WA's premier says he will not give up on his plan for a massive gas hub in the Kimberley. Source: AAP
DEFIANT West Australian Premier Colin Barnett has attempted to shrug off the embarrassing legal defeat which places even more doubt around the proposed multi-billion dollar gas hub in the Kimberley.
Mr Barnett's dream of a massive onshore gas hub at James Price Point was dealt yet another blow on Monday, when WA's Chief Justice Wayne Martin ruled the environmental approval for the project was unlawful.
The proposed scheme was already in limbo, after energy giant Woodside announced earlier this year it would instead consider processing Browse Basin gas on a vessel stationed far offshore.
On Monday, Justice Martin gave the government another major headache, handing down damning verdicts on its environmental approval process.
Mr Barnett described the ruling as "regrettable" - and signalled the government would fight on.
"The decision relates to the process ... he did not in any way question the environmental conditions or approvals themselves," Mr Barnett said.
"All the environmental evidence and surveys and research has been done over many, many years. I am confident that still stands.
"It is now simply up to the state government to resubmit the environmental evidence and the recommendations on conditions attached to the use of James Price Point. That is, in all likelihood, what we will do."
The Wilderness Society, and Goolarabooloo elder Richard Hunter, had argued conflicts of interest in the Environmental Protection Authority (EPA) assessment process resulted in just one EPA board member - chairman Paul Vogel - making the final decision.
They also said the state's then-environment minister Bill Marmion had erred by granting his approval despite the conflicts. Chief Justice Martin agreed with both arguments.
"The minister's statement that the Browse LNG Precinct proposal could be implemented subject to conditions was not a valid exercise of the powers conferred upon the minister," the judgment said.
Peter Robertson of The Wilderness Society says the onshore project is now "dead and buried".
"Premier Colin Barnett must face facts, drop this unhealthy obsession," Mr Robertson said.
He also called on both Mr Vogel and Mr Marmion to resign, which Mr Barnett dismissed.
Mr Hunter said the ruling was also a vindication for the land's traditional owners.
"Our people are strong - we won't be bullied into a corner by the government," Mr Hunter said.
After Woodside dumped plans for a liquefied natural gas processing facility at James Price Point in April, the WA government went ahead with acquiring the land, saying it wanted to keep the area available for future projects.
Asked why the WA government would not simply abandon its bid, Mr Barnett said: "I don't give up".
It is open to the WA government to appeal against the ruling, but the Wilderness Society warned it would then cross-appeal.
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