Browse hit by more litigation | The Australian:
WOODSIDE'S $35 billion Browse development has been hit with fresh legal action to overturn environmental approvals for the project because of conflicts of interest on the West Australian Environmental Protection Agency board.
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Conflicted EPA board members on Country with Goolarabooloo 2011 |
Traditional owner Richard Hunter and the Wilderness Society of Western Australia have launched action in the Supreme Court seeking a judicial review of decisions taken by the EPA and state government to allow construction of the Browse gas processing facilities at James Price Point.
If successful, the action could force the Browse joint venture
partners to restart environmental approvals for the James Price Point
development.
The court action could lead to another delay for the
controversial gas project that has split local and indigenous groups in
the Broome community.
It follows Supreme Court action started last
month on behalf of traditional law boss Phillip Roe, who claims the
Kimberley Land Council had been placed under "improper pressure" by the
WA government. It also follows warnings to business by environment
groups of a spike in US-style litigation against resource developments
to challenge environmental approvals from the states.
The Business Council of Australia has pushed for the federal
government's decision-making powers to be delegated to state governments
to cut "green tape".
Wilderness Society national director Lyndon
Schneiders said the James Price Point approval showed the "folly" of the
BCA approach. "JPP is a case study of how not to build public
confidence in the capacity of state governments to be entrusted with the
protection of the natural and cultural environment," he said.
The
EPA's approval for the Browse development has been mired in controversy
due to declared conflicts of interest by board members in relation to
the project.
The Browse report was released by EPA chairman Paul
Vogel, acting alone after the other four board members were required to
stand aside due to conflicts of interest. The West Australian
Environment Minister's approval was based on Mr Vogel's recommendation
alone. The court action claims three of the conflicted EPA board members
had extensively deliberated on the Browse LNG precinct at James Price
Point before being stood down only at the end of the process.
In a
briefing on the court proceedings, Mr Hunter and the Wilderness Society
of WA said the EPA was set up to be independent and avoid conflicts of
interests by requiring that at least three non-conflicted board members
were needed to make a decision.
The Supreme Court action is
seeking orders to quash the approval and to quash the assessment report
for any use in any further approval.
The Wilderness Society said
the failure of the EPA and West Australian government to follow proper
process had placed legal uncertainty over next year's June 30 deadline
for the Browse final investment decision.