The WA Supreme Court has been asked to overturn the state government's second attempt at compulsory acquisition of the site and rule the $1.5bn compensation deal negotiated with the Kimberley Land Council invalid.
A summons has been lodged in the WA Supreme court against the State of Western Australia, WA Minister for Land, WA Land Corporation, Broome Port Authority, the Kimberley Land Council and others.
Premier Colin Barnett and Woodside have confirmed the action and say they will defend it. A Kimberley Land Council official said no one was available to comment. In a statement, Mr Barnett said: "The agreement reached by a vote of traditional owners was in accordance with the Commonwealth Native Title process under the supervision of the Federal Court. The state government is confident it has acted in accordance with this process and that the second Notice of Intention to Take was valid," Mr Barnett said.
The action alleges the government facilitated an abuse of the federal court process in its dealings over James Price Point.
The new court proceedings come as opponents of the project claim traditional owners are voting to restrict the spread of mining in the Kimberley.
Within days of the latest court action being lodged, Woodside stopped work at James Price Point, removed all of its machinery and buildings and placed "revegetation site" signs around the area. The company said the site had been prepared for the coming cyclone season but there was still work to do this year.