Federal Court to rule soon on Santos’ $4.7bn project off Tiwi Islands following appeal
The Federal Court will soon hand down a historic decision after gas company Santos launched an appeal over a stalled $4.7bn project off the Tiwi Islands.
Gas company Santos failed to properly consult traditional owners with valid legal interests when it sought approval for a $4.7bn project off the Tiwi Islands, a court has been told.
Santos is trying to overturn a historic decision which invalidated its drilling approvals after Tiwi Islanders successfully argued they were not adequately consulted about the project in the Timor Sea, north of Darwin.
A Federal Court judge ruled in favour of Tiwi Island elder Dennis Tipakalippa in September, which put a stop to Santos’ plan to drill in the area.
But the company is now appealing that decision before the full bench of the Federal Court in Melbourne.
Santos’ barrister, Christopher Horan, argued on Tuesday the traditional owners had not needed to be consulted because they were not people with relevant interests.
He said a relevant person was someone whose “functions, interests or activities” may be affected.
Mr Horan said while their connection was “genuine”, it did not constitute the “interest” under the law.
But barrister Claire Harris, representing Mr Tipakalippa, argued on Wednesday the Tiwi Islanders had a connection to their sea country, which should be legally understood as a valid interest.
Santos had consulted with the Tiwi Land Council but Ms Harris said it was not a legal representative body for the traditional owners.
She said Santos should have consulted directly with the Tiwi Island clans.
Mr Horan had argued a community could not be a legal person, so Santos would have to identify individuals, which would be difficult.
But Ms Harris noted Santos had contacted commercial fishers, tourism operators and representative bodies, so they could have done the same with the Tiwi Islanders.
On Tuesday, a peaceful protest was held outside court, demanding justice for the Tiwi Islands.
Victorian Greens Senator Lidia Thorpe was among the protesters who gave a passionate speech.
“This country should be ashamed of itself,” she said.
“Don’t talk treaty, don’t talk voice to parliament if you can’t talk about saving country and sea country for our old people and our young people who are begging you, who are fighting every system in every way they possibly can to maintain their survival.
“It’s an absolute shame on this country.”
Justices Susan Kenny, Debra Mortimer and Michael Lee have reserved their decision on the appeal.