In a recent significant turn of events, the Australian Federal Court dismissed a challenge against the construction of a gas export pipeline through the submerged cultural heritage of the Tiwi Nation.
The court ruling released gas corporation Santos from a temporary injunction that had previously halted the A$5.7 billion project since November of the previous year. The applicants, in consequence of the verdict, were directed to pay Santos’s costs.
The court’s decision, however, has triggered distress among traditional owners who fear the cultural implications of the project. Notably, the Tiwi Islands’ indigenous customs include the burial of the dead under elaborate, carved Pukumani poles, which are believed to connect to spiritual entities, including the Ampiji and the Crocodile Man. These practices have been brought into jeopardy by the proposed work.
In a heartfelt response to the Australian Broadcasting Corporation, Tiwi elder, Marie Francis Tipiloura, expressed her concerns, stating that the situation was deeply hurtful to them and their beliefs.
Despite these voiced apprehensions, the plaintiffs’ demand for a new environmental plan fell short of convincing Justice Natalie Charlesworth of an imminent, substantial risk of environmental impact. The traditional owners’ accounts of the Ampliji and the Crocodile Man traditions did not form a persuasive foundation for discerning a significant risk to tangible culture along the pipeline’s proposed route.
This legal wrangle commenced in October 2023, when the Environmental Defenders Office (EDO) spearheaded a civil litigation against Santos. Simon Munkara, a Jikilaruwu man, and two other Tiwi Traditional Owners had argued that the proposed work posed a considerable risk to Tiwi’s underwater cultural heritage. The group had urged a painstaking reimagination of Santos’s Environment Plan.
In November 2023, an injunction was filed, unsettling commencement of the work. Alina Leikin, EDO Special Counsel, lauded the decision and emphasized the need for comprehensive consultation with Traditional Owners, saying: “The Federal Court has already established that Santos needs to do proper consultation with Traditional Owners before a valid approval for work can be issued. This case is about ensuring that companies properly assess evidence of new impacts and risks caused by their projects when it comes to light in accordance with the law.”
The full development of this story can be followed on the JURIST website.