Environmental Lawyers Warn That Quick Approval Process for North West Shelf Could Face Judicial Challenges
Peter Dutton, leader of the federal Coalition in Australia, has pledged to make a decision on extending the North West Shelf gas project within 30 days of taking office, should he secure victory in the upcoming election.
This commitment has drawn scrutiny from legal professionals concerned about potential issues regarding apprehended bias in the decision-making process.
Environmental lawyer Elaine
Johnson has highlighted that declaring a clear stance on the project before taking office could risk claims of bias, as it suggests a predetermined outcome before reviewing substantial evidence.
Johnson noted the impracticality of guaranteeing lawful approval within such a short timeframe without a thorough review of all relevant materials.
The Coalition’s promise includes the expansion of Woodside's North West Shelf project, which aims to extend its operational life until 2070. This initiative has become a cornerstone of their energy policy leading into the election, with expectations that gas will be a significant topic in Dutton's forthcoming budget reply.
The current Environment Minister, Tanya Plibersek, has not yet received a decision brief from her department regarding the project, despite repeated extensions on the project deadline.
Shadow Environment Minister Jonno Duniam stated that a Dutton-led government would deliver a decision on the North West Shelf extension promptly within the designated 30-day period, a timeline Duniam deems feasible.
Duniam also emphasized that any approval granted would likely face legal challenges from environmental groups, regardless of the process followed.
He criticized the framing of project approvals by the opposition, arguing that environmental organizations are adept at finding legal grounds for appeals.
The North West Shelf project had been under consideration by Western Australian authorities for six years before receiving endorsement from the state's environment minister last year.
Duniam argued that a decision could be expedited responsibly, reflecting the expectations of both the industry and the community.
The Labor government, on the other hand, has condemned Dutton’s remarks, with Resources Minister Madeleine King describing them as deeply concerning and likely to jeopardize any future approval processes.
King's critiques underline the risks of introducing the notion of apprehended bias, which she articulated as detrimental to the integrity of governmental decision-making.
Concerns have also been raised regarding the project's proximity to Murujuga, an area known for its ancient rock art, recognized as a site of both national and international significance.
Johnson has advocated for rigorous assessments to be conducted for any developments impacting this historical site, emphasizing the need for comprehensive scrutiny given its cultural importance.