A last ditch attempt to block the progress of Woodside's application to extend the life of their North West Shelf project has been launched by Murujuga traditional custodian Raelene Cooper in the federal courts.
In February 2022 Cooper - who previously led a successful, albeit short-lived, legal challenge against Woodside Energy's Scarborough gas project - filed Section 10 application under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
More than three years later that request has not been dealt with and on Thursday morning Cooper's lawyers launched legal action to force the new federal environment minister Murray Watt to make a determination on her cultural heritage assessment.
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"Today I am commencing proceedings in the federal Court to force environment minister Murray Watt to address my application for protection of the Murujuga rock art under Section 10 of the Aboriginal and Torres Strait Island Heritage Protection (ATSIHP) Act," said Cooper on Thursday.
"I originally brought this application in early 2022 when I learned how my cultural heritage would be affected if industry was allowed to continue expanding on Murujuga, including Woodside's North West Shelf extension. Many hundreds of people and organisations made submissions in support of my application for urgent protection of this area.
"That was three years ago. For their entire first term, Labor have ignored my application while the devastation to my cultural heritage has continued on Murujuga," she said.
Sections 9 and 10 of the ATSIHP Act enable an Aboriginal person or a group of Aboriginal people to make an application to the environment minister to seek a declaration for the preservation or protection of a specific significant Aboriginal area from injury or desecration. The Act allows the minister to make a declaration if they believe the area is not adequately protected under State or Territory legislation.
The move comes after developments on Thursday when it was revealed that three requests lodged with the previous environment minister Tanya Plibersek to have the North West Shelf application re-assessed had come to nothing.
News of Cooper's intervention comes with just six business days until a decision is due.
Lawyers for Cooper wrote to Plibersek when she was still in office on 16 April 2025 to demand a resolution of the section 10 application before a decision is made about the North West Shelf extension. Since Murray has taken the role, Cooper's lawyers renewed their request with his office and on Wednesday 21 May the Department of Climate Change, Water and Environment (DCCEEW) responded to confirm receipt of her letter.
"I am furious that the minister would make a decision to lock in ongoing and irreversible damage to my country before addressing my application.
"I am sickened that the Minster would make such a decision without even paying us the respect of coming here to meet with the Custodians of this place, and without even seeing the incredible Murujuga rock art with his own eyes.
"The Minster does not even have the respect to come and see for himself what he will be allowing Woodside to destroy.
"There must be an urgent assessment of the ongoing impacts of all industry on the Burrup before any further extensions or expansions are considered. There must be free, prior and informed consent from Traditional Custodians for anything that happens in this incredibly special place.
Whether or not Cooper's legal challenge has the weight to delay Watt's choice will likely be the subject of intense discussions by lawyers in the coming days. Cooper's lawyers are hoping for a date for an urgent listing to be provided on Friday.
"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," said Cooper.
