WA's EPA speeds emissions deregulation while Chevron environmental inquiry waits

The environmental watchdog is set to remove restrictions on climate pollution in months but is much slower looking into concerns about quarantine and turtles on the Barrow Island nature reserve.

WA's EPA speeds emissions deregulation while Chevron environmental inquiry waits
Gas flame - Canva, flatback turtle - ©Lina ReinoldCC BY-NC 3.0

WA's environmental watchdog can respond to a government edict to reduce carbon emissions regulation for 20 projects in months but is taking close to two years to complete an initial inquiry into multiple threats to nature from Chevron's Gorgon gas export project.

Conservation Council of WA director Jess Beckerling said the WA Labor government was continuing to prioritize industry requests over nature protection.

In early 2023 WA environment minister Reece Whitby asked the independent Environmental Protection Authority to look into Barrow Island where Gorgon was built.

Chevron was allowed to construct Gorgon on the Class A nature reserve against the advice of the EPA at the time. The 235-square-kilometre island has been a nature reserve for more than a century. It is home to more than 100 species of birds, 44 different reptiles, 13 mammal species, and almost 4000 types of plants.

Whitby made two requests amidst investigations by the Department of Water and Environmental Regulation into "contravention or possible contravention of the laws" concerning quarantine breaches, contamination from "forever chemical" PFAS and beach erosion affecting turtle nesting.

First Whitby requested the EPA determine if two panels of experts on quarantine and marine turtles were effective at providing him independent advice. After that he wanted the Authority to ensure the conditions imposed on Chevron's management of quarantine, turtles and beach erosion were effective and "outcome -based" rather than just requiring approved plans to be followed.

After 21 months the EPA has not reported back on the expert panels, and so has not started the more substantive inquiry into what conditions should be imposed on Chevron.

Turtles, toxic PFAS and quarantine: Probes target Chevron’s Gorgon
The US gas giant’s operation on Western Australia’s Barrow Island is being investigated for beach erosion, contamination and biodiversity-threatening breaches.

In contrast, in past months the EPA has swiftly moved on the most contentious aspect of its recent activities - the regulation of climate-heating greenhouse gas emissions.

In mid-October the Cook Labor government amended its policy governing greenhouse gas emissions from major projects and now wants to leave the field to the Federal Government's safeguard mechanism.

The move was welcomed by the WA Chamber of Minerals and Energy as a removal of duplication of efforts from Canberra but Greens upper house member Brad Pettit blasted the government for "washing their hands" of responsibility.

Six weeks later the independent EPA revised its own guidance on greenhouse gas emissions to incorporate the government's policy.

Other revisions in recent years involved lengthy consultation with interested parties over many months.

In mid-November Whitby - using the same section 46 of the Environmental Protection Act as the Barrow Island inquiry requests - asked the EPA to change the greenhouse gas conditions it had imposed on 20 major projects.

The EPA "is now focused on amendments to processes and project conditions rather than on the critical work of looking after habitats and species." Jess Beckerling, Conservation Council of WA.

EPA chair Darren Walsh said he expected all twenty greenhouse gas inquiries to be completed by March 2025.

Walsh, who was appointed EPA chair in October, said "there are no specific time requirements" for the Barrow Island inquiries.

"The EPA will report once it has determined a suitable and appropriate recommendation," he said.

When questioned on the discrepancy in duration of the inquiries Walsh said the greenhouse request has a narrow defined scope compared to the complex Barrow Island inquiries.

"Nevertheless, the State Government’s recent additional resourcing commitments to the independent EPA are expected to assist in further progressing ... an expeditious outcome."

A spokesman for environment minister Whitby said DWER was working with Chevron to ensure existing regulatory and management requirements address issues of concern on Barrow Island. 

“While the State Government is satisfied appropriate action is being taken, it is up to Chevron to remedy any issues that may be raised during those inquiries,” he said.

Beckerling said the EPA had a statutory responsibility to protect WA's natural environment and the role is becoming increasingly important and complex.

"Instead, what we’ve seen this year is the state government implementing industry’s agenda to reduce environmental conditions," she said, "resulting in an EPA which is now focused on amendments to processes and project conditions rather than on the critical work of looking after habitats and species."

The three investigations into quarantine, beach erosion affecting turtles and PFAS issues on Barrow Island are ongoing, a DWER spokesman said.

"An estimated completion date cannot be provided."

In 2023 WAtoday reported that on the island's east coast where about 1400 flatback turtles, a vulnerable species, lay eggs each year nesting had significantly reduced at two beaches where sand has shifted due to jetty built by Chevron.

Since construction of the Gorgon plant began a number of introduced species have been found on Barrow Island at different times. Only one species has been decanted a quarantine incident.

Chevron stopped using fire fighting foam containing PFAS in 2023.


Clarification - 4 December 2024 -More detail about quarantine incidents on Barrow Island to make clear that only one species has been declared a quarantine incident.


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