Western Australia's Supreme Court has ruled invalid the State Government's move to compulsorily acquire land for a gas hub in the Kimberley.

The community has been divided and some have had an ongoing battle with Woodside Petroleum over its plans to build a $30 billion liquefied natural gas precinct at James Price Point.

Chief Justice Wayne Martin today ruled three notices of intention to acquire the land were invalid because they did not contain a description of the land.

However his declaration does not prevent the Lands Minister from issuing further notices of intent to take land in the area.

The claimant's lawyers say the ruling means the deal struck between the Government and the native title claimants for the area, the Jabbir Jabbir and Goolarabooloo, is invalid, putting the future of the Browse gas project in doubt.

The deal involved a $1.5 billion benefits package for Aboriginal people in the region, and was reached by consent after the Government started the compulsory acquisition process.

The court action was brought by a breakaway group from within the Jabbir Jabbir-Goolarabooloo people, who voted against the deal being signed.

Michael Orlov, who represented them, told reporters outside court that Lands Minister Brendon Grylls will need to commence the process again.

"The immediate practical effect of this judgment is the Browse project agreement, which depended on the validity of these notices, is invalid and has no effect," Mr Orlov said.

"The Minister can commence again, but it is a long process and we'll have to see what he does."

One of the traditional owners who launched the legal challenge, Goolarabooloo man Phillip Roe, says it is a victory for all those opposed to the project.

"It had to be done. We are there to protect our heritage, our culture, our song-lines and our law-grounds," he said.

"We're not going to be pushed around by the WA Government. We're there to show that we can do it, so can every Indigenous person in Western Australia."

Not concerned

Premier Colin Barnett says he is not concerned by the court ruling, which does not prevent Mr Grylls issuing new notices.

Mr Barnett says that is exactly what he will do.

"The State Government will simply reissue the notice of intent on the 3,500 hectares which is now identified as the exact site of the LNG plant," he said.

"It won't hold up the development."

The Premier says he is confident agreements reached with other native title claimants in the area will not be affected.

Woodside recently started land clearing at the James Price Point site, prompting protesters to set up camp, and aims to make a final decision to proceed with the development by mid-2012.

A Woodside spokeswoman says the court ruling will not delay the project.

"The provision of the land for the Browse LNG precinct is a matter for the state," she said.

"We don't believe that this result will impact on the project schedule."

Fight goes on

Opposition Leader Eric Ripper says the Government is at fault, but he does not believe the ruling will delay the construction of the gas hub.

"This is an embarrassing glitch for the Government, but I do not think it will delay the project.

"The fact is the traditional owners have agreed to this project and that means this project can go ahead."

But Mr Roe says the fight is not over.

"There's more to come and I'll be still going hard at it," he said.

Mr Orlov says proceedings to declare the song-line area an Aboriginal site under the Aboriginal Heritage Act will probably begin early next week.

Asked whether the proceedings could halt development, Mr Orlov said: "Yes, they can."

"The area where the project is being developed is an Aboriginal site and has been since 1991," Mr Orlov said.

"Any ground disturbing work in the area should have been approved by the Minister under the Heritage Act.

"It hasn't been, so until that approval is obtained, it may well have an impact (on the development)."

ABC/AAP