Tiwi Island leaders sue gas regulator over Santos Barossa Gas fields

‘As they are drilling on the ocean bed, they are drilling the spirits of every Tiwi’: NT Elders challenge $4.7bn project.

A $4.7bn gas project is being challenged over an alleged lack of consultation, with Tiwi Islands Elders saying the offshore gas field could threaten spiritual and environmental connections spanning a millennia.

Traditional owners demonstrated outside the Federal Court in Darwin on Wednesday, in the third day of a historic legal challenge against Santos’s multinational gas project off the Northern Territory coast.

Tiwi Senior Lawman Dennis Tipakalippa sued the federal gas regulator National Offshore Petroleum Safety and Environmental Management Authority because of an alleged lack of consultation over the offshore Barossa Gas fields 150km from the islands.

The Environment Defenders Office, representing the Tiwi Elders, said the consultation was limited to a few unanswered emails and missed phone calls.

Santos V Tiwi Islands

However, Santos has denied this and maintained appropriate stakeholder engagement had taken place since 2016 and the project was “subject to robust approvals” to meet its obligations under the regulator NOPSEMA.

“Santos will vigorously defend its position in these proceedings.”

A dozen Munupi Elders travelled from their island home to watch as barristers debated the future of their community on Wednesday.

Elder Therese Marie Puruntatameri said even preliminary drilling in the Timor Sea had a profound impact on her community.

“As they are drilling on the ocean bed, they are drilling the spirits of every Tiwi past and present,” Ms Puruntatameri said.

“We have Songlines that are connected with all the animals in the ocean.”

Antonia Burke said the level of consultation would not have been accepted for any metropolitan community.

Tiwi vs Santos

“If I was going to come off the coast of Darwin here and build a massive gas plant that was going to produce gas for the next 25-30 years, would it be appropriate for them to send two emails with no reply, and then get approval?” Ms Burke asked.

Ms Bourke said up until this case Traditional Owners had not been recognised as “relevant people” beyond the Native Title line, 5-6km off the coastline.

“I want people to stop calling these people (Santos) giants. They’re not giants, they’re destroying the earth,” Ms Burke said.

Tiwi vs Santos

“We are the cultural giants, we are the original people from this land and we need to be taken seriously.”

In a historic move by the Federal Court, the first day of the resources challenge hearing was on Country, at Pitjamirra on Melville Island in the Timor Sea.

The Federal Court convened in a tent by the sea, where they were taken through a ceremonial Welcome to Country.

This was the first time on-Country evidence was heard in a judicial review challenge to approvals for an offshore fossil fuel project.

Santos vs Tiwi Islands

Tiwi Islands mayor and senior Munupi Traditional Owner Pirrawayingi Puruntatameri told the court if something went wrong, the physical and spiritual damage could last forever.

“We are the holders of everything under and in the sea. It is part of us, who we are as traditional Aboriginal people,” Mr Puruntatameri said.

“(Santos) are not thinking about the significance of the sea to our people.”

On Tuesday Marine Ranger Program and Maluwu man James De Santis told the packed court in Darwin he was “shocked” by Santos’s plans and the potential threats to traditional hunting grounds and marine wildlife, particularly turtle migration patterns.

“I have heaps of concerns. Spills are my main concern but the drilling and disturbing the sea floors, or chemicals coming out from drillings and coming into the ocean.

“That’s no good for the sea life.

“It’s a big cycle — one eating one eating one — And everything ends up dead.”

Munupi Clan members are fighting Santos to stop drilling off the coast of the Tiwi Islands in Federal Court. Picture: Rebecca Parker

Mr De Santis said Santos had “never” contacted the rangers about drilling.

“Santos never gave us any information, what the impacts were, what they were going to do,” he said.

Senior stakeholder adviser Mike Marren said Santos had committed to “encourage(ing) open two-way engagement with stakeholders”.

Mr Marren said he had personally sent emails to hundreds of stakeholders, including the Tiwi Land Council but had not contacted the chief executive officer directly.

Mr Marren said a two-page fact sheet was sent via email as well as quarterly stakeholder engagement updates.

Santos V Tiwi Islands

“Sometimes I would follow up on a call, I may or may not get through,” Mr Marren said.

“(But) I don’t believe I was able to get a hold of him (the Tiwi Islands CEO).”

Mr Marren said despite calls from Tiwi Resources calling for a direct meeting, Santos had not attended in person after a request from the Northern Land Council to limit travel to remote communities due to Covid.

Santos V Tiwi Islands

Western Australian Senator and Greens Resources and Mining spokeswoman Dorinda Cox said the on-Country hearing had shown the confronting clash between the Tiwi people and the multinational giant.

“There were signs and paintings saying ‘No to Santos’ and ‘Protect our Sea Country,’ so the moment I got off the plane I was confronted with this is not consent,” Ms Cox said.

Tiwi vs Santos

Ms Cox said it was “heartwarming” to hear Tiwi Elders describe ancient connections with the sea, not just through testimony but in art, dance and culture.

“You’re asking them to bring a very ancient understanding of how the totemic system, the idea that the environment is all interconnected, doesn’t work in a Western legal system,” she said.

“And it was that moment that I realised that these worlds are colliding in a way that is just not about a relationship at all.”

The WA Senator committed to pushing for reforms to strengthen the gas regulator NOPSEMA.

While the case was running, Midstream and Clean Fuels President Brett Woods addressed the South East Asia Australia Offshore and Onshore Conference at the Darwin Convention Centre.

“This project is now 43 per cent complete and remains on budget and scheduled for first production in the first half of 2025,” he said.

“This investment demonstrates Santos’ commitment to the Northern Territory and is a testament of our belief in what the Territory offers.”

The Federal Court hearing will continue in Darwin until Friday August 26.