Pilbara traditional owner launches legal challenge to stall North West Shelf gas decision
A Pilbara traditional owner has launched a last-minute legal bid to halt the federal government's decision on an extension of Woodside's North West Shelf gas project.
Lawyers for Raelene Cooper, a Mardudhunera woman and founder of the activist group Save our Songlines, filed the order yesterday at the Federal Court in Sydney.
"I'm proud to be speaking on behalf of my people," Ms Cooper told the ABC.
Woodside Energy is seeking to extend its Karratha North West Shelf gas facility, about 1,500 kilometres north of Perth, for another 40 years.
It was given the go-ahead by the Western Australian government in December following a six-year assessment, but still requires Commonwealth approval.
Federal Environment Minister Murray Watt has pledged to deliver the twice-delayed ruling by the end of next week.
Ms Cooper's legal action demands Mr Watt first resolve an application lodged in February 2022, calling for the ancient rock art of Murujuga National Park to be protected.
The application, submitted by Ms Cooper under Section 10 of the 1984 Aboriginal Heritage Protection Act, argues Woodside's industrial developments on the Burrup Peninsula pose a threat to thousands of Aboriginal petroglyphs.
Section 10 allows the minister to make a declaration for the preservation of significant cultural heritage areas and halt works that could cause "injury or desecration".
The federal government committed $17.7 million in its 2024-25 budget to reduce the backlog of Section 10 applications still awaiting a declaration.
"It's absolutely ludicrous," Ms Cooper said.
"I expect a decision and expect an answer.
Ms Cooper has previously taken legal action against the government and resources companies over the development of the Pilbara.
In 2023, she successfully suspended approval for Woodside's approval to carry out seismic testing off the Pilbara coast.
Ms Cooper said she hoped the application would factor into the minister's potential extension of the North West Shelf project, which is expected in the coming weeks.
Murujuga is home to some of the planet's oldest known rock art, and is nominated for UNSESCO World Heritage listing.
The impact of industry emissions on the area, however, remains contentious.
"How does the government actually say in one breath, '[There is] universal value in this place', and then, in the next breath, 'Yeah, just destroy it all,'" Ms Cooper said.
In 2019, the state government announced a $27 million partnership with the Murujuga Aboriginal Corporation (MAC) to monitor the effects of air quality on the petroglyphs.
The program's interim findings were inconclusive, although Mr Watt told ABC Perth this week that the most up-to-date data would inform his decision.
Ms Cooper's 2022 application includes testimony from several Pilbara traditional owners, describing fears that the environment and rock art would be harmed by further industry.
In the time since that application was submitted to the federal government, then-Environment Minister Tanya Plibersek approved a $4.5 billion fertiliser plant outside Karratha despite those same concerns.
"They've ripped up several hills to put in the Perdaman project since my Section 10 has been … submitted to government," Ms Cooper said.
"It's been absolutely excruciating having to wait and then go back and forth to government."
Mr Watt's decision on the North West Shelf follows a two-day trip to Perth, where he met with environmentalists, Indigenous groups, and business leaders on a range of policy issues.
No Pilbara traditional owner groups or delegates were present at those meetings.
Sean-Paul Stephens is the chief executive at Ngarluma Yindjibarndi Foundation (NYFL), the representative body for the land subject to Mr Watt's environmental approval.
NYFL has been party to a land access agreement with Woodside since 1990.
Mr Stephens said his organisation had not heard from Mr Watt, despite multiple requests to his office.
"We're expecting them to come back with a proposed meeting date, but we would have preferred to have that date lined up this week while there's meetings going on in Perth," he said.
"Any decisions that affect country, and affect the social, cultural and economic wellbeing of the First Nations community should be made or, at least, be informed while being on country.
Mr Watt did not comment on the matter, despite multiple requests from the ABC.
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