Native Title Tribunal approves Santos gas field on Gomeroi Country despite objections

Dechlan Brennan
Dechlan Brennan Published May 20, 2025 at 1.00pm (AWST)

A decision by the National Native Title Tribunal to allow the New South Wales government to lease land to Santos for gas extraction has been criticised by Gomeroi Traditional Owners.

The Tribunal was asked to decide whether several petroleum production leases to Santos NSW Pty and Santos NSW (Narrabri Gas) Pty Ltd, which largely overlaps with the Pilliga - a significant Gomeroi cultural area - should be allowed to go forward.

In the decision handed down on Monday, the Tribunal said the "project offers a net public benefit" when weighing the public interest evidence with the concerns of the Gomeroi people.

"When considering public interest, the panel placed significant weight on the project providing energy reliability if all the gas produced is made available to the domestic market as intended," the Tribunal said in its findings.

"The evidence in this matter has shown that if the leases are not granted, there will likely be a gap in the available supply of reliable, secure energy on Australia's east coast, which would have significant short-to-medium-term detrimental impacts upon the wider community, including Gomeroi people."

In response, Gomeroi Traditional Owners said they were "disgusted" with the determination, arguing the Tribunal had "disregarded" their voices.

Polly Cutmore, a Traditional Owner from Moree who was elected to deal with Santos on behalf of her Nation, said despite the result, "our mob should never be afraid to stand up for Country".

Ms Cutmore said the community should never be afraid to do the right thing for future generations.

The Narrabri Gas Project, which will see up to 850 gas wells, was approved by the NSW Independent Planning Commission (IPC) in 2020.

The Project has been widely reported to be worth $3.6 billion. A Santos spokesperson told National Indigenous Times that the company's CEO "is on the record... disputing this figure as far back as October 2020".

Before its approval, the NSW government received almost 23,000 public objections.

"The Narrabri Gas Field is never going to go ahead," Ms Cutmore said.

"There is too much opposition from the community, which has been strong and unwavering against its pipelines and the gas field itself for many years.

"Maybe the Government should start listening to communities again?"

In a statement, Santos said they "welcomed" Monday's 'future act' determination.

"The 'future act' decision is an important step forward for this new domestic gas supply project, with the NSW government now able to proceed with the granting of petroleum production leases," Santos said.

Addressing concerns from Gomeroi Traditional Owners, the energy giant said they had been "engaging constructively" with the Gomeroi people since 2012.

"Like all communities, there are a range of views about the Narrabri Gas Project across the roughly 13,000 individuals who identify as Gomeroi in NSW," they said.

"Santos will continue to engage constructively and work closely with the Gomeroi people to ensure their heritage is protected and they benefit from the project development in a range of ways, including through training and employment, and involvement in all aspects of their cultural heritage protection and management."

In March 2022, Gomeroi people voted overwhelmingly against the project, 162 to two, with four abstentions.

Gomeroi Traditional Owners recently protested outside NSW Parliament House, bringing a sacred flame from Pilliga to Sydney to demonstrate there is "no consent for Santos' Narrabri Gas Project".

Materials made a journey of hundreds of kilometres from the Pilliga on Gomeroi Country for the event, which involved a symbolic smoking ceremony, speeches and singing.

"We never agreed to it, and we remain totally against it. The Minns government needs to respect the rights of Traditional Owners to free, prior and informed consent. It must immediately ditch its support for the Narrabri Gas Project," Gomeroi Traditional Owner Karra Kinchela said.

The Narrabri Lateral Pipeline is still being assessed by the Commonwealth, and Santos will need to follow strict conditions to proceed with the project, including the strengthening of Aboriginal cultural heritage protections and the "implementation of a ranger program covering the Pilliga Forest, to manage Country, protect the environment, and monitor and manage ecological threats".

"These conditions go to the cultural concerns and obligations of Gomeroi people, but also cultural safety and environment as important matters of consideration under public interest," the Tribunal said.

In December 2022, the Tribunal determined the acts may be done subject to conditions, which was immediately appealed by the Gomeroi people.

In March 2024, the Full Court of the Federal Court unanimously rejected the Gomeroi people's five grounds of appeal relating to good faith.

However, the appeal was allowed on Ground 3, with the Full Court finding the Tribunal erred in concluding it had limited scope to consider environmental matters.

The Gomeroi people "were deprived of the possibility of a successful outcome by reason of the tribunal's errors," Chief Justice Deb Mortimer said at the time.

Traditional Owners lauded the decision, whilst Santos said they would continue to mediate in order to reach a mutually beneficial conclusion for both sides.

After the decision was handed down on Monday, Unions NSW and the Sydney Branch of the Maritime Union of Australia vowed to support Gomeroi Traditional Owners in their opposition to the project.

   Related   

   Dechlan Brennan   

Download our App

@natindigtimes
Article Audio

Disclaimer: This function is AI-generated and therefore may mispronounce.

National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.