Federal Court extends ban on Santos’ Barossa gas pipeline project

A Tiwi Traditional Owner has successfully halted works on fossil fuel giant Santos’ Barossa gas export project, after the Federal Court ruled in favour of extending the ban.

The Federal Court has extended a ban on Santos laying a key pipeline for its Barossa gas export project after a Tiwi Islands Traditional Owner sought an injunction citing irreparable harm to culturally significant sites.

Jikilaruwu clan member Simon Munkara argued the pipeline would disrupt ancestral burial grounds and traditional songlines, without a proper assessment of the risk to cultural heritage.

Santos had been due to continue works on its multi-billion dollar project earlier this month when the Environmental Defenders Office lodged an emergency injunction on behalf of Mr Munkara.

In a ruling handed down on Wednesday, Justice Natalie Charlesworth said the fossil fuel giant could begin laying gas pipelines elsewhere but must stop near the Tiwi Islands until a final ruling was given, which is expected to be mid-January.

Santos has previously said it can only meet its production targets for first gas by early 2025 if work resumes by December 3.

Work on the Barossa gas facility has been suspended since last year after the Federal Court found Santos failed to properly consult Traditional Owners.

The oil giant is still waiting for the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to rule on its updated environment plan, but had intended to finish laying the undersea pipes to avoid further delays.

The Federal Court has halted Santos from laying pipeline for its Barossa gas project after a Tiwi Traditional owner lodged an emergency injunction. Photo: Tamati Smith/Getty Images

In a speech to the WA Energy Club shortly after Wednesday’s court ruling, Santos chief executive Kevin Gallagher said the industry was “absolutely committed to consultation with Traditional Owners and Indigenous communities” while taking a swipe at environmentalists.

“The litigation against Santos is not funded by Traditional Owners or Indigenous communities, but by the Environmental Defenders’ Office,” he said.

“As we understand it, the sources of these funds are government grants, non-transparent donations and other opaque arrangements.

“It is time to call this out and for all of us to stand up for the industry before any further damage is done.

“Ultimately, no amount of climate litigation will make the energy transition faster or stop the oil and gas projects needed to meet the world’s energy demand.”

The Environmental Defenders Office chief executive David Morris said they were an accredited community legal centre and “are proud to represent our clients in this important matter”.

Mr Munkara has argued the approval Santos is relying on is of an environment plan that was accepted by NOPSEMA without an assessment of the risks to sea country, Dreaming tracks, songlines and other areas of cultural significance.

Commencing the pipeline work under those circumstances, he said, would breach environmental regulations as there is a significant new environmental impact or risk that has not been assessed and accounted for.

If Mr Munkara is ultimately successful, Santos could be forced to develop a new environmental plan for the project.