AceBusinessDesk – There is uncertainty around the future of a $3.6 billion Santos gas project after the Federal Court ruled the Native Title Tribunal should have considered climate change before issuing approval.  

Ace Press News From Cutting Room Floor: Published: Mar.09: 2024: Editor’s note 7/3/2024: This article has been amended to clarify Suellyn Tighe is a traditional owner but was not one of the applicants in this case: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe

Gomeroi traditional owners appealed against that decision to the Federal Court, which has since ruled in their favour.Traditional owner and Gomeroi woman, Suellyn Tighe, said the decision was groundbreaking. It’s time for change after the decision, which says these fossil fuel companies are impacting on climate change,” she said. It’s a huge win and people should be celebrating. “ We have to fight [this] to preserve all of nature.” The issue of climate change was one of six questions of law raised in the case, and the only one successfully appealed.

Chief Justice Debra Mortimer stated on Wednesday the tribunal should have taken public interest in the mitigation of climate change and its impact on Native Title into account when making its decision. Up to 850 gas wells would be constructed on 95,000 hectares of farmland and state forest near Narrabri as a part of the Santos Narrabri Gas Project.

Gomeroi elder Polly Cutmore echoed sentiments about the cultural significance of the decision.

“It felt so good that we were all one, and just closing my eyes I know our ancestors were with us, and we made the decision,” she said. A former chief solicitor for the Environmental Defenders Office, Greens MLC Sue Higginson, said the decision could set the grounds for similar appeals across the state. This basically now says the decisions previously were wrong at law and that climate change matters” she said. “ We’ve never had a decision like this, it really is a catalyst.” 

Santos responds with hopes to continue project: Santos issued a statement noting the court’s decision.

It said the court had determined the National Native Title Tribunal erred at law by declining to have regard to evidence on climate impacts that was tendered on behalf of the Gomeroi applicant. “ The court did not make any findings in relation to Santos’ conduct,” it said. The court’s orders regarding next steps are yet to be made [and] Santos 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.”

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