West Australian gas project approval ruled unlawful A whale off James Price Point near Broome, the site of contentious plans for a gas project. Picture: Damian Kelly Source: Supplied THE West Australian government has been dealt an embarrassing blow, with a court ruling unlawful its environmental approval for a planned multi-billion dollar gas hub in the Kimberley. The proposed onshore gas hub at James Price Point is 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, despite fervent backing for a land-based hub by Premier Colin Barnett. Today, Chief Justice Wayne Martin gave the government another major headache, handing down damning verdicts on its environmental approval process. 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. It is open to the WA government to appeal the ruling, but the Wilderness Society warned it would then cross-appeal. It could also mean any environmental approval process for the Browse project may have to be started again, which could take years. 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. "I believe Mr Vogel made a fatal error and his position as chairman of the EPA should be brought into question," Mr Robertson said. I would say the same thing about the minister - he was told at the time this decision was likely to be unlawful and he ignored that, and that is on his head. 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. Albert Jacob, WA's current environment minister, said the government is digesting the decision and will seek advice from the State Solicitor's Office.