Woodside is facing further delays on its North West Shelf project in Western Australia's Pilbara due to a second court challenge to its application for an extension by the Friends of Australian Rock Art (FARA), funded by Janet Holmes à Court.

Last week, the environmental group lodged papers in the Supreme Court to seek a judicial review of the WA government's conditional approval of the application for the Karratha-based project. 

The following day, the papers were served on WA environment minister Matthew Swinbourn, challenging the environmental approval granted by his predecessor, Reece Whitby, in December last year. 

Commenting on the legal action, Judith Hugo, FARA's co-convenor, said: "We can no longer stand by as Ministers make decisions to enable Woodside's highly polluting gas developments while conveniently ignoring the legislation intended to protect our environment and heritage. 

"FARA has taken the step to commence these proceedings in the WA Supreme Court to ensure that the serious and ongoing impacts of Woodside's North West Shelf proposal are properly examined as required under the Environmental Protection Act." 

FARA will argue that the state's decision must be overturned because the Environmental Protection Act's requirements were not followed properly. FARA claims the state assessment failed to consider the impact of climate change that would result from the project (including Scope 3 emissions) on the environment, which includes the Murujuga rock art landscape. 

"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," said Hugo. 

"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.  

"Our case aims to require the government to rectify this fundamental omission, so that the impacts of Woodside's carbon pollution can be understood.  

The proceedings could have implications for the project's outstanding Commonwealth approval, which relies on the state assessment in an accredited assessment process under the EPBC Act. 

FARA backing

The move from FARA comes weeks Holmes à Court, the widow of late WA billionaire Robert Holmes à Court and mother of Climate 200 founder Simon Holmes à Court, called on the environment minister Murray Watt to think hard about the implications of passing the Woodside application, a move which would likely be the subject of a legal challenge.

At the time, she sidestepped the issue of whether she might help to bankroll a lawsuit.

 

"There will be funders … we have many multiple billionaires in Western Australia and some of them are deeply concerned [about Indigenous affairs and the environment]," she said.

The Woodside application could also be impacted by the outcome of a challenge by Mardathoonera woman Raelene Cooper who is urging Watt to consider her section 10 application to have the Murujuga rock art protected. That matter will be heard on 17 July.

A Woodside spokesperson said they were aware of the FARA legal action and had "confidence in the robustness of the State Government's comprehensive approval process.

Minister Swinbourn has been contacted for a comment. This article will be updated.