Dear Prime Minister Anthony Albanese
Minister for the Environment and Heritage Murray Watt
Minister for Climate Change Chris Bowen
Assistant Minister for Climate Change and Energy, Josh Wilson
Parliament House
CANBERRA ACT 2600S
Urgent - Consultation on Proposed Decision regarding the North West Shelf Extension Proposal
Minister Watt, we were pleased to hear your commitment that ensuring widespread community consultation on projects undergoing environmental assessments will be a hallmark of your tenure in the role as Minister for the Environment and Water.
We understand that a Proposed Decision has been made on the North West Shelf extension proposal under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), and that the proponent, Woodside Energy Ltd, has been notified of this Proposed Decision and afforded a 10-day period to provide comment.
As you know this is one of the most significant decisions that has or will ever be made by any Australian Minister for the Environment. We are deeply disappointed and alarmed that an approval decision of any kind would be contemplated for this project. Serious and critical new information has been released publicly in the last week and we strongly urge the Minister to allow public comment on the Proposed Decision.
Public consultation on the overall environmental impacts of the proposal has never been undertaken at a federal level. The last time public comment was invited on the overall proposal was nearly six years ago - during the WA state EPA assessment in 2019. A huge amount of new information has become available on the impacts and implications of the proposal since that time, including groundbreaking new information released in recent days.
Given the broad public interest, the significance of the proposal, and the new information that has come to light, we believe that consultation on the Proposed Decision and conditions with only the proponent cannot allow for an appropriately informed or responsible decision.
Given the particular significance of this decision to Traditional Custodians, and the principles of free, prior, and informed consent (FPIC) under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) to which Australia is a signatory, we consider that proceeding with a final decision without allowing broader consultation is also inconsistent with Labor’s public commitments to uphold First Nations rights.
We urgently and respectfully ask that you allow consultation with Traditional Custodians, experts, other affected parties and the broader Australian public on the Proposed Decision and conditions.
We note that you are empowered to undertake public consultation under s 131A of the EPBC Act, as follows:
131A Inviting public comment before decision
Before the Minister decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, he or she may publish on the internet:
(a) the proposed decision and, if the proposed decision is to approve the taking of the action, any conditions that the Minister proposes to attach to the approval; and
(b) an invitation for anyone to give the Minister, within 10 business days (measured in Canberra), comments in writing on the proposed decision and any conditions.
We further draw your attention to the information that has become available since the last public comment period, that indicates the appropriateness of a public comment period:
1) Threat to World Heritage Values. The recommendation reports from ICOMOS and the IUCN, released on the same day the Proposed Decision was announced, have found that while the Murujuga Cultural Landscape is worthy of listing as a World Heritage Site, ongoing industrial development and acidic emissions on the Burrup Peninsula represent threats to the ongoing integrity of the Murujuga Cultural Landscape. As such, those bodies have recommended the nomination be referred back to Australia for further conservation action prior to a listing decision. These documents identify the North West Shelf facility as the biggest threat to the rock art; and have recommended the removal of all acid gas emissions and the development of decommissioning and rehabilitation plans for industrial facilities in Murujuga.
2) New rock art monitoring data. The 2024 Murujuga Rock Art Monitoring Program was released late last week. The report findings demonstrate clearly that Murujuga rock art has, and is, being impacted by industrial emissions. The release of the report has also been met with startling revelations regarding alleged misrepresentation and interference by the West Australian government, from multiple scientists including a participant in the program.
3) Climate change impacts (including on Australia’s National Heritage Places). The EPBC process for this proposal requires the Minister to assess and consider the impacts on National Heritage Places. Recent science shows that the estimated 4.3 billion tonnes of CO2 resulting from this proposal would have profound impacts on many such places that have not been properly considered or assessed in the process to date.
4) Traditional Custodians have called for further consultation. Many Traditional Custodians and Aboriginal organisations have called upon the Minister to visit the site and consult with them directly about the impacts of the proposal on the Murujuga Cultural Landscape, and measures that may be taken to manage those impacts. Such consultation would be consistent with the right of FPIC under UNDRIP.
5) New information regarding economic impacts, given uncertain future gas supplies. There is considerable new information and analysis demonstrating that the claims being made in justification of the proposal (for example that it will provide energy security and economic benefits) may be misleading. Given the uncertainty of offshore gas to supply the North West Shelf export facility, this facility is already placing a very large (and growing) demand on WA’s onshore domestic gas reserves, resulting in the diversion of gas from the domestic market and flow on WA gas and energy price impacts. New analysis from The Australia Institute estimates that around $215 billion worth of gas is likely to be given away to Woodside royalty-free over the life of the project.
6) New information is available regarding best practice emissions control measures. Since the previous consultation process, information has become available on the availability of electrification and other pollution control equipment for LNG facilities that can reduce harmful emissions to near zero.
Your prior commitments to public consultation on critical decisions is welcome, and we urge you to adopt that same standard in relation to this contentious decision. This project, perhaps like no other you will make as Minister, requires a careful weighing of the public interest. In order to meet the requirements of the EPBC Act in this regard, we submit to you that public consultation on your Proposed Decision is now essential.
Thank you for your urgent attention to this matter, we respectfully look forward to your positive response.
Signed:
- Naomi Howells, Anthropologist
- Emeritus Professor Alex Gardner
- Professor Andrew Blakers AO FAA FTSE FRSN
- Arid Lands Environment Centre
- ARRCC (Australian Religious Response to Climate Change)
- Asian Australians for Climate Solutions
- ACE EV Group
- Australian Conservation Foundation
- ACF Community Canberra
- Australian Youth Climate Coalition
- Australian Rock Art Research Association, Inc. (AURA)
- Bill Hare, Climate Analytics
- Bob Brown Foundation
- Dr Carmen Lawrence
- Dr Carolyn Tan
- Christine Milne AO
- Climate Council
- Climate Action Monaro
- Climate Action Merribek
- Climate for Change
- Climate Integrity
- Climate Safe Solutions
- Conservation Council ACT
- Conservation Council SA
- Conservation Council WA
- Currie Country Social Change
- Darebin Climate Action Now
- David Silalahi - RE100 Group ANU
- Doctors for the Environment Australia
- Dr Deborah O’Connell, climate and disaster resilience specialist
- Eco Profit Management Pty Ltd
- Environment Centre NT
- Environment Tasmania
- Environment Victoria
- Environment Council of Central Queensland
- Extinction Rebellion South Australia
- Professor Fiona Stanley
- Friends of Australian Rock Art
- Glen Eira Emergency Climate Action Network
- Geoff Cousins
- GetUp!
- Graeme Wood Foundation
- Groundswell Giving
- International Federation of Rock Art Organizations (IFRAO)
- Janet Holmes à Court AC
- Dr Jennifer Kent
- Jenny Smithers Convenor Lighter Footprints
- Jo Vallentine former W.A. Senator
- Dr John L Black - Scientist studying the impacts of acidic emissions on the Murujuga petroglyphs
- Jubilee Australia Research Centre
- Dr Kate Wylie
- Ken Mulvaney
- Klaus Weber, Professor of Engineering
- Kooyong Climate Change Alliance
- Lighter Footprints
- Market Forces
- Dr Michel Lorblanchet-Directeur de recherches honoraire au CNRS-France (former research consultant at the Australian National institute of Aboriginal Studies- Canberra)
- Midwest Carbon Zero
- Hon Melissa Parke, former Federal Member for Fremantle
- Nature Conservation Council NSW
- Neighbours United for Climate Action (NUCA)
- Nillumbik Climate Action Team
- OCEAN (Otway Coastal Environment Action Network)
- Parents for Climate
- Hon. Peter Dowding
- Peoples Climate Assembly
- Professor Peter Newman
- Project Planet
- Public Galleries Association of Victoria (PGAV)
- Rhydian Cowley OLY - 2024 BBC Green Sports Awards World Athlete of the Year
- Rob Davis - Retired Engineer
- A/Prof Rob Eisenberg
- Hon. Robin Chapple
- Save Our Songlines - Raelene Cooper
- Smart Energy Council
- The Australia Institute
- The Carbon Farming Foundation
- The Sunrise Project
- The Wilderness Society
- Vets for Climate Action
- Vote Earth Now
- WA Climate Leaders
- Yarra Climate Action Now
- Cairns & Far North Environment Centre
- Parramatta Climate Action Network