TONY EASTLEY: The Wilderness Society has launched legal action in an attempt to overturn the West Australian Government's environmental approval of a giant gas hub project north of Broome.

The Supreme Court action targets the state's Environment Minister and the Environmental Protection Authority, the EPA.

The authority's chairman Paul Vogel gave approval to Woodside's multi-billion dollar project at James Price Point but other EPA board members were excluded from making a decision due to conflicts of interest.

The Wilderness Society says their exclusion makes the EPA's recommendation and the Government's subsequent approval invalid.

From Perth, David Weber reports.

DAVID WEBER: The papers have been filed in the Supreme Court in Perth.

Kimberley campaigner Heidi Nore:

HEIDI NORE: The Wilderness Society and Goolarabooloo traditional owner Richard Hunter are commencing legal proceedings against the Environmental Protection Authority and against the Environment Minister Bill Marmion for the way they have handled the James Price Point gas hub assessment.

DAVID WEBER: What are the particular problems with the way that the EPA and the Environment Minister have handled this?

HEIDI NORE: The EPA has acknowledged that four out of its five board members had conflicts of interest while they were assessing the James Price Point gas hub.

DAVID WEBER: But the State Government says that those people were not part of the final decision-making process.

HEIDI NORE: We had a situation where there were three conflicted board members deliberating for three years, discussing the matter, privy to confidential information, shown around the site by traditional owners, shaping the way the discussions were for three years, before finally stepping down because of their conflicts of interest.

DAVID WEBER: You don't think that the State Government and the EPA, via regulations, have ensured that this decision is watertight?

HEIDI NORE: Absolutely not. The purpose of an EPA board is to have a completely independent assessment of development proposals in WA and that has absolutely failed in this instance. The EPA has failed to deal with its conflicts of interest in its board and it's failed to properly assess James Price Point.

DAVID WEBER: It appears though that Paul Vogel has always maintained an independent stance and he's the one that made the decision in the end.

HEIDI NORE: Dr Vogel has been involved in this for many years and we have received some documents from the EPA which indicate that at almost every meeting, board members admitted that they had a conflict of interest.

DAVID WEBER: The fact that they were there for those discussions is bad enough in your view?

HEIDI NORE: Bad enough in our view and bad enough in the very strict terms of the legislation too. It's very clear in the Environmental Protection Act that EPA board members are not permitted to participate in meetings, in discussions, in matters in which they have a pecuniary interest.

DAVID WEBER: Will this court action delay the Federal Environment Minister's decision?

HEIDI NORE: Tony Burke will not be able to make a decision on James Price Point if the EPA report and recommendation is found to be invalid. We're asking the court to deal with this matter expeditiously and we're particularly asking the Court of Appeal to deal with this matter as soon as it possibly can.

DAVID WEBER: A spokeswoman for the Environment Minister Bill Marmion said there would be no comment.

TONY EASTLEY: David Weber.