Tiwi Island Traditional Owners challenging a major offshore gas project have a had significant court victory, with gas company Santos agreeing to halt drilling operations at the $5 billion dollar Barossa gas project.
Lawyers for Munupi clan leader Denis Tipakilippa have spent the past week arguing that Traditional Owners were not properly consulted over the project.
They’re suing the national gas regulator, which approved the venture, for failing to recognise Tiwi Islander Traditional Owners as 'interested parties', thus necessitating their involvement.
It’s believed to be the first such case of its kind in Australia.
Munupi Elders welcome the federal court to the Tiwi Islands Source: Supplied
'Like drilling into our bodies'
Landmark on-Country hearings were held on the Tiwi islands and in Darwin, as Traditional Owners challenge the federal approval allowing gas company Santos to drill up to eight gas wells in the Barossa field, 265 kilometres northwest of Darwin.
After a week of argument, Santos agreed to halt drilling, including any that may hit gas reserves in the Barossa field, until the federal court has reached a decision.
The agreement was welcomed by Mr Tipakilippa.
“This week, we have had our voices heard. We will fight to protect our Sea Country, from the beginning to the end.”
Mr Tipakilippa was concerned the gas project, as well as a proposed pipeline from the Barossa field to Darwin that would pass near the Tiwi Islands, could harm sacred sites, pristine beaches, reefs and olive ridley turtle nesting sites.
“Drilling into the seabed is like drilling into our bodies. I'm relieved that Santos will drop drilling... that is a big worry for us, so it's very important to get that promise," he said.
Dennis Tipakillipa is suing the federal regulator for approving the Barossa Gas Project without properly consulting him. Source: Supplied
Environmental plan 'lacked methodology'
Santos has been drilling since July, and has always argued it consulted widely with relevant stakeholders for many years before commencing the project.
Lawyers for the company told federal court judge Mordecai Bromberg that the company was not required under federal regulations to consult with Traditional Owners individually, but rather collectively, through their representative body the Tiwi land Council, which it did.
But Justice Bromberg questioned Santos' environmental plan for the project, saying it lacked a clear methodology explaining who was considered a 'relevant person'.
Justice Bromberg said this could make it difficult for the National Offshore Petroleum Safety and Environmental Management Authority to determine whether all relevant parties had been consulted.
Santos says its $US3.6 billion ($A5.2 billion) dollar offshore natural gas development is expected to create up to 600 jobs, and will pipe gas 280 kilometres to the Darwin LNG facility, with first production expected in 2025.
The company says the project, which it purchased from ConocoPhillips in 2020, is 43 per cent complete.
The halt on drilling will remain in place for the next three weeks until the Federal Court reconvenes in Darwin to either hear further arguments relating to an injunction to restrain further drilling or deliver a decision.
