Woodside is facing fresh legal action over its $16.5 billion Scarborough gas project alleging it failed to consult traditional sea custodians before launching seismic testing.
Traditional custodian Raelene Cooper this week filed action against the gas giant in the Federal Court, urging it to find the offshore regulator's approval of seismic testing was unlawful as it was done without proper consultation.
Seismic testing involves blasting compressed air from a ship and is claimed to impact the hearing of marine animals, including whales.
The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) approved Woodside carrying out the testing off Western Australia's coast on July 31.
But Ms Cooper alleges, in her application for judicial review, that the regulator cannot grant approval until she has been properly consulted, as a traditional owner of the affected "sea country".
She said the testing was occurring in a place of high cultural significance and it was disrupting songlines, as well as whales and turtles.
"The whales are showing us all around the world that they are in trouble, and if they are in trouble then so is our very existence," Ms Cooper said.
"Woodside are not above the law and they’re not above our cultural lore."
A Woodside spokeswoman said the company is aware of the court action challenging NOPSEMA’s acceptance of the Scarborough project’s seismic environment plan (EP).
"Woodside has dedicated significant time and effort so that our approach to EP consultation meets the requirements and we will continue to consult on this basis to support all of our environment plans related to Scarborough and broader Woodside portfolio activities," the spokeswoman said in a statement.
"The purpose of consultation is to consult relevant persons who are potentially affected by activities and consider their input in the development of environment plans."
Woodside is already facing a Federal Court case filed by the Australian Conservation Foundation seeking to halt the Scarborough project.
Ms Cooper's action follows a full Federal Court decision in December which found Tiwi traditional owners were not properly consulted when approval was given to gas company Santos for drilling in its Barossa Gas Project.
