Tiwi Islanders to fight Santos-led offshore drilling project in Federal Court
Community leaders 80km north of Darwin have launched an extraordinary Federal Court fight against a multinational company.
Traditional owners from the Tiwi Islands have launched an 11th hour legal fight against a multi-billion dollar offshore gas project near Darwin.
The Munupi people are taking the federal offshore oil and gas regulator, NOPSEMA, to court to challenge its decision to approve a Santos-led development in the Barossa gas field in the Timor Sea.
Lawyers acting for the community on Tuesday filed Australia’s first ever legal action challenging the lack of consultation in relation to an offshore petroleum project.
Santos received approval in March to drill up to eight gas production wells off the northern beaches of the Tiwi Islands as part of a $4.7bn development that includes a pipeline to an existing LNG facility in Darwin.
Drilling on the project could commence as early as this month.
Tiwi traditional owners claim they were not properly consulted by the company or the federal government about the plans, which they fear may harm the marine environment.
Senior Munupi man Dennis Tipakalippa, who is representing the community as the plaintiff in the case, says the drilling project poses a threat to his people’s food sources, culture and way of life.
“Santos say they did consultation for this drilling project, but no one spoke to me as a traditional owner and Senior Lawman for the Munupi clan,” he said.
“It’s our land that’s closest to the drilling site. We are the ones who are going to be affected. They never came to me in person or face-to-face. I think they couldn’t face my people.”
Mr Tipakalippa and his community are particularly concerned about the risk posed to the sea and marine life if an oil spill occurs.
“We respect our homelands, our sea country and it looks after us. They think they can just go ahead with drilling our sea country without even talking to us. Enough is enough,” he said.
Lawyers from the Environmental Defenders Office will argue that because Santos allegedly failed to consult Mr Tipakalippa and his community, NOPSEMA’s approval of the project’s environmental plan is invalid.
Solicitor Alina Leikin said Santos had a legal obligation to consult with people who might be impacted by the drilling and the stakes couldn’t be higher for the Tiwi community.
“This case could establish what constitutes adequate consultation with First Nations people in relation to offshore gas developments,” she said.
“It could have significant implications for how mining companies view their consultation obligations with First Nations people.”
The fresh legal action comes after Tiwi traditional owners last month failed to get a South Korean court to rule that loans for the Barossa project should be stopped.
Santos is the majority owner and operator of the development, with Japanese power company JERA and South Korean energy company SK E&S part owners.
Santos has said the Barossa development and upgrade to the Darwin LNG facility will create 600 jobs throughout the construction phase and secure 350 jobs for the next 20 years of production.
A spokeswoman for Santos said the company would not be commenting on the matter while it was before the courts.