Woodside Petroleum doesn’t expect its $30 billion Browse project will be delayed by a court deeming the compulsory acquisition of land for the processing hub as invalid.
The West Australian government in September last year started the process of compulsorily acquiring land at James Price Point, north of Broome, for a planned multi-user liquefied natural gas (LNG) processing hub, worker accommodation and a light-industrial estate.
Premier Colin Barnett had, since 2008, threatened to seize the land as he was frustrated by legal disputes among native title claimant groups and wanted to see the project advance.
But Chief Justice Wayne Martin of the WA Supreme Court on Tuesday declared three notices of land acquisition were invalid, saying they did not contain clear descriptions of the land required, which was needed under the Land Administration Act.
Woodside recently started land clearing at the James Price Point site, prompting protesters to set up camp, and aims to make a final decision to proceed with the development by mid next year.
A Woodside spokeswoman said the court ruling on Tuesday would not delay the project.
“The provision of the land for the Browse LNG precinct is a matter for the state,” she said.
“We don’t believe that this result will impact on the project schedule.”
However, Michael Orlov, a lawyer for the Goolarabooloo people’s representative Phillip James Roe, said Woodside faced delays.
“The minister wanted to be in a position to assure Woodside that they would have security of tenure by the end of this year, so Woodside can make an investment decision next year,” Mr Orlov said.
“That’s not possible at this stage.”
Mr Orlov said it would take Lands Minister Brendon Grylls about 12 months to submit fresh notices of intent to take land in the area.
In the meantime, proceedings to declare a songline area at the site under the Aboriginal Heritage Act was set to commence as early as next week, Mr Orlov said.
Asked whether the proceedings could halt the Browse development, Mr Orlov said “yes, they can”.
“Any ground-disturbing work in the area should have been approved by the minister under the Heritage Act,” he said.
“It hasn’t been, so until that approval is obtained, it may well have an impact (on the development).”
