Tiwi TO Simon Munkara seeks urgent halt to Santos Barossa gas pipeline project

The Jikilaruwu clan member said TOs had ‘kept our stories alive for thousands of years’ to share with future generations but ‘Santos doesn’t want to hear this story, so we are going to court’.

Simon Munkara says Santos has not properly assessed submerged cultural heritage along the route of the pipeline.

A Tiwi Islands Traditional Owner is seeking an urgent injunction in the Federal Court to prevent fossil fuel giant Santos starting work on its Barossa gas export pipeline.

Jikilaruwu clan member Simon Munkara will argue the project would traverse ancestral burial grounds and traditional songlines, without a proper assessment of the risk to cultural heritage.

Mr Munkara says Santos has not properly assessed submerged cultural heritage along the route of the pipeline, which runs within seven kilometres of Cape Fourcroy on Bathurst Island.

Mr Munkara will argue the approval Santos is relying on is of an environment plan that was accepted by offshore regulator NOPSEMA in March 2020, without an assessment of the risks to underwater cultural heritage.

It was also approved before another case, brought by Munupi man Dennis Tipakalippa, established Traditional Owners’ consultation rights in relation to the Barossa project and other offshore developments.

Tiwi Traditional Owners have commissioned reports from independent experts, who say if installed in the current proposed location, the pipeline would damage sea country, Dreaming tracks, songlines and other areas of cultural significance.

Mr Munkara says commencing the pipeline work under those circumstances would breach environmental regulations as there is a significant new environmental impact or risk that has not been assessed and accounted for in the existing environment plan.

He is seeking to prevent pipeline activities from going ahead until Santos has submitted a proposed revision of the environment plan and NOPSEMA has made a decision about it.

“We are going to court because we can’t let Santos build a pipeline through our songlines and our ancestor’s burial grounds — I don’t want it to be destroyed,” he said.

The court action follows another case brought by Munupi man Dennis Tipakalippa.

“We have kept our stories alive for thousands of years and I want to be able to share this with future generations, with my kids and grandkids and their kids. Santos doesn’t want to hear this story, so we are going to court.

“My country, both the land and sea, it’s everything to me and my kids. The sea is part of us.”

Santos chief executive Kevin Gallagher has previously said the company completed the underwater cultural heritage assessment required prior to pipe laying at Barossa.

He said Santos had notified NOPSEMA that it planned to commence pipe laying activities after complying with the regulator’s requirements.

“In response to the general direction issued by the regulator, the independent expert concluded after extensive research and interviews that ‘there were no specific underwater cultural heritage places along the planned Barossa pipeline route that may be affected by the activities’ covered by the pipeline environmental plan,” he said.

The case is listed for mention on Tuesday.