Native Title Tribunal gas go-ahead

Santos’ Narrabri gas project has been given the green-light by the National Native Title Tribunal.

The tribunal handed its decision down in December, determining that the $3.6 billion development could go ahead, subject to one condition.

Santos will be required to take all necessary steps to ensure that cultural research – as part of the project’s Aboriginal Cultural Heritage Management Plan – be completed prior to start of phase two of the development.

Handing down the determination on Monday, December 19, the tribunal’s president John Dowsett AM KC said he accepted that the Gomeroi applicant has genuine concerns about the recognition and protection of its native title rights and interests, and the associated matters identified.

“There can be little doubt that there is a significant public interest in the responsible exploitation of gas reserves,” Mr Dowsett said.

“Substantial resources have been expended by the state and by Santos in ensuring such responsible exploitation. Whilst I understand the Gomeroi applicant’s concern, I consider that, having regard to the matters set out above, its concerns are outweighed by the public interest.”

Following the determination, Santos said Narrabri gas is essential to ensure Australia’s energy transition to renewables and cleaner energy technologies maintains both energy security and affordability for all Australians over the coming decades.

Santos said it will continue to engage constructively with the Gomeroi people and work closely with them 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.

“Santos has a strong track record of working collaboratively with First Nations peoples in Australia and internationally,” the company said in a statement released after the determination.

“The company has a range of cultural heritage and native title agreements in place with 23 Traditional Owner Groups and six Aboriginal Land Councils around Australia.

“Santos has been consulting and working with the Gomeroi people since 2012, and in formal negotiations regarding the Narrabri gas project since 2015.”

In the 358-page determination, the tribunal detailed and responded to the objections to the Santos project.

“The Gomeroi applicant submitted that the proposed grants should not be made, asserting that the Narrabri gas project would result in grave and irreversible consequences for the Gomeroi People’s culture, lands and waters and would contribute to climate change. The tribunal does not doubt that the Gomeroi applicant’s concerns are genuine,” the determination reads.

“However the tribunal concluded that the Gomeroi applicant had failed to justify its assertions that the proposed grants would have such effect upon the matters identified in s 39(1)(a) of the Native Title Act.

“The tribunal had particular regard to the anticipated benefits of the Narrabri gas project to the Narrabri region, New South Wales and Australia.

“It also had regard to the Independent Planning Commission’s decision and the information upon which it relied.

“In those circumstances the tribunal concluded that the proposed grants would provide a public benefit, significantly outweighing the Gomeroi applicant’s concerns, particularly having regard to the limited and imprecise evidence provided in connection with such concerns.

“The tribunal therefore concluded that the proposed grants should be made, in each case, subject to one condition.”

The Native Title Tribunal’s decision to green-light the Narrabri gas project follows a recent state government announcement to grant ‘critical’ status to a 50-kilometre pipeline linking the Santos gas development to the Hunter Gas Pipeline.

Premier Dominic Perrottet described the pipeline, now classified as Critical State Significant Infrastructure, as a crucial link to connect the gas project to the East Coast gas network.
Weeks before the pipeline announcement, the Premier threw his support behind the Narrabri gas project.

Similar statements of support have also been made by Prime Minister Anthony Albanese and NSW Labor leader Chris Minns in recent weeks.