A Tiwi Elder seeking has sought an urgent injunction to stop Santos commencing the drilling of the massive Barossa gas project off Australia’s north coast, until a legal challenge to the project’s approvals is resolved.
In June, a federal court challenge to approvals issued by the National Offshore Petroleum Safety and Environment Management Authority (NOPSEMA) to the Santos gas development was launched by Tiwi Elder Dennis Tipakalippa, who argues that Santos failed in its legal obligations to consult with First Nations communities about the drilling plans and so the approvals are invalid.
Tipakalippa says that Tiwi communities are concerned about the potential long-term impacts of the Barossa gas project, as well as Santos’ apparent refusal to delay work on the project, which has motivated the request for the injunction.
“We are going to court because we have not been properly consulted about what is happening to our sea country, so for Santos to begin drilling at this moment shows disrespect for our culture and our interests,” Tipakalippa said.
“We are worried to hear about drilling going ahead soon, before the court has decided. That is why we want this injunction, to protect our sea country and our culture until the court decides what is right.
“We have cared for this sea country for millennia. Once those holes are drilled into the ocean floor, that cannot be undone. For that to happen when Santos has not consulted with us would be devastating to our culture and a huge betrayal.”
The Federal Court has set dates in late August to hear the legal challenge, but the Environment Centre NT says satellite imagery suggests Santos is continuing to position equipment in preparation for drilling to commence.
“We have satellite imagery of the drilling rig moving closer and closer to the Barossa site. We know that drilling is imminent. But proper consultation has not occurred, which is why this injunction is so important,” Marine scientist and campaigner with Environment Centre NT, Jason Fowler, said.
“The minute the Barossa drilling rig is turned on, the impacts begin. There is noise, air, water and chemical pollution, and an increase in heavy shipping traffic close to the Tiwi Islands.”
“The Barossa gas field lies adjacent to the Oceanic Shoals Marine Park, which is a critical area for sea turtles. Not only is this an ecologically significant site, but we’ve been told that these sea turtles are integral to Tiwi culture.”
Special counsel for the Environmental Defenders Office, Alina Leikin, which is representing Tipakalippa in the legal challenge, said Santos should not start works at the Barossa project until the Federal Court challenge is resolved.
“Dennis and his community should have been properly consulted about this drilling project in sacred sea country that they have protected for millennia. The Federal Court will hear their case in late August, all they are asking is that Santos wait until their case is heard before starting to drill into their sea floor,” Leikin said.
“Tiwi people have a spiritual obligation to protect their sea country and there are serious spiritual and cultural ramifications for Tiwi people if the drilling starts.
“There is a cloud of uncertainty surrounding the Barossa drilling plans, with a case before the Federal Court. Santos should respect Tiwi people and wait until a decision is made about the validity of the drilling approval.”
In a statement, a spokesperson for Santos said the company would defend the project’s approvals, and that it was progressing in line with its approved timelines.
“The Barossa development was subject to robust approvals processes by the National Offshore Petroleum Safety and Environmental Management Authority, including in relation to consultation obligations,” the Santos spokesperson told RenewEconomy.
“In accordance with approvals granted for the project, Barossa is underway and proceeding to schedule. Santos will vigorously defend its position in these proceedings.”
