Santos Wins Legal Battle Against Tiwi Islands Elders to Build Gas Pipeline

Global gas company Santos has beaten a group of Tiwi Islands elders in a legal battle over the construction of an underwater pipeline for a multi-billion dollar gas project off the coast of the Northern Territory.

After years of protests over the $5.7 billion Barossa Gas Project and months of legal arguments, Santos has been granted permission to build a 263km gas pipeline in the Timor Sea, north of Darwin.

In November, Santos was forced to halt construction after the group of First Nations elders, represented by the Environmental Defenders Office, successfully obtained an urgent court injunction.

The injunction questioned whether Santos’ cultural heritage survey had adequately assessed and addressed potential risks to First Nations sacred sites and culturally significant spiritual entities.

On Monday, the court ruled in favour of Santos and allowed them to resume pipeline construction works. The pipeline will be used to transport gas drilled offshore to Darwin before being shipped and sold to countries in Asia.

The Tiwi Elders have been ordered to pay Santos’ legal costs.

The court heard reports on both sides from experts and First Nations elders but found a disagreement between Tiwi Islands elders about traditional songlines meant there was insufficient evidence that the songlines passed through the section of sea where the pipe was to be laid.

“I have concluded that the evidence asserting that the songlines relate to or extend into the area of sea country through which the pipeline will pass is insufficient,” Justice Natalie Charlesworth told the court.

Jikilaruwu traditional owner Simon Munkara, who led the campaign and the plaintiffs said in a statement the outcome was disappointing.

“We brought this case to protect our Sea Country,” he said.

“I am a true believer for my Country. We are hurting and need some time to think.”

Chief executive of the Australian Energy Producers Samantha McCulloch said the industry has also been committed to "Comprehensive and effective consultation with traditional owner”.

“However,” she said, “vague and ambiguous regulations cannot be allowed to continue holding up important energy projects, postponing new supply that is needed to deliver energy security, emissions reduction and substantial economic returns for Australians.”

Aleksandra Bliszczyk is the Deputy Editor of VICE Australia. Follow her on Instagram.

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