2023-11-02
Comments attributable to Greens portfolio holder for First Nations, Resources, Trade, Tourism and Sport, and Yamatji Noongar woman, Senator Dorinda Cox:
“I am elated that the Federal Court has issued an injunction that prevents Santos from starting to lay its export gas pipeline and that Jikilaruwu clan Traditional Owner Simon Munkara has been successful in his emergency court action.
“While the decision means a temporary halt on construction works is in place until the next court date, this is a significant win for Traditional Owners who have to go head to head against fossil fuel corporations to protect their ancient underwater cultural heritage.
“The power and financial imbalance between big fossil fuel companies and Traditional Owners is enormous and unfair but this injunction buys time, and that is critical because once destroyed, the damage cannot be reversed.
“Destruction of tangible and intangible cultural heritage would be devastating to Traditional Owners who have spiritual connections to significant sites, songlines, totems and ancient burial grounds.
“Judge Charlesworth has recognised that if pipe laying was to continue, there would be irreparable damage to Mr Munkara.
“Mr Munkara argued that Santos did not properly assess submerged cultural heritage for the pipeline.
“Based on what we’ve seen previously and on the Tiwi Land Council’s criticism of the assessment process, I’d agree that Santos’ efforts are woefully inadequate.
“This is another example of a lack of sound process and a lack of care by Santos and offshore petroleum regulator NOPSEMA to ensure that relevant Traditional Owners are properly and genuinely consulted.
“Santos just wants to get cracking on its destructive export pipeline, and to hell with what’s in the way. Well now they have to wait, regardless of whether their ships are poised and ready offshore. This matter is too important to greenlight and I’m pleased the Judge has issued an injunction.
“The process put in place to provide the opportunity to be properly and genuinely consulted is broken. That is clear when we have a previous court decision in December that put Santos and NOPSEMA on notice to correct this important issue.
“My Private Senator’s Bill that I introduced to parliament - 'Protecting the Spirit of Sea Country' - aims to ensure proper, genuine consultation, free prior and informed consent and the protection of underwater cultural heritage.
“I look forward to following this case which is due back in court on 13 November and continuing to support the rights of Traditional Owners for free prior and informed consent.”