Woodside’s North West Shelf hit with another legal challenge

Friends of Australian Rock Art will argue that WA did not adequately consider the impact of the North West Shelf on climate change and Aboriginal petroglyphs.

Rock art pictured at Murujuga where Woodside wants to extend its North West Shelf gas project for another 40 years. Picture: Save Our Songlines

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A second legal challenge against the approval of Woodside ­Energy’s North West Shelf ­extension has emerged, with ­activist groups this time targeting the West Australian government’s decision to green-light the project.

Friends of Australian Rock Art has filed legal proceedings in the WA Supreme Court, arguing that the state government did not give adequate consideration to the impact of the North West Shelf extension on climate change and the ancient Aboriginal petroglyphs in the surrounding area.

Woodside’s plan to extend the life to the huge North West Shelf gas plant out to 2070 has been aggressively targeted by environmental groups, Indigenous campaigners, and Greens and teal MPs.

Federal Environment Minister Murray Watt late last month conditionally approved Woodside’s plans, although last week the parties confirmed they were still in discussions about the ­requirements put forward by the government.

In a statement, Friends of Australian Rock Art said WA’s then-environment minister Reece Whitby did not properly follow the requirements of the Environmental Protection Act when he approved Woodside’s proposal late last year.

The group said it would argue that WA’s assessment failed to consider the climate change impact of the project, including its so-called Scope 3 emissions created when gas exported from the project is burned overseas.

Woodside Energy's Karratha Gas Plant – one of the largest liquefied natural gas projects in the world. Picture: supplied

It is calling on the court to set the original decision aside and require new state Environment Minister Matthew Swinbourn to reconsider the application.

Friends of Australian Rock Art co-convener Judith Hugo said her organisation believed that WA had approved the North West Shelf without the “meaningful” consideration of its climate change impacts as ­required under the law.

“It is clear that the state government is providing enthusiastic support for Woodside’s ongoing gas exports, but that does not detract from the obligation to follow the requirements of our legislation, and that means ensuring the impacts are properly assessed and managed to acceptable levels before any approvals are granted,” she said.

Ms Hugo said there was “clear and compelling scientific evidence” that pollution from Woodside’s gas projects were making climate change worse and were harming the rock art of the Burrup Peninsula.

“The North West Shelf ­extension will cause pollution equal to 12 coal-fired power stations every year until 2070, however the vast majority of these emissions were ignored by the WA minister in approving the proposal,” she said.

The WA approval requires Woodside to “consider reasonably practicable options for ­reductions in Scope 3 emissions” as part of its conditions. It also ­requires Woodside to ensure that no emissions from the project accelerate the weathering of the rock art in the area.

Senator Watt’s conditional federal approval is already the subject of a separate legal action from the Indigenous founder of Save Our Songlines, Raelene Cooper.

The Federal Court is due to consider Ms Cooper’s case in Sydney later this month.

Rock art pictured at Murujuga where Woodside wants to expand its North West Shelf gas project for another 40 years. Picture: Save Our Songlines

A spokesman for Woodside confirmed the company was aware of Friends of Australian Rock Art’s proceedings.

“We have confidence in the robustness of the state government’s comprehensive approval process,” he said.

“As the matter is before the court, we have no further comment.”

The office of WA Premier Roger Cook was also approached for comment.

Earlier on Monday, Mr Cook told reporters that the agreed extension for Woodside to consider the federal government’s proposed conditions was a matter for those two parties.

“What it does show is that they are deeply engaged at the moment and those conversations are going well. So I’m very pleased to see that Murray is taking a flexible view about the timelines that they are working within,” Mr Cook said.

“I know from Woodside that those conversations are constructive and going forward. But I’m patient and I’m sure Woodside will continue to be patient as they work through these issues.”

Mr Cook on Monday listed the support for the approval of the North West Shelf as one of the key highlights of the first 100 days of his government.