A Traditional Owner from the Tiwi Islands has launched legal action aimed at stopping a multi-billion dollar gas development north of Darwin.
Energy giant Santos plans to drill eight production wells in the Timor Sea as part of the $4.7 billion dollar Barossa Gas field development, which was approved by the federal government's off-shore oil and gas regulator in March.
But Senior Lawman and Tiwi Traditional Owner Dennis Tipakalippa is now taking out a Federal Court injunction because he says he and his people were never consulted, making the environmental approval invalid.
"Santos say they did consultation for this drilling project, but no one spoke to me as a Traditional Owner and Senior Lawman for the Munupi clan," Mr Tipakalippa said.
"My clan, the Munupi, own these Northern Beaches. It’s our land that’s closest to the drilling site. We are the ones who are going to be affected. They never came to me in person or face to face.
"I think they couldn't face my people."
It's not the first time that Tiwi Traditional Owners have voiced their concerns over a lack of consultation by Santos.
Mr Tipakalippa says his clan, the Munupi, stand to be the most affected by adverse environmental conditions caused by the drilling. Source: NITV News.
In February, Traditional Owners from the neighbouring Jikilaruwu took the South Korean Government to court in an unsuccessful bid to stop it financing the project.
The latest legal action has been filed just as Santos is set to commence drilling, with Tiwi Islanders saying the proposal is a fundamental threat to their food sources, culture and way of life and that they should have been consulted.
“We spend a lot of time out in the water – hunting, fishing. We only ever take what we can eat in a day, no more," Mr Tipakalippa said.
"We respect our homelands, our sea country and it looks after us. Santos should have respected us and consulted in the proper way. They think they can just go ahead with drilling our sea country without even talking to us.
"Enough is enough.”
Mr Tipakalippa and his community are particularly concerned by impacts on their sea country if an oil spill occurs.
He is also worried that increased shipping may interfere with the breeding patterns and nesting grounds of turtles, dugongs, whales and other marine species essential to Tiwi ceremonies, song lines and cultural practices.
Traditional Owners fear for their way of life, and are concerned for the welfare of the local wildlife. Source: NITV News
“The drilling may be out in the ocean, but that’s our sea country and we know how the waters move. I’m also worried about all the noise from the choppers overhead and all those big ships going by.
"The turtles could be killed by those ship propellers. Their shells all chopped up. Or they will be scared away and not nest here anymore,”
The fears Traditional Owners have over the impact of the development on their sea country are well-founded, according to Environment Centre NT's marine scientist Jason Fowler.
“Drilling production wells in the Barossa field will have a huge impact on marine life in the Timor Sea because it means two years of non-stop heavy industrial shipping activity and huge volumes of chemicals, cement and waste dumped into the sea during the drilling process," Mr Fowler said.
“Any mistake at the Barossa field, such as a well blowout or ship collision, could be devastating to the Tiwi Islands, particularly during the summer monsoon when strong northwest trade winds will push any oil spill towards the Tiwi coast.
“Santos have rejected key safety measures such as locating oil spill clean up equipment at Port Melville on the nearby Tiwi Islands, ceasing drilling during cyclone season and ruling out the mandatory use of double hulled ships.
"This all adds up to increased risk to Tiwi Islanders who will have limited ability to react if an oil spill occurs.”
Lawyers say the case represents the first time a First Nations person challenging an offshore project over a lack of consultation.
An aerial view of Putjamirra, with a local's house. Source: NITV News
This case could establish what constitutes adequate consultation with First Nations people in relation to offshore gas developments.
"It could have significant implications for how mining companies view their consultation obligations with First Nations people," Alina Leikin, Special Counsel for the Environmental Defenders Office said.
“In seeking approval for this project, Santos had a legal obligation to consult with people who might be impacted by the drilling.
“The stakes couldn’t be higher for the Tiwi community. Their food source, their traditional practices, their culture and the country they’ve protected for millennia will be at risk if this drilling goes ahead."
Santos said it could not comment on matters currently before a court.
