Climate and rock art advocates challenge Woodside's 'carbon bomb' WA gas project in federal court

The Australian government's decision to approve one of the world's biggest gas projects in Western Australia is now facing a legal challenge. This situation is seen as a major test for Australia's environmental laws and how they handle the climate crisis.

Two groups, the Australian Conservation Foundation (ACF) and Friends of Australian Rock Art (Fara), are taking legal action this week against the extension of Woodside's large North West Shelf gas export project. The environment minister, Murray Watt, approved the project last year, which led to strong reactions from environmentalists and the Greens political party.

This approval allows Woodside's gas processing plant in Karratha to continue operating until 2070. Critics have labelled the project a 'carbon bomb', and the ACF estimates it will release approximately 4 billion tonnes of carbon dioxide into the atmosphere. This amount is roughly equivalent to Australia's total annual emissions for about 10 years.

The gas plant is located next to the Murujuga Indigenous rock art site. This area contains over a million petroglyphs, some dating back 50,000 years, including what is believed to be the oldest known image of a human face. In a notable development, a United Nations special rapporteur has been permitted to join the case, offering advice to the court regarding Australia's international climate commitments.

Representatives from Fara, ACF, and their supporters gathered outside the federal court in Melbourne. The ACF is arguing that the minister made an incorrect decision by not fully considering the significant impact of the gas plant's emissions on Australia's environment. Specifically, they claim the minister failed to properly assess if these emissions could be a 'substantial cause' of damage to the protected environment.

The conservation group also plans to argue that the minister lacked sufficient details about the type of gas the plant would process, especially since it will include gas from future projects that haven't been approved yet. Furthermore, the ACF will contend that the minister inaccurately weighed the claimed economic advantages of the gas plant, an argument also supported by Fara.

Critics, including Fara, believe that pollution from the gas plant is already damaging the ancient rock art through erosion, and extending the project will worsen this. While official monitoring has largely downplayed these concerns, some scientists remain doubtful. The minister's own report acknowledged that future pollution could lead to 'degradation, damage, notable alteration, modification, obscuring or diminishing' of the area's natural heritage.

During the court proceedings, Fara attempted to obtain records of meetings between Minister Watt and Woodside regarding the project's approval conditions, but the court rejected this request. Fara's main argument is that the minister did not adequately identify the risks the project poses to the rock art. Fara, a volunteer organisation established 20 years ago, was instrumental in securing the area's national heritage status in 2007, which triggered the assessment under federal environmental laws.

The UN special rapporteur on human rights, Astrid Puentes Riaño, has been granted permission to act as a 'friend of the court'. She has submitted written statements to the court outlining Australia's environmental duties under international law. This intervention references a significant International Court of Justice ruling that stated nations must prevent harm to the climate system, and failing to do so could result in reparations.

A Woodside spokesperson stated that the government's approval followed a thorough assessment process and that, as the matter is in court, they would not comment further. Minister Watt also indicated he believes his decision aligns with Australian law and will present this argument to the court, adding that further comment would be inappropriate while the case is ongoing. The court case is scheduled to continue throughout the week, with an additional session planned for the following Monday.