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Santos, Tiwi Federal Court decision to face appeal to renew $4.7bn offshore gas project

Santos has launched an appeal to regain its drilling rights for a $4.7bn offshore gas project off the Northern Territory coast.

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SANTOS has launched an appeal to regain its drilling rights for a $4.7bn offshore gas project off the Northern Territory coast.

Federal Court Chief Justice James Allsop said he would expedite an appeal against a decision that revoked Santos’s drilling environment plan.

Justice Mordecai Bromberg found the gas regulator, the National Offshore Petroleum Safety and Environmental Management Authority, inappropriately granted the drilling licence in the Timor Sea.

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

Plaintiff Munupi Senior Lawman Dennis Tipakalippa argued successfully before Justice Bromberg that the regulator was not only wrong to approve the licence, but had “failed to proceed reasonably”.

Justice Bromberg said NOPSEMA failed to ensure Santos engaged with the Munupi Traditional Owners before drilling into their Sea Country, 138km from Tiwi Islands.

As a result, Santos was given two weeks until October 6 to safely shut down and remove their drilling operation from the Barossa Gas fields.

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

The day the Federal Court decision was handed down, Santos immediately indicated it would appeal the decision.

In a preliminary hearing before Justice Allsop Santos on Monday, Santos called for an administrative law review.

Representatives from Santos, NOPSEMA Mr Tipakalippa’s barrister, Claire Harris KC, agreed to appear before the full bench of the Federal Court.

The specific date and the Justices who will assess the appeal have yet to be confirmed.

Justice Allsop will assess if it is necessary for the Justices to be “native title experts” to review the case.

Originally published as Santos, Tiwi Federal Court decision to face appeal to renew $4.7bn offshore gas project

Original URL: https://www.thechronicle.com.au/news/santos-tiwi-federal-court-decision-to-face-appeal-to-renew-47bn-offshore-gas-project/news-story/900c0ee14f4badff102f8bf2bbf76f3b