Santos has issued an announcement after the choice of the Federal Court of Australia on November 15 ruling that pipelay actions can start on an 86-kilometer part of pipeline for the Barossa Gas Export Pipeline (GEP) – however not south of kilometre level 86 (KP86).
This southern part would cross to the west of the Tiwi Islands.
The Court has set December 4, 2023 because the date of graduation of the listening to of software introduced by Jikilaruwu conventional proprietor Simon Munkara and two others searching for to restrain Santos from persevering with the pipelay till it revises its environmental plan after re-consultation with related individuals, and the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) accepts a revised plan.
Santos intends to vigorously defend these proceedings.
Munkara alleges laying the GEP will impression submerged Tiwi cultural heritage, creating a brand new environmental danger. Munkara’s legal professionals say that the 263km pipeline would harm burial websites on the ocean flooring, dreaming tracks and songlines. (Songlines describes the options and instructions of journey that had been included in a music that needed to be sung and memorised for the traveller to know the path to their vacation spot.)
All three Tiwi Traditional Owners are represented by the Environmental Defenders Office (EDO).
Senior Elder Molly Munkara stated: “My heart is beating, happy one. It’s really our waterways, our place where we go and have traditional life. We are part of that area, the land and the sea. It means a lot to me. And I’m glad, I’m happy.”
EDO Special Counsel Alina Leikin stated: “The Federal Court has already established that Santos needs to do proper consultation with Traditional Owners before a valid approval for work can be issued. This case is about ensuring that companies properly assess evidence of new impacts and risks caused by their projects when it comes to light in accordance with the law.”
However, Santos says it has complied with a General Direction issued by NOPSEMA in January 2023 in relation to impacts on underwater cultural heritage locations to which Indigenous folks have non secular and cultural connections.
An impartial professional anthropologist concluded there have been no such underwater cultural heritage locations, following interviews with round 170 Tiwi folks and in depth archaeological and anthropological literature and research. These research included consideration of impartial professional archaeological, geological and sedimentological evaluation of the pipeline route.
Santos says it’s dedicated to delivering the Barossa Gas Project. “With the Barossa Project set to supply the Darwin LNG plant for years to come, it is important for local jobs, as well as opportunities for Traditional Owners, exports, and relationships with investors and gas customers in Asia, that this project continues.”
Australian Energy Producers Chief Executive Samantha McCulloch stated: “The economic and energy security of Australia and its valued international partners is being damaged.” The courtroom resolution is additional proof of the pressing want for the Australian Government to offer certainty for companies and repair the damaged offshore regulatory approvals system, she says.
“Reliable and affordable energy for Australian households and businesses is at risk alongside the tens of billions of dollars of economic benefits and jobs our exports deliver for Australia. The Government must act immediately to fix this issue and end the lawfare.
“Wait times for some approvals have blown out to more than two years. Courts continue to overturn or block approvals already awarded by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA).
“Companies which consult with stakeholders in good faith are watching approvals granted by the regulator be overturned or blocked in court. Regulations that provide clarity and certainty for industry while maintaining comprehensive and meaningful consultation with stakeholders are urgently needed.”
