Tiwi owners launch Federal Court action against Santos to STOP BAROSSA GAS

Indigenous land owners from the NT's remote Tiwi Islands have launched Federal Court action in a  bid to stop the development of a multi-billion dollar gas project off  the coast of Darwin.

According to ABC reports, Traditional Owners claim the gas company and the federal government  failed to ensure they were properly consulted about the  project's potential risks to their marine environment, dreaming story  tracks and animals.

Santos last year signed off on the $4.7 billion Barossa offshore development, which includes a pipeline from a gas field in the Timor Sea to an existing LNG facility on Darwin Harbour.

The project will draw gas from an offshore field lying 300 kilometres north of Darwin, in Commonwealth waters.

As  well as a new floating production facility and new underwater  production wells, the project will require a new pipeline connection  between the Barossa field and the Darwin LNG processing plant on shore.

Environmental groups say the project is likely to “significantly”  increase Australia’s greenhouse gas emissions and threaten pristine  waterways off the Top End.

Previous legal action thwarted

The latest move is the second court action that Tiwi Traditional Owners have attempted to take against the development, after they failed last month to get a South Korean court to rule loans for the development should be halted.

Tiwi Islands and Darwin Larrakia traditional owners  had sought to delay the project by seeking an injunction in the Seoul  Central District Court, to block loans being sought by Santos's South  Korean partner SK E&S.

The injunction  application was an attempt to stop the Export-Import Bank of Korea  (KEXIM) and the Korea Trade Group (K-Sure) from providing loans and  guarantees of up to $700 million for the project.

Larrakia Danggalaba traditional owner and elder Tibby Quall said he was determined not to drop his opposition.

"It's a bit of a disappointment, but it's not over," he said.

"We will keep fighting on because we think it's the right thing and it could be disastrous if the development goes ahead."

Mr Quall said the federal election result, in which  many voters endorsed stronger action on tackling climate change,  suggested that both the Commonwealth and NT Governments should  reconsider allowing the Barossa and other similar projects to go ahead.

"Climate  change was a big reason for the election result and this development  will create more climate change, and changes in our area, the  governments should take notice of that," he said.

Taking it to the federal court

Consultation with stakeholders who may be affected by offshore gas projects is a legal requirement for federal approval.

Dennis Murphy Tipaklippa said he and his family were not consulted about the risks from the Barossa project and pipeline.

"Me,  I'm one of the law men for the Northern Beaches, they never confronted  me or consulted me and my family clan group," he said.

Mr  Tipaklippa has lodged the Federal Court case against both Santos and  the federal government, alleging both failed to ensure proper  consultation took place.

The Tiwi Land Council's long standing chairman Gibson  Farmer Illortaminni told the ABC that ConocoPhillips and Santos had told  the council about the Barossa project.

But he said he told Santos it must directly consult with the correct traditional owners of areas that could be affected.

"We told Santos when we had that meeting, me as chair, I listen to my people," he said.

"We don't make a decision without the consent of the traditional owners.

"I said: you need to go and talk to the right traditional owners; I told they have to consult with the people."