Federal Court dismisses Santos’ appeal over $4.7bn gas project off Tiwi Islands

Traditional owners have had a landmark win in court against gas giant Santos over a $4.7bn project off the Tiwi Islands.

Tiwi traditional owner Dennis Tipakalippa’s historic win over Santos’ $4.7bn Barossa gas project has been upheld by the Full Federal Court of Australia.

The gas giant was trying to overturn a landmark decision that invalidated its drilling approvals after Tiwi Islanders successfully argued they were not adequately consulted about the project in the Timor Sea, north of Darwin.

It was a landmark win for traditional owner Dennis Tipakalippa.

A Federal Court judge ruled in favour of Mr Tipakalippa in September, which put a stop to Santos’ plan to drill in the area.

But the company appealed that decision before the full bench of the Federal Court.

On Friday, the case was dismissed. The judges are yet to publish their reasons.

The Federal Court further ordered that the appellant pay the first respondent’s costs of the appeal and there be no order as to costs regarding the second respondent.

Protesters gathered at the front of the Federal Court during the appeal hearing in November. Picture: Tamati Smith / Getty Images

Environment Centre NT executive director Kirsty Howey took to social media after the decision was handed down.

“Tiwi people have slayed a giant,” she said.

The Environmental Defender’s Office posted: “Today’s decision sends a message to all gas companies that they cannot sideline First Nations peoples.”

The Federal Court further ordered that the appellant pay the first respondent’s costs of the appeal. Picture: Tamati Smith / Getty Images

Santos’ barrister, Christopher Horan, had argued during the appeal hearing that 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 the Tiwi Islanders had a connection to their sea country, which should be legally understood as a valid interest.

Barrister Claire Harris, representing Mr Tipakalippa, argued 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.

Originally published as Federal Court dismisses Santos’ appeal over $4.7bn gas project off Tiwi Islands