Judge rejects Government

WA’s top judge has delivered the Barnett Government a humiliating blow, setting aside its environmental approvals for the contentious Kimberley gas hub as invalid.

In the process, Supreme Court Justice Wayne Martin has demolished the Government’s immediate plans to push ahead and acquire land at James Price Point.

Handing down his judgment on whether the Government’s environmental approvals for project were legitimate, Justice Martin ruled the process had miscarried and the approvals were unlawful.

The judgment came after the Wilderness Society had appealed the approval, which was granted by former environment minister Bill Marmion in November.

Mr Marmion’s approval was based on a report from the Environmental Protection Authority recommending the Browse gas hub go ahead, despite all-but one of its board being removed from deliberations over conflicts of interest.

Two of the four conflicted board members only disclosed their interests at the end of 2011, and were not dismissed from deliberations until February last year.

Although EPA chairman Paul Vogel, who prepared the watchdog’s report alone in a matter of months, insisted the conflicts were of a "procedural" nature and did not compromise the Browse conclusions, Justice Martin disagreed.

The ruling means the Government faces lengthy delays if it wants to realise its dreams of developing a gas processing precinct in the Kimberley.

Environment Minister Albert Jacob said the Government would consider the decision but would not be drawn on a possible appeal.

“We will be considering that ruling very closely and then getting advice from the State Solicitors Office as to where we go from here,” he said.

“Those rulings are generally fairly lengthy and will require some good reading, and some good consideration.”

Wilderness Society director Peter Robertson said today’s events had justified the green group’s concerns over the James Price Point process and discredited the Government’s claims its environmental approvals for the project were sound.

Mr Robertson said the EPA should never have proceeded to deliberate on its report for the project while conflicted board members were present and Mr Marmion should never have accepted its recommendations given such issues.

Asked whether Justice Martin’s ruling had implications for Dr Vogel’s position as EPA chairman, Mr Robertson said it clearly threw into doubt his judgment but his employment was a matter for Government.

However, he said Mr Marmion, who is now Mines and Petroleum Minister, should be sacked, claiming he was ultimately responsible