GENEVA - The Special Rapporteur on the human right to a clean, healthy and sustainable environment, Astrid Puentes Riaño, was admitted on Tuesday by the Federal Court of Australia to intervene as amicus curiae for the first time in a case regarding the extended operating life of the North West Shelf Project (NWS), one of the world's major Liquid Nitrogen Gas (LNG) operations centred on the Karratha Gas Plan in Western Australia.
"Advising States to help advance decisions based on international law and participating in priority legal cases aligns precisely with my mandate, as it was established by the Human Rights Council," Puentes said.
Woodside, the NWS operator, seeks to extend its operation for forty years, until 2068, and to begin processing third-party gas. The project sits adjacent to the Dampier Archipelago (Murujuga), an area of exceptional natural and cultural significance and recognised World Heritage site containing rock-art dating back 50,000 years. Civil society required federal assessment, and after a re-evaluation, the Minister of Environment and Water granted conditional approval in late 2025.
The Court is now reviewing whether the Minister's decision was in line with the law, including international law. It is also analysing processes and considerations for assessing impacts, including those related to the climate, and the effects on the site.
In its recent Advisory Opinion on State responsibilities regarding climate change, the International Court of Justice (ICJ) affirmed that climate change already poses significant and universal risks to the environment, and States have the obligation to prevent further harm. The ruling was backed recently by the UN General Assembly.
"Conducting adequate assessments, including considering climate impacts, prior to authorising projects or activities that pose a significant risk of environmental harm, is a vital element for fulfilling this obligation," the expert said.
"We are in the midst of climate change, biodiversity loss and toxic pollution crises. States must urgently consider and adequately evaluate the climate impact of new projects, particularly fossil fuel projects," the Special Rapporteur said.
Amid the triple planetary crisis, she warned that assessing these impacts is critical, especially for fossil fuel projects, which the Intergovernmental Panel on Climate Change (IPCC) has identified as the primary drivers of climate change.
"This is a vital case for Australian courts," Puentes said. "Public participation and information are fundamental to making more solid and comprehensive decisions, and I am honoured that the Court has accepted my intervention, albeit partially."
"I am grateful for the opportunity to clarify applicable international law, as outlined in my report on the inclusion of climate considerations in Environmental, Social, and Human Rights Impact Assessments (ESHRIA)," she said.
The Special Rapporteur has been in touch with the Government on this issue.
