High Court Ruling Sparks Concern for WA Gas Projects

A recent High Court ruling in New South Wales has sent shockwaves through Western Australia's energy industry, with concerns about the impact on future investment in the state. The ruling, which blocked the planned expansion of a coal mine, has sparked fears that similar projects in WA could be affected.

The High Court's decision found that NSW planning authorities were required to consider the emissions caused by using the coal exported from the mine, known as scope 3 emissions. While the ruling is specific to NSW planning laws, the energy industry is worried that it could have far-reaching consequences.

WA Government Seeks Legal Advice

WA Treasurer Rita Saffioti said the High Court's assessment came as a surprise, and that the government was seeking urgent legal advice.

"Everyone was slightly shocked by the decision, [particularly] a state like WA, which continues to develop significant resources to help our trading partners deal with their emissions," she said.

"I'm no legal expert, but it was made in relation to a planning decision in NSW. The question for us is under what guidelines the High Court made their decision, and whether that impacts every state or just the NSW planning framework."

Ms Saffioti said it was likely the decision would require a federal government response.

"The whole nation will need to look at work we can continue to support resources development," she said.

Industry Concerned

Independent oil and gas consultant Jeanette Roberts said the decision affirmed industry fears of "lawfare".

"One of the issues that concerns the industry in general is this lawfare of an approval being given, and then an opportunity for it to be challenged, and the approval rescinded," she said.

Chamber of Minerals and Energy WA chief executive Aaron Morey said the decision was "deeply concerning".

"If we shoot ourselves in the foot and we don't allow the development of these sorts of projects, then what you'll find is that new projects will spring up in other countries with lower environmental controls and standards," Mr Morey said.

"Those are the sorts of issues that we need to more deeply understand," he said.

Environmental Groups Welcome Decision

The Conservation Council of WA executive director Matt Roberts said it was common sense for all environmental and climate impacts of a project to be considered in the approvals process.

"Australia can't wash its hands of the emissions caused when coal, oil or gas that is extracted here ends up being burnt overseas," he said.

Johnson Legal director Elaine Johnson said the decision would be relevant to courts in other jurisdictions.

"The High Court of Australia has issued its first climate ruling, so obviously the content of that decision is going to be relevant to other courts in different jurisdictions around the country, including, I would assume, Western Australia," Ms Johnson said.

WA Premier Responds

WA Premier Roger Cook said the decision would not spell the end of the WA Browse gas project.

A Woodside spokesperson said the company was aware of the High Court decision and would review it.