The US$3.6 billion gas project involves the drilling of offshore wells, construction of a floating gas processing plant and a 260 km long pipeline connecting the project to land in Darwin.
A complaint put forward by Dennis Tipakalippa, senior lawman and Tiwi Traditional Owner, argued that he and other Munupi elders had not been properly consulted as required by law, prior to the National Offshore Petroleum Safety and Environmental Management Authority’s approval of Santos' environmental plan.
With help from non-profit environmental law organisation Environmental Defenders’ Office, Munupi clan members presented their concerns on-country about the negative repercussions that deep-sea drilling and seabed disturbance could have on traditional fishing as well as their cultural connections with the sea and marine life.
Federal Court Justice Mordecai Bromberg ruled in Tipakalippa’s favour requiring Santos to pause all drilling until the approval of a new environmental plan or a favourable appeal outcome.
“I am the happiest man alive,” Dennis Tipakalippa said in a statement following the ruling.
“The most important thing for us is to protect our Sea Country. We want Santos and all mining companies to remember – we are powerful, we will fight for our land and Sea Country, for our future generations no matter how hard and how long,” he said.
“Santos tried to get away with not consulting us, but today we have had our voices heard.”
The ruling sets a new expectation for consultations with Indigenous groups that may have broader impacts for those in other areas like the Beetaloo Basin where companies frack for gas.
Santos has been ordered to disconnect its rig from the sea north of Melville Island and leave the fields by October 6. The company has reportedly been told to plan for a delay of up to two years following the decision.
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