Anthony Albanese has been accused of being "arrogant" for not committing to kill off a controversial gas drilling project off the NSW coast.
Despite what the Greens described as "broad consensus" that the PEP-11 project should not go ahead, the prime minister has yet to outline his government's position should a court overturn Scott Morrison's decision to scrap it.
Mr Morrison made that call after swearing himself in as resources minister, prompting Asset Energy to launch legal action arguing that he had breached procedural fairness requirements and wasn't validly appointed as the responsible minister of the joint authority.
Asked by Greens MP Elizabeth Watson-Brown on Wednesday if he would stop the "vandalism" off NSW's coastline, Mr Albanese wouldn't commit to stopping the project regardless.
"There has been legal action to ensure the decision be made in accordance with the law," he told parliament.
"This government will make decisions in accordance with the law ... to do otherwise is to ensure there will be another court case."
On Thursday, Greens senator Peter Whish-Wilson pointed to Mr Albanese's previous comments that "our position on PEP-11 is clear, it's a bad idea and only a Labor government will stop it, no ifs, no buts".
"It was pretty obvious to me watching his patronising and arrogant response to my colleague that it's up to the law to decide ... it makes a mockery of his strong opposition and his election promise to kill this project," Senator Whish-Wilson told parliament.
"Why did our prime minister make such a clear pre-election statement if he was going to fall back on it being a matter of law and procedure that was out of his hands?"
The senator's comments came during debate around his Fight for Australia's Coastline Bill, designed to permanently protect the PEP-11 permit area from drilling.
"It's plain and simple insanity to keep exploring the exact same product knowing full well when we burn it, it is directly killing our oceans as we have been lucky enough to know them," Senator Whish-Wilson said.
Labor senator Tim Ayres reiterated the government's stance for waiting for the process before the courts.
"What you don't do is take one-off action that undermines global collective action," he told parliament.
"It's at best wrong-headed."
Independent senator David Pocock said there was broad consensus that the project shouldn't go ahead, including from the community, scientists and the prime minister himself.
"Climate science is clear - we cannot afford any new fossil fuel projects," he told parliament.
"You'll hear that weaponised by the major parties, saying if you say we shouldn't have any new projects you're against fossil fuels ... that is not correct."