The UN Special Rapporteur on the Human Right to a Clean, Healthy and Sustainable Environment has applied to make submissions in the Australian Conservation Foundation’s legal challenges to the extension of the North West Shelf gas project.
In today’s case management hearing in the Federal Court:
- Justice Button listed applications by the Australian Conservation Foundation and the Friends of Australian Rock Art for hearing on 21-24 July 2026.
- The UN Special Rapporteur on the Human Right to a Clean, Healthy and Sustainable Environment, Astrid Puentes Riaño, made an application to intervene as amicus curiae* in the ACF and the Friends of Australian Rock Art proceedings.
The Special Rapporteur’s lawyer told the court she wants the opportunity to address:
- Australia’s international legal obligations.
- The international law context which is relevant to how the court interprets Australia’s national environment law (the EPBC Act).
- How the international law context should be considered when interpreting the meaning of ‘impact’ under the EPBC Act.
The other parties – Environment Minister Murray Watt and project proponent Woodside – have agreed to the Special Rapporteur receiving the documentation in the case. They did not indicate whether they will agree to the Special Rapporteur’s submissions being received by the court.
The following comments are from ACF’s General Counsel Adam Beeson:
“We welcome the application from the UN Special Rapporteur on the human right to a clean, healthy and sustainable environment to make submissions in these cases.
“UN Special Rapporteurs sometimes intervene in court proceedings. ACF understands this is the first time this has happened in Australia.
“ACF will argue the Minister was wrong to disregard the impacts of climate change from Woodside’s massively polluting North West Shelf gas project.
“Australia’s approach to exporting fossil fuels, which ignores climate consequences, is out of step with the recent advisory opinion from the International Court of Justice.
“Climate change is a global challenge that requires international co-operation.”
In an advisory opinion released in July the International Court of Justice held that fossil fuel exporters like Australia can’t export their responsibility for climate change.
The Australian Human Rights Commission has recommended that the Australian government adopt and enforce laws to phase out fossil fuels, prohibit new fossil fuel projects and strictly regulate the import and export of fossil fuels.
Research by ACF shows lifetime emissions from the NW Shelf project would be almost 10 times Australia’s annual emissions.
* Amicus curiae is a legal term for ‘friend of the court’, where a person or group is permitted to offer information or expertise on a case to which they are not a party.