The Federal Court of Australia has ruled against gas company Santos's appeal of Tiwi Senior Lawman Dennis Tipaklippa's landmark victory, and ordered the appeal to be dismissed.
In June of this year, Munupi senior Lawman Dennis Tipakalippa and other residents on the Tiwi Islands launched legal action against offshore petroleum regulator NOPSEMA over their handling of Santos' Barossa project.
In September the court found NOPSEMA had failed in their approval processes and should not have approved Santos' drilling plans without proper consultation with the Munupi Clan.
Santos then appealed the court's decision and was heard in court on November 15 and 16.
Today, Justice Mortimer delivered the verdict on behalf of themselves and Justice Kenny and Justice Lee.
The court ordered the appeal be dismissed and the appellant pay first respondents the costs of the appeal.
Community consultant and Yanyuwa Garrwa woman Antonia Burke said Santos made a decision to completely ignore Traditional Owners.
"They tried to say that we had no interest in the deep sea Country," she said.
"And what this judgement has done for all Traditional Owners across this while country is recognised our cultural, spiritual and cultural heritage rights.
"When fossil fuel companies decide that they want to destroy the ocean of our doorstep, they must come and speak to us first."
In a statement released late on Friday Santos said the company has consulted with Traditional Owners and their representative bodies on the Barossa Gas Project since 2016 and will continue to do so, taking into account the guidance provided by the Court.
"With a range of cultural heritage and native title agreements across 23 Traditional Owner Groups and six Land Councils around Australia, Santos has a strong track record of working constructively and collaboratively with Traditional Owners.
"Santos has always sought to meet its consultation responsibilities and is continuing the process of revising the Drilling Environment Plan to address the matters contained in the judgement. Further, Santos will now proceed with applications for all remaining approvals in accordance with the guidance provided by the Court.
"As a result, Santos does not anticipate any material cost or schedule impact, and first gas from the Barossa Gas Project remains on track to be delivered in the first half of 2025."
NOPSEMA said it noted the decision of the court and was considering its implications.
"NOPSEMA has been applying the Federal Court's earlier decision by Justice Bromberg and will be applying the appeal decision from now on. It is a matter for Santos as to what the decision means for the Barossa project."
WA Greens Senator Dorinda Cox said today's dismissal is an example of cultural giants defeating a billion dollar company.
"The fact that Santos didn't consider the Munupi people relevant is appalling and I'm happy to hear the court has upheld its decision," she said.
"The government must respect the court's views on this matter, acknowledging traditional owners as relevant peoples, and not intervene.
"This ruling underscores how important it is to put legal protections around First Nations peoples human rights."
The Barossa project is one of the biggest oil and gas investments in Australia currently.
