Activists launch legal challenge as Murray Watt’s North West Shelf call looms

A report on the potential impacts of emissions on the rock art of the Burrup Peninsula has been with the federal minister since 2023.

Indigenous woman Raelene Cooper, who is one of the founders of Save Our Songlines, in front of the North West Shelf gas project.

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The Aboriginal activist leading a push to block Woodside Energy’s North West Shelf extension has lodged a last-minute legal challenge against new Environment Minister Murray Watt.

Raelene Cooper, a founder of Save Our Songlines, on Thursday lodged an application in the Federal Court in an effort to force Senator Watt to make a decision on whether the rock art-rich area surrounding the North West Shelf plant should be granted ­special heritage protection.

Senator Watt, who was sworn in as Tanya Plibersek’s replacement earlier this month, has promised to make a decision on whether to approve Woodside’s plans to extend the lift of the North West Shelf out to 2070 by the end of next week.

Environmental and Indigenous groups opposed to the proposal are growing increasingly concerned Senator Watt will sign off on Woodside’s plans, which have long been a political headache for the federal government.

Ms Cooper originally filed a Section 10 application under the Aboriginal and Torres Strait Islander Heritage Protection Act in February 2022, arguing that industrial emissions and activities on the Burrup Peninsula were putting the region’s one million-plus pieces of rock art at risk.

The ATSIHPA allows the ­federal environment minister to intervene and protect an Indigenous heritage site if state or territory laws are deemed to have not provided effective protection.

Ms Plibersek ordered an investigation off the back of Ms Cooper’s application. The completed report has been sitting with the minister since June 2023 but neither Ms Plibersek nor Senator Watt have yet made a declaration on whether the Indigenous heritage sites need federal protection.

Ms Cooper said the approval of the North West Shelf would lock in “ongoing and irreversible damage” to the Indigenous heritage of the area before her Section 10 application was ­addressed.

“I am sick of waiting for the government to do its job. I have instructed my lawyers to commence proceedings to require the minister to do his ministerial duty and make a decision. If the minister waits any longer, there will be nothing left to protect,” she said.

“If the minister approves the North West Shelf extension before addressing my application, he will be locking in the very threat that I have sought to prevent. That would be a deeply cynical act from a minister which would show utter disrespect for Indigenous culture and heritage.”

Ms Cooper was formerly the chairman of Murujuaga Aboriginal Corporation, the group set up to represent the traditional owner groups of the Burrup Peninsula, but she quit the organisation to establish Save Our Songlines after growing frustrated over MAC’s inability to speak out. She previously led a successful if short-lived legal challenge against Woodside’s Scarborough gas project in the Federal Court.

Her latest legal move came as Senator Watt knocked back applications from several environmental groups seeking to have him expand the scope of his assessment of the North West Shelf.

Environmental groups Greenpeace, the Conservation Council of WA and Living Wonders all learned on Thursday that their requests for expanded reviews had been rejected, adding to expectations Senator Watt is preparing to green-light the North West Shelf.

Greenpeace had argued that Senator Watt should consider Woodside’s proposed works at the Browse gas fields, which will ultimately supply gas for the extension. Those fields sit near the Scott Reef in the Timor Sea.

Greenpeace WA campaign lead Geoff Bice said the decision brought Woodside one step closer to drilling for gas at Scott Reef.

“We are deeply disappointed the impacts to Scott Reef and the threatened species that call it home will not be considered by the minister in regards to Woodside’s proposal to extend the lifespan of its North West Shelf project,” Mr Bice said.

A government spokeswoman said the government was aware of the legal filing but it would not be appropriate to comment given the matter is before the courts.