In a historic hearing, the Federal Court has decided to travel to the Tiwi Islands on Monday, August 22, to take on-Country evidence from Traditional Owners in a legal battle over the approval of gas drilling for Santos’ Barossa Gas Project.
The Court will travel to Pitjamirra on Melville Island to hear from witnesses who, in a momentous occasion for both the Tiwi people and legal proceedings challenging fossil fuel projects, will give evidence on Country, in accordance with cultural protocol, including in the form of song and dance.
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Tiwi Senior Lawman, Dennis Tipakalippa, is suing NOPSEMA, the federal offshore gas regulator, over the approval of Santos’ plans to drill the Barossa gas field. It is the first time on-Country evidence will be heard in a judicial review challenge to the approval for an offshore fossil fuel project. It’s also the first case in Australia brought by First Nations peoples challenging an offshore project approval over lack of consultation.
The Court’s recognition that it is appropriate for Tipakalippa to give cultural evidence on Country, on the very coastline closest to the drilling site, comes as a huge relief to both Tipakalippa and his community, the Munupi, who have been fighting long and hard for their voices to be heard in relation to the gas project.
Tippakalippa lost an injunction application last month to prevent the commencement of drilling until after his case is heard. Santos is now drilling up to eight wells in Tiwi sea Country despite ongoing opposition from Tiwi people and Tipakalippa’s legal challenge still being before the Federal Court.
After the on-Country hearing, the Federal Court will relocate to Darwin, where from August 23-26, the remainder of the proceedings will take place. Tipakalippa is being represented by the Environmental Defenders Office.
A solidarity action with Tiwi people will take place on Wednesday August 24, and will see members of the Darwin community, Tiwi Elders, as well as Federal and local MPs, gather in front of Parliament house.
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Tipakalippa says, “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. It feels like a big backstab. Enough is enough.
“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. We respect our homelands, our sea Country and it looks after us.”
