Tiwi Islands traditional owners have had their landmark legal victory upheld, after resources giant Santos failed in its appeal against a Federal Court judgment that forced it to halt drilling on its multibillion-dollar Barossa gas project off Australia’s northern coast., saying it was clear the original appellant, Dennis Tipakalippa, and the Munupi clan had interests that required them to be consulted, including cultural and spiritual interests.
During the appeal, the lawyers for Santos argued the clan did not legally count as “relevant persons” and that it was unreasonable to expect the company to consult with “each and every” individual clan member. This court decision is likely to set a new standard for consultation between First Nations people and resources companies before offshore projects began. It does not mean that Santos will abandon its drilling plans, but it will now need to properly consult traditional owners.
The court’s decisions will have implications for other resources companies. Oil and gas company Woodside has plans to develop an offshore field for gas export – the $18 billion Scarborough project off Western Australia – but still needs environmental plans approved by NOPSEMA.
perkinsmiki So a development 300km offshore from Darwin needs to consult with ‘traditional owners’. What utter BS.
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