The Federal Court backed Tiwi Islander Dennis Tipakallipa’s claim that Santos did not properly consult with his people.Credit:Rebecca Parker
Dennis Tipakalippa,a senior lawman of the Tiwi Islands,sued NOPSEMA alleging his Munupi Clan had not been properly consulted before the regulator approved Santos’ plan to drill up to eight gas wells about 120 km north of the islands.
“I am the happiest man alive,” Tipakalippa said. “The most important thing for us is to protect our Sea Country.”
Non-profit environmental law practice - Environmental Defenders Office (EDO),which represented Tipakalippa,had argued at the week-long hearing in August,which included hearing evidence on-country in the Tiwi Islands,that Santos’ inadequate consultation rendered NOPSEMA’s March 2022 approval of drilling invalid.
Bromberg said in the summary of his decision that Tipakalippa and other traditional owners had asserted their rights to the area being drilled 140km north of the Tiwi Islands based on longstanding spiritual connections and traditional hunting and gathering activities conducted by them and their ancestors.
Bromberg ruled that the plan did not show that Tipakalippa or other traditional owners of the Tiwi Islanders had been consulted by Santos and NOPSEMA had unreasonably approved the plan.
The ruling prevents Santos fromfurther drilling at the project,situated on the Timor Sea north of Darwin. Santos had agreed in August not to drill any new wells in the Barossa gas field and stop drilling its current well pending Wednesday’s ruling.