2023-10-01
A ruling by the Federal Court in Perth has been welcomed as a common sense victory for Traditional Owners, the environment, whales and indigenous songlines.
Traditional Owner and Mardudhunera woman Raelene Cooper’s legal challenge has succeeded, after arguing that she was not adequately consulted and that the offshore regulator NOPSEMA made a legal error by approving blasting.
Comments attributable to Greens portfolio holder for First Nations, Resources, Trade, Tourism and Sport, and Yamatji Noongar woman, Senator Dorinda Cox:
“I am incredibly relieved and pleased that a judge has ruled that Woodside’s approval to start destructive seismic blasting for the Scarborough gas project near Murujuga, is not valid.
“This ruling is an outstanding result for Traditional Owners and Custodians and the Save our Songlines group who have fought tirelessly to protect the land and sea environment including ancient petroglyphs at Murujuga.
“I congratulate Raelene Cooper for pursuing this important case in the courts against an energy giant that has little regard for the environment, Traditional Owners or seeking free prior and informed consent.
“Murujuga, off the Burrup Peninsula is a significant site that’s nominated for UNESCO World Heritage listing, having the largest collection of Aboriginal rock art in the world, and that deserves protection for future generations.
“In a previous landmark decision last year, a Federal Court Justice ruled that Santos failed to consult with Tiwi Traditional Owners over its Barossa gas project and the approval for the project from NOPSEMA, was also invalid.
“The 2022 win for the Munupi Clan and the latest court win for the Ngarluma people is vindication for Traditional Owners who are deeply connected with their sea country.
“In August I introduced a Private Senator’s Bill to Federal Parliament which will ensure there is adequate consultation and free, prior and informed consent to protect cultural heritage.
“The ‘Spirit of Sea Country’ bill requires standards of consultation with Traditional Owners to be developed, ensures they are included as ‘relevant people’ in the consultation process and that intangible underwater cultural heritage is identified and protected in environmental plans and offshore project proposals.
“The bill is a fair and necessary amendment that takes the burden off Traditional Owners to challenge court decisions after they are made, and instead shifts the responsibility to cash heavy companies who must make sure they run thorough and proper consultations before they act, rather than merely tokenistic or disingenuous consultations.
“Seismic blasting can adversely affect marine animals, including whales, damaging the sensors they use for hearing, causing them stress, physical injuries and potentially death.
“Governments must carefully listen to the concerns of First Nations people who work to protect and preserve their cultural heritage, songlines, connection with Country, both land and sea.”