbara project.
Friends of Australian Rock Art have also begun a Federal Court appeal against the minister’s decision in a bid to prevent continued damage to the Murujuga rock art and other cultural heritage values in the area.
Court challenges oppose Senator Watt’s decision due to concerns that the North West Shelf facility would greatly contribute to the adverse effects of climate change and damage 40,000-year-old rock art near the facility.
But on Monday Woodside confirmed it would appeal the actions.
“Woodside plans to vigorously defend its position in these cases,” the company said in a statement.
“The federal government’s approval follows a comprehensive and expanded evaluation conducted by both state and state regulators in accordance with due process.”
The extension of the North West Shelf project was referred to the federal regulator in November 2018 and has been under evaluation for about seven years, Woodside said.
Lawyers for the Australian Conservation Foundation argue that Senator Watt incorrectly considered the economic benefits of an unapproved Browse gas project (a separate Woodside proposal to develop a gas field off the Kimberley coast) in his reasons for approving the North West Shelf expansion.
They claim that the minister gave the green light to the project without knowing the details of the gas it would process and what kind of pollution it would cause.
The Foundation stated that Senator Watt did not consider the physical effects of climate change as an “impact”.
“ACF has not taken this decision lightly…despite the risks of litigation, we feel this is the right time to appeal the minister’s decision,” Adam Beeson, the charity’s general counsel, told AAP.
The foundation said research published in 2024 showed lifetime emissions from the North West Shelf hub would be more than 13 times Australia’s annual emissions from all sources.
“We challenge the lawfulness of Minister Watt’s approval of this gas hub expansion, which is the centerpiece of the most polluting gas project in the southern hemisphere,” Mr Beeson said.
Friends of Australian Rock Art said the challenge was launched following ongoing WA Supreme Court litigation challenging state approval of the North West Shelf.
His lawyers argue that the approval for the center expansion is invalid because the minister failed to properly take into account the economic and social harm that would result from continued damage to the Murujuga heritage.
They said the Minister accepted that the proposal would affect heritage values but considered these impacts to be acceptable given the economic benefits claimed by Woodside.
Friends of Australian Rock Art co-convenor Susan Swain said the Murujuga rock art contained the oldest and most comprehensive rock art on the planet, including the oldest recorded depiction of a human face.
“It is very disappointing that this time we have a decision at the federal level that does not appear to comply with the requirements under the law,” he said in a statement.
Senator Watt has been contacted for comment.
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