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Native title backdown over $1.3b threats

Threats to suspend a $1.3 billion native title deal for traditional owners of Woodside Petroleum's proposed Kimberley gas hub site have seen the owners drop a bid to discontinue their claim over the area.

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3 min read

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Source: AAP


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Threats to suspend a $1.3 billion native title deal for traditional owners of Woodside Petroleum's proposed $30 billion Kimberley gas hub site have seen the owners drop a bid to discontinue their claim over the area.

The Goolarabooloo and Jabirr Jabirr peoples had applied to the Federal Court last week to discontinue their joint native title claim over the James Price Point site, in Western Australia's remote Kimberley region, as the Goolarabooloo had wanted to launch their own, separate claim.

It was under the joint claim that the groups had negotiated the $1.3 billion compensation deal so that Woodside could develop the site - though the company has yet to make a final investment decision on it.

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Under the deal, the traditional owners would get the full $1.3 billion in housing, land and jobs benefits if the project went ahead, but would also be entitled to payments if it was abandoned.

The two groups are understood to already be receiving substantial payments under the deal, while Woodside has started survey work on the site pending its decision to proceed.

It was those payments that were directly threatened when the WA government and Woodside gave notice last week - in apparent retaliation to the traditional owners' Federal Court action - to suspend the $1.3 billion deal and issue a formal breach of contract notice.

However, on Thursday, the groups - represented by the Kimberley Land Council - dropped their bid to discontinue their joint claim, and will reconvene to decide on any further action.

Lawyers for the WA government and Woodside agreed to withdraw the notice of suspension of the deal, but not the notice of default.

The two parties resolved the issue just minutes before it was to be heard by Federal Court judge John Gilmour.

It also came less than a week before a formal notice to compulsorily acquire the site by the WA government expired on June 20.

That notice was lodged on March 12, effectively giving notice to the traditional owners that the government would try to forcibly take James Price Point if native title couldn't be resolved.

The latest legal wrangle follows a separate action last week by Goolarabooloo man Richard Hunter, who challenged Woodside's survey permits in the WA Supreme Court, arguing they were invalid.

Woodside has agreed to stop all preliminary works at James Price Point until the case is resolved.

It will be heard again on Friday.


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