Santos agrees to stop drilling $4.7bn Barossa gas fields until Federal Court decision made

On of the country’s biggest gas projects has promised to stop drilling following a Federal court challenge. Find out why.

SANTOS will slow its expansion of a $4.7bn gas project off the Territory coast following a challenge by Tiwi traditional owners.

Justice Mordecai Bromberg heard Santos was prepared to stop drilling the Barossa Gas fields before it reached a Timor Sea gas reservoir until a Federal Court decision could be reached.

Under an undertaking Santos could continue its preliminary drilling as long as it did not penetrate the gas reservoir.

No new wells can be drilled for the 21 days until Justice Bromberg makes a decision.

Santos was due to hit the gas reservoir around September 15, but has promised to stop drilling before that point.

The Federal Court hearing was over an alleged lack of consultation between the multinational company and the Munupi people.

Justice Bromberg said if a decision has not been made on September 16, he would resume the court and hear arguments over an injunction on drilling.

Munupi people as they fight Santos in the Federal Court. Picture: (A)manda Parkinson

The $4.7bn gas field includes plans for eight offshore wells, and was expected to create 600 jobs and build a 280km pipeline to a Darwin LNG facility.

The undertaking comes on the final day of a historic five-day Federal Court hearing, which travelled on-Country to speak directly to Tiwi communities before returning to Darwin.

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 had denied this and maintained that appropriate stakeholder engagement had taken place since 2016, and it was “subject to robust approvals” under the regulator NOPSEMA.

EDO barrister Claire Harris said while the Tiwi Land Council had been sent emails, they were not the appropriate representatives of the Tiwi Traditional Owners.

Munupi people as they fight Santos in the Federal Court. Picture: (A)manda Parkinson

Ms Harris said given the “potentially catastrophic risks” of the project, the stakeholder engagement was insufficient.

Ms Harris said while there were territorial limits to Land Rights, which extend 5-6km from the island, Santos has an obligation to work with Tiwi people on “decision making about important matters”.

Throughout the hearing, Tiwi Elders described to Justice Bromberg their deep connection with the Sea Country off the island.

Elders told the court the sea’s health had been intertwined with Tiwi life for millennia, from food and hunting, livelihoods, culture and community.

Pirrawayingi gave evidence about Santos drilling his Sea Country off the coast of Tiwi Islands. Picture: Rebecca Parker

Elder Therese Puruntatameri was among a dozen Munupi women who watched from the Darwin court gallery as barristers debated the future of her community.

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

Given the undertaking, Santos barrister Stephen Free said there was a need to review evidence relating to protocols to safely shut down operations in the Timor Sea.

Justice Bromberg said the Federal Court would resume on September 16 for a final decision or arguments could be heard over an injunction on further drilling.

He flagged the 21 day adjournment was a tight timeline, and said his judgment without comments was more likely to be given.

He said a full judgment would be released at a later date.

Originally published as Santos agrees to stop drilling $4.7bn Barossa gas fields until Federal Court decision made