Dorinda Cox (WA, Australian Greens) Share this | Link to this | Hansard source

I rise tonight to speak about the groundbreaking work being done by Tiwi traditional elders in opposing the terrible Barossa gas project. Santos's Barossa gas project in the Northern Territory is close to the Tiwi Islands. It's potentially one of the world's most carbon intensive gas products. If Santos actually go ahead with this project, it will be one of the dirtiest offshore gas projects in all of Australia. Climate change already poses an enormous threat to Tiwi culture, traditional practices, food sources, water and land. The Barossa project would mean climate catastrophe for the Tiwi Islands and also for the Tiwi people.

The extraction, development and burning of Barossa gas would release 15.6 million tonnes of carbon dioxide emissions annually. To give you an idea: that's more than three million cars for each year that this project operates. The main component of the gas is methane, which is a hundred times more potent than carbon dioxide in the short term and is emitted in vast quantities across the entire gas supply chain. At a time when the International Energy Agency says we cannot develop any new gas if we are to avoid climate catastrophe, Santos's plans for one of the most polluting gas projects in the world is reckless, and it absolutely must be stopped. The cultural, social, ecological and environmental impacts of the Barossa gas project are significant. The Barossa gas field lies next to the Oceanic Shoals Marine Park, which is a critical area for sea turtles, and these sea turtles are integral to Tiwi culture. The construction of the Barossa pipeline would harm the turtles' feeding habitat and create light and noise pollution that could disrupt the turtle hatchlings. It's horrifying to know that an unplanned oil spill from this project would pollute the Tiwi Islands traditional waters alongside four government marine parks.

Tonight I want to highlight the incredible work being done by the Tiwi traditional owners to challenge the Barossa project. At the moment, the Federal Court is considering a challenge launched by a Tiwi elder and Munupi senior lawman, Dennis Tipakalippa. With the support of his community, Dennis is arguing that Santos's Barossa gas drilling approvals should be set aside because he and his community were never actually consulted about these drilling plans.

The Barossa gas field is not a new development, and, sadly, this story spans almost two decades. To give you a brief time line, back in 2004 the Northern Territory government approved exploration drilling. In 2016, NOPSEMA approved appraisal drilling for the Barossa wells. In 2018, NOPSEMA approved the offshore project proposal and master plan. And, in 2020, NOPSEMA approved the Barossa gas pipeline.

Throughout this entire process, the Tiwi people have never been consulted. In fact, many Tiwi people have only recently learned about the Barossa project, thanks to the work of First Nations people like Antonia Burke and civil society organisations like Environment Centre NT.

I was absolutely heartbroken to hear that Santos's so-called consultation process about the drilling environment plan consisted of sending two emails and making one unanswered phone call to the Tiwi Land Council. Santos made a final investment decision on the Barossa project without the consent—you guessed it: without the consent—of the Tiwi people. I was also incredibly angry to learn that Santos's legal team have claimed that, because the project falls into federal waters, Tiwi people are not the relevant people that they need to consult with! Well, Santos, if the traditional owners who have been here for over 60,000 years aren't the 'relevant people' that you need to consult with, then who is? Tiwi people would be the first ones impacted by the Barossa gas project, and it is shameful that Santos is trying to deny their connection with land, culture, sea and sky. It is also shameful that NOPSEMA are not doing more to fix their woeful, inadequate and almost superficial requirements when it comes to consulting with First Nations people. It is not good enough to list these projects on NOPSEMA's public website and call that consultation. We had this discussion earlier today.

As part of the current Federal Court case, the Environmental Defenders Office and the Munupi claim group have requested on-country hearings with the federal judge. In a historical move, the judge agreed, as recently as last Friday, to travel to the Tiwi islands in August to receive evidence on country from five witnesses who are the traditional owners from that area. They would be the ones who would be most affected by this project. The judge also agreed to receive this evidence in song and dance, because, as we know, in some First Nations communities, English is not their first, second, third or even fourth language. The Tiwi people will be able to talk about cultural heritage and how the Barossa project could interrupt cultural and spiritual practices if it goes ahead. This is a remarkable step forward in addressing the shocking consultation processes which have been bandied around to date.

Earlier today, we were debating Senator Thorpe's private senator's bill on the implementation of the UN Declaration on the Rights of Indigenous Peoples. I think it's important to reflect on the links between the implementation of UNDRIP and the serious failures of Santos to consult with the Tiwi people. So, just for a moment, I'd like everyone in this place to imagine that, if we implemented the key principles of free, prior and informed consent, which lots of people on both sides of this chamber have talked about today, we could put those principles into Australian laws, policies and practices. Embedding these principles would stop companies like Santos from taking First Nations people for granted—seeing consultation as simply a box-ticking exercise—instead of recognising our sovereignty and the ongoing connection to country, to the sky and to the seas. This, in fact, is a landmark court case. It is the first time a traditional owner has gone to NOPSEMA to challenge their approvals processes. I know I, for one, as a senator, have asked them to clearly outline what that means. This is not just a huge achievement for Tiwi people, although I don't want to remove that from them; it's also for all of our First Nations communities who are continuing to fight against industry who say that they are our friends but in fact are not doing the right thing.

I would like to end by sharing some powerful words from the senior lawman about his work and how he triggered this court case:

We are going to court because we have not been properly consulted about what is happening to our sea country, so for Santos to begin drilling at this moment shows disrespect for our culture and our interests.

We are worried to hear about drilling going ahead soon, before the court has decided. That is why we want this injunction, to protect our sea country and our culture until the court decides what is right.

We have cared for this sea country for millennia. Once those holes are drilled into the ocean floor, that cannot be undone. For that to happen when Santos has not consulted with us would be devastating to our culture and a huge betrayal.

I am doing this for my ancestors and for future generations. We want to tell our children our traditional stories. If this drilling goes ahead now, it would be a very bad story to tell.

I want to thank the Tiwi people for their ongoing commitment, their resilience and their fight to save their sea country.